CIP section 0A.pdf

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Construction Health and Safety

CONSULTATION ONHEALTH AND SAFETY

Section 0A

OA - 1December 1997
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NOTE

Whilst every care has been taken to ensure accuracy withinthis work, no liability whatsoever is accepted by ConstructionHealth and Safety, its sponsoring organisations or theiradvisers in respect of the information given.

No material from this book may be reproduced in any shapeor form without written permission from the publishers.

Printed by Arkle Print, 17 Gatelodge Close, Round Spinney Industrial Estate, Northampton NN3 8RJPublished by the Construction Confederation,

Construction House, 56-64 Leonard Street, London EC2A 4JX.

0A 2 June 2000

ACKNOWLEDGEMENTS

Special acknowledgement is made to the following for their assistance in thepreparation of this Section:

AMEC plcBalfour Beatty Ltd

Sydney E. Bell Esq. Chartered ArchitectCallsafe Services Ltd.Construction Health and Safety GroupConstruction Industry Training BoardHealth and Safety ExecutiveHistoric Royal Palaces Agency

John Laing Construction Ltd.Norwest Holst Construction Ltd.Tarmac Construction Ltd.Taylor Woodrow plc.
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CONSULTATION ON HEALTH AND SAFETY

0A 3June 2004

IntroductionBy law, employers must consult all of their employees onhealth and safety matters. Some workers who are selfemployed, for example for tax purposes, may be classed asemployed under health and safety legislation. Consultingemployees on health and safety matters can be very

important in creating and maintaining a safe and healthyworking environment. By consulting employees, an employershould motivate staff and make them aware of health andsafety issues. Businesses can become more efficient andreduce the number of accidents and work related illnesses.

Topics for ConsultationConsultation involves employers not only giving informationto employees but also listening to, and taking account of,what employees say before they make any health and safetydecisions.

If a decision involving work equipment, processes ororganisation could affect the health and safety of employees,the employer must allow time to give the employees or theirrepresentatives information about what is proposed. The

employer must also give the employees or their rep re sen-tatives the chance to express their views. Then the employermust take account of these views before reaching a decision.

Consultation with employees must be carried out onmatters to do with their health and safety at work, including: any change which may substantially affect their health

and safety at work, for example changes in procedures,equipment or methods of working;

the employers arrangements for getting competentpeople to help him or her satisfy health and safety laws;

the information that employees must be given on thelikely risks and dangers arising from their work, measuresto reduce or get rid of these risks and what they shoulddo if they have to deal with a risk or danger;

the planning of health and safety training;

the health and safety consequences of introducing newtechnology.

Regulatory RequirementsThe Safety Representatives and Safety CommitteesRegulations 1977 (SRSCR)

If an employer recognises a trade union and that tradeunion has appointed, or is about to appoint, safety represen-tatives under SRSCR 1977, then the employer must consultthose safety representatives on matters affecting the group org roups of employees they re p resent. These groups ofemployees may include people who are not members of thattrade union. The regulations also provide for the formation ofsafety committees when requested by safety representatives.

These regulations are based on the employer/employee

relationship and are not limited to construction sitep e r s o n n e l ; o ffice staff may be included. The re g u l a t i o n sspecify the functions of safety rep resentatives and safetycommittees and set out the obligations of employers towardsboth. They remain in force in their entirety and have notbeen affected by the subsequent regulations outlined below.

Under the SRSCR regulations, the roles of trade unionsafety representatives are: to investigate possible dangers at work, the causes of

accidents there and general complaints by employees onhealth, safety and welfare issues and to take matters upwith the employer;

to carry out inspections of the workplace, partic ularl yfollowing accidents, diseases or other events;

to rep resent employees in discussions with health and

safety inspectors and to receive information from thoseinspectors;

to go to meetings of safety committees.See p. 0A-4 for the regulations in full.

The Health and Safety (Consultation with Employees)Regulations 1996 (HSCER)These regulations came into force on 1 October 1996 andare intended to top up the 1977 regulations by extendingconsultation to any employees who are not members of agroup covered by trade union safety representatives. As withthe 1977 regulations they are based upon the employer/employee relationship and their application is not limited toc o n s t ruction sites. Office and depot staff must also beconsulted on issues relating to their health and safety.

Whilst consultation under these regulations is compulsory,employers have the choice of consulting their employeeseither directly or through properly elected representatives.The guidance to the regulations gives advice on how andwhen to conduct elections if representatives are required.

Should an employer choose to consult through electedrepresentatives then the regulations specify the functions ofsuch re p resentatives and the training and facilities withwhich they must be provided.

Under these regulations, rep resentatives of employeeshave the following roles:

to take up with employers, concerns about possible risksand dangerous events in the workplace that may affectthe employees they represent

to take up with employers, general matters affecting thehealth and safety of the employees they represent

to re p resent the employees who elected them inconsultations with health and safety inspectors.

It should be noted that the representatives roles under theseregulations are not as extensive as those under the 1977regulations. Employers may of course choose to give electedrepresentatives additional duties in order to standardise theroles.

The Construction (Design and Management) Regulations1994 (CDM)

The CDM Regulations include a re q u i rement upon theprincipal contractor for a construction project to ensure thatall persons engaged upon construction work on the projectare able to discuss and offer advice to him on relevant healthand safety issues. (See page 0C - 17, Regulation 18). Theprincipal contractor must also ensure that there arearrangements for the co-ordination of the views of all suchpersons and/or their representatives.

It is important to note that these re qu i rements do notrelate solely to the principal contractors employees but toall persons engaged upon construction work on theproject.

The principal contractors arrangements for fulfilling hisconsultation duties should be stated in his Health and SafetyPlan for the project.

ImplementationAll or any of the three re g u l a t o ry re q u i rements forconsultation outlined above may apply to a construc t io ncompany at any time, depending on whether or not they arethe principal contractor and whether or not they have anytrade union safety representatives.

The broadest based requirements for consultation arisefrom the CDM regulations, as they encompass everyone onsite. Principal contractors are therefore advised to establishconsultation arrangements to meet the CDM requirementsfirst, and then check that these arrangements also complywith the HSCER 1996 re q u i rements and, whereappropriate, the SRSCR 1977 requirements.

Since part of the consultation process involves the

provision of information, it is appropriate to make full use ofany pre-existing communication system such as staffbriefings, site inductions, toolbox talks etc. However, suchsystems may need further development in order to give
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people the opportunity of expressing their views. Thesystems must become two-way communication processes.

A typical site consultation process may include: Site Manager addresses all staff on say a quarterly basis. S t a ff and operatives attendance at induction course

which includes information on the ongoing consultationprocess on site.

Briefings on method statements. Tool box talks for all operatives on site on a regular basis.

Publication of relevant health and safety information vianotice boards, newsletters etc.

Whilst it is quite appropriate for subcontractors to bere q u i red to carry out this sort of process for their ownemployees, there must be a mechanism whereby the viewsof the various subcontractors can be fed back to theprincipal contractor. This could be done via a safety co-o rdination meeting. If trade union safety re p re s e n t a t i v e srequest a formal safety committee, it may be possible tocombine the safety co-ordination meeting with the safetycommittee meeting.

The SRSCR 1977 and the HSCER 1996 apply as equallyto all office and depot based employees as they do to sitebased employees. A typical office consultation system,based on the direct consultation route rather than elected

representatives route, may include: Cascaded briefings to provide relevant information and

the opportunity for feedback. Publication of relevant health and safety information via

notice boards, newsletters, electronic mail etc. Publicising the name and location of the safety adviser

and the premises manager for each establishment, with aclearly stated open-door policy to encourage feedbackon health and safety issues.

Workers Safety Advisors (WSAs) & AVoluntary Approach

In 2003, the Health and Safety Commission recognisedthe difficulties posed by plans to create new legislation

i n t roducing further duties on employers to consult withemployees, and agreed to work in partnership withemployers and trade unions to encourage the application ofa wide spectrum of voluntary methods, alongside theexisting legal requirements set out above.

These include the active promotion of Workers SafetyAdvisers (WSAs), as an additional means of stimulatingw o r k f o rce involvement. Following a pilot scheme,Government set up a WSA Challenge Fund that allocatesfunds to various projects that promote workforce involvementthrough the use of WSAs. Some trade unions have set upthere own voluntary schemes, such as UCATTs Health andSafety Advisor Network. None of these schemes aremandatory, and are based around partnership agreementsbetween employers, unions, or other organisations.

Key Principles for Achieving EffectiveConsultation

Leadership is key - senior managers must be seen to driveworkforce involvement:

Make time to get on site, and make clear to thew o r k f o rce you are there to check on (and talkabout/listen) safety.

Focus on improvement not failure. Reward good performance - but keep it simple. Ensure no punitive action is taken against any worker

who raises a health and safety issue. Aggressive orconfrontational language aimed at a worker who hasraised a health and safety issue is unacceptable

speak to people in a manner in which you would like tobe spoken to

Actively campaign for workforce responsibility.

Engage everyone in observing where intervention isneeded.

Confront apathy - make it clear that health and safetycome first.

Consider competitions on an H&S theme at site level. Make time for all grades of management to take time out

to go Back to the floor - get hands on with the task ifpossible.

Drive home the business case for health and safety. Linkproductivity to improved H&S - drive out the just get onand do it mentality.

See things from the perspective of your workforce:

Remove any longstanding gripes from the site. Poor

w e l f a re, tatty PPE, and cold & damp mess huts allunde rmine attempts to get real participation from theworkforce.

Get workers involved in the risk assessment proc e s s ,have them review risk assessments and methodstatements.

Break down consultation to a level that has an impact -t ry task reviews between first line supervision andworkers.

Dont get bogged down with paper . Active involvementis more effective than a generic assessment in a folder.

Tell all workers that you expect their full involvementduring induction training - and then make sure you get it.

Consultation is about two-way communication - learn tolisten.

Work locally - dont be over ambitious. Failure to deliver on identified improvements is a barrier

to maintaining work force confidence. Make any changes as soon as possible - the workforce

will be expecting you not to act! Meet the workforce on safe terr i t o ry, such as the

canteen - adopt a relaxed and informal format forfeedback.

Consider breakfast meetings onsite with subcontractors. Consider how and when you consult will impact work

schedules. For instance consider consulting on theworkability of method statements during the first hour ofthe shift

Supervision is a real problem for small contractors - small

contractors should be encouraged to use active workersto supervise and challenge each other. Involve your workforce in the purchase of plant,

equipment, and PPE - they will know better than mostwhat works best.

Ensure toolbox talks are two-way and specific. W h e re there is a specific problem, run a series of

workshops with max participation and act on output. Communicate all actions taken - the workforce must see

that their involvement has benefits.

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The Safety Representatives and SafetyCommittees Regulations 1977

SI 1977 No.500

0A December 1992(continued on page 0A -6)

Citation and commencement

1 These Regulations may be cited as the SafetyRepresentatives and Safety Committees Regulations 1977and shall come into operation on 1st October, 1978.

1 The Safety Representatives and Safety CommitteesRegulations 1977 concern safety representatives appointed

in accordance with Section 2(4) of the Act and cover:(a) prescribed cases in which recognised trade unions mayappoint safety representatives from amongst theemployees;

(b) prescribed functions of safety representatives.Section 2(6) of the Act requires employers to consult withsafety representatives with a view to the making andmaintenance of arrangements which will enable him and hisemployees to co-operate effectively in promoting anddeveloping measures to ensure the health and safety at workof the employees, and in checking the effectiveness of suchmeasures. Under section 2(4) safety representatives arerequired to represent the employees in those consultations.2 This Code of Practice has been approved by the Healthand Safety Commission with the consent of the Secretary of

State for Employment. It relates to the requirements placedon safety representatives by section 2(4) of the Act and onemployers by the Regulations and takes effect on the datethe Regulations come into operation.3 The employer, the recognised trade unions concerned andsafety representatives should make full and proper use of theexisting agreed industrial relations machinery to reach thedegree of agreement necessary to achieve the purpose ofthe Regulations and in order to resolve any differences.

Interpretation

2 (1) In these Regulations, unless the context otherwise

requires:the 1974 Act means the Health and Safety at Worketc. Act 1974;the 1975 Act means the Employment Protection Act1975;employee has the meaning assigned by section 53(1)of the 1974 Act and employer shall be construedaccordingly;recognised trade union means an independent tradeunion as defined in section 30(1) of the Trade Union andLabour Relations Act 1974* which the employer concernedrecognises for the purpose of negotiations relating to or con-nected with one or more of the matters specified in section29(1) of that Act in relation to persons employed by him oras to which the Advisory, Conciliation and Arbitration

Service has made a recommendation for recognition underthe Employment Protection Act 1975* which is operativewithin the meaning of section 15 of that Act;safety representative means a person appointed underRegulation 3(1) of these Regulations to be a safetyrepresentative;welfare at work means those aspects of welfare at workwhich are the subject of health and safety regulations orof any of the existing statutory provisions within themeaning of section 53(1) of the 1974 Act;workplace in relation to a safety representative meansany place or places where the group or groups ofemployees he is appointed to represent are likely to workor which they are likely to frequent in the course of theiremployment or incidentally to it.

(2) The Interpretation Act 1889* shall apply to theinterpretation of these Regulations as it applies to theinterpretation of an Act of Parliament.

(3) These Regulations shall not be construed as giving any

Interpretation

4(a) In this Code, the 1974 Act means the Health and

Safety at Work etc. Act 1974 and the Regulationsmeans the Safety Representatives and SafetyCommittees Regulations 1977;

(b) words and expressions which are defined in the Actor in the Regulations have the same meaning in thisCode unless the context requires otherwise.

REGULATIONS APPROVED CODE OF PRACTICE
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(continued on page 0A - 7) 0A 5June 2000

CIJC NWR 24 CECCB Rule 18A

Under the Health and Safety at Work Act 1974,provision is made for recognised trade unions to appointsafety representatives to represent operatives. Provision isalso made for the establishment of safety committees where

a formal request, in writing, is made to an employer by atleast two safety representatives who have been appointed inaccordance with the Act. The Notes for Guidance appendedare, therefore, jointly agreed in accordance with paragraph3 of the Code of Practice issued by the Health and SafetyCommission in order to achieve the purpose of theregulations and in order to resolve any differences.

The effect of the Rule itself, which is very short, istwo-fold:1 The requirements of the Act and Regulations are

recognised and embodied in both National Working

Rule Agreements.2 The Notes for Guidance appended to the Rule form an

agreed basis for the application of the statutoryrequirements in both the building and civil engineeringindustries.

CIJC/CECCB NOTES FOR GUIDANCE

1 Legislation

References in these Notes are to Regulations made underthe Health and Safety at Work Act 1974.

The statutory Regulations, together with the Commissions

Code of Practice and Guidance Notes on their application,are published by HMSO in a booklet entitled SafetyRepresentatives and Safety Committees. As the newWorking Rules and Notes for Guidance are linked to theRegulations, Code and official guidance, it is essential for allemployers to have a copy of the above booklet.

NATIONAL WORKING RULE AGREEMENTPROVISIONS ADVICE
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0A December 1999(continued on page 0A - 8)


person a right to inspect any place, article, substance ordocument which is the subject of restrictions on the groundsof national security unless he satisfies any test or requirementimposed on those grounds by or on behalf of the Crown.

1974c.52. 1975c.71. *1889c63.

Appointment of safety representatives

3 (1) For the purposes of section 2(4) of the 1974 Act, arecognised trade union may appoint safety representativesfrom amongst the employees in all cases where one or moreemployees are employed by an employer by whom it isrecognised.

(2) Where the employer has been notified in writing byor on behalf of a trade union of the names of the personsappointed as safety representatives under this Regulationand the group or groups of employees they represent, eachsuch safety representative shall have the functions set out inRegulation 4 below.

(3) A person shall cease to be a safety representative forthe purposes of these Regulations when:

(a) the trade union which appointed him notifies theemployer in writing that his appointment has beenterminated; or(b) he ceases to be employed at the workplace but if hewas appointed to represent employees at more than oneworkplace he shall not cease by virtue of thissubparagraph to be a safety representative so long as hecontinues to be employed at any one of them; or(c) he resigns.(4) A person appointed under paragraph (1) above as a

safety representative shall so far as is reasonably practicableeither have been employed by his employer throughout thepreceding two years or have had at least two yearsexperience in similar employment.

*1954 c7O.

Functions of safety representatives

4 (1) In addition to his function under section 2(4) of the1974 Act to represent the employees in consultation withthe employer under section 2(6) of the 1974 Act (whichrequires every employer to consult safety representativeswith a view to the making and maintenance ofarrangements which will enable him and his employees toco-operate effectively in promoting and developingmeasures to ensure the health and safety at work of theemployees and in checking the effectiveness of suchmeasures), each safety representative shall have thefollowing functions:

(a) to investigate potential hazards and dangerousoccurrences at the workplace (whether or not they aredrawn to his attention by the employees he represents)

and to examine the causes of accidents at the workplace;(b) to investigate complaints by any employee herepresents relating to that employees health, safety orwelfare at work;

Functions of safety representatives

5 In order to fulfil their functions under section 2(4) of the Actsafety representatives should:(a) take all reasonably practicable steps to keep themselves

informed of:(i) the legal requirements relating to the health andsafety of persons at work, particularly the group orgroups of persons they directly represent,(ii) the particular hazards of the workplace and themeasures deemed necessary to eliminate or minimisethe risk deriving from these hazards, and(iii) the health and safety policy of their employer andthe organisation and arrangements for fulfilling thatpolicy;

(b) encourage co-operation between their employer and

his employees in promoting and developing essentialmeasures to ensure the health and safety of employeesand in checking the effectiveness of these measures;

(c) bring to the employers notice normally in writing any
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0A June 2000 (continued on page 0A - 9)

CIJC/CECCB NOTES FOR GUIDANCE ADVICE

2 Safety Representatives Appointment

2.1 When a union proposes to appoint a safetyrepresentative at a place of work, the full-time officialof the union concerned will normally discuss with theemployer the number of safety representatives thatmay be appropriate for that workplace, and definethe group or groups of operatives who are to be sorepresented.

2.2 A safety representative appointed by the union shallbe issued with appropriate credentials and the unionshall notify the employer, in writing as early as

possible, of the appointment made, indicating thegroups of operatives to be represented. So far asreasonably practicable, the safety representative soappointed shall be in the employment of the maincontractor.

2.3 When proposing to appoint an operative as a safetyrepresentative, the trade union should take intoaccount the requirements of the regulations relating tothe experience and length of service of a person soappointed. The experience and length of serviceappropriate for appointment of safety representativesin the construction industry will vary according to thecircumstances prevailing at the place of workconcerned. The union shall normally discuss with the

employer what is appropriate in individual cases.Twelve months experience in the industry shouldnormally be a minimum.

A union in this paragraph means, in building, a unionwhich is party to the CIJC, e.g. UCATT, TGWU, GMWU orFTAT; or in civil engineering, a union which is party to theCECCB, e.g. TGWU, UCATT or GMWU. The number ofsafety representatives appropriate in any givencircumstances is a matter to be determined locally and willdepend on such factors as the extent of the workplace, thegroups of operatives to be covered, the number of unionsinvolved and any special features, such as the operation ofshift systems. Discussions should always be with a full-timeofficial of the union concerned. Where more than oneCIJC/CECCB union is involved, the employer should aim atcombined discussions and agreement among the unions on

the appointment of one safety representative at theworkplace.

The statutory right to function as a safety representativetakes effect only when the unions full-time official hasnotified the employer in writing of the safety representativesappointment. A written notification of appointment is notcomplete unless it indicates the group or groups ofoperatives whom the person appointed is to represent. Itmay often be convenient if, where a safety representative isappointed by one union, the other unions accept that heshould act for all operatives at the workplace. Care shouldbe taken that only properly authorised safety representativescarry out the functions set out in the Regulations.

The Regulations say that anyone appointed as a safetyrepresentative shall, so far as is reasonably practicable,

either have been in the employers service for the precedingtwo years or had at least two years experience in similaremployment. This principle should be observed whereverpossible and especially in shops, depots and other staticestablishments. The Health and Safety Commissionsguidance notes, however, accept that two years may not bea reasonably practicable requirement where the workplaceis newly established, where work is of short duration orwhere there is high labour turnover. Because such conditionstend to occur in the construction industry, Note 2.3 refers to12 months experience in the industry as a minimum.

3 Safety Representatives Functions

The functions of a safety representative are set out underRegulation 4(1) of the regulations. A summary of thesefunctions is:3.1 To investigate potential hazards and dangerous

occurrences at the workplace and to examine thecauses of accidents at the workplace;

3.2 To investigate complaints by any operative herepresents relating to that operatives health, safety orwelfare at work.

Appointed safety representatives have functions ratherthan duties. In fulfilling the statutory functions set out inNote 3, a safety representative takes on no legalresponsibilities. A legal duty does exist, however, for anemployer to consult with a properly-appointed safetyrepresentative on matters relating to these functions. Note3.7 also draws attention to the need for a co-operativeapproach to safety.
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(c) to make representations to the employer on mattersarising out of sub-paragraphs (a) and (b) above;(d) to make representations to the employer on generalmatters affecting the health, safety or welfare at work ofthe employees at the workplace;(e) to carry out inspections in accordance withRegulations 5, 6and 7 below;

(f) to represent the employees he was appointed torepresent in consultations at the workplace withinspectors of the Health and Safety Executive and of anyother enforcing authority;(g) to receive information from inspectors in accordancewith section 28(8) of the 1974 Act; and(h) to attend meetings of safety committees where heattends in his capacity as a safety representative inconnection with any of the above functions;

but, without prejudice to sections 7 and 8 of the 1974Act,no function given to a safety representative by thisparagraph shall be construed as imposing any duty on him.

(2) An employer shall permit a safety representative totake such time off with pay during the employees workinghours as shall be necessary for the purposes of:

(a) performing his functions under section 2(4) of the1974 Act and paragraph (1) (a) to (h) above;(b) undergoing such training in aspects of those functionsas may be reasonable in all the circumstances havingregard to any relevant provisions of a code of practicerelating to time off for training approved for the timebeing by the Health and Safety Commission undersection 16 of the 1974 Act.

In this paragraph with pay means with pay in accordancewith the Schedule to these Regulations.

unsafe or unhealthy conditions or working practices orunsatisfactory arrangements for welfare at work whichcome to their attention whether on an inspection or day today observation. The report does not imply that all otherconditions and working practices are safe and healthy orthat the welfare arrangements are satisfactory in all otherrespects.

Making a written report does not preclude the bringing ofsuch matters to the attention of the employer or hisrepresentative by a direct oral approach in the first instance,particularly in situations where speedy remedial action isnecessary. It will also be appropriate for minor matters to bethe subject of direct oral discussion without the need for aformal written approach.

Time off for the training of safetyrepresentatives (Code of Practice approved

under Regulation 4(2) (b)

Preface

This document sets out a Code of Practice, which hasbeen approved by the Health and Safety Commission,relating to the time off with pay which a safety representativeis to be permitted to take during his working hours for thepurpose of undergoing training approved by the TUC or byindependent unions. It should be read in conjunction with theSafety Representatives and Safety Committees Regulations1977, with particular reference to Regulation 4, which setsout the functions of a safety representative and the time offfor training necessary to perform these functions.

The Advisory, Conciliation and Arbitration Service hasalso prepared a Code of Time Off for trade union duties andactivities generally under Section 57 of the EmploymentProtection Act. However, this Code, approved by the Healthand Safety Commission, is concerned with time off fortraining of safety representatives appointed under theRegulations.

Issues which may arise are covered by paragraph 3 ofthe Code of Practice on Safety Representatives approved bythe Health and Safety Commission. The schedule to theRegulations deals with the computation of pay for the timeoff allowed. Regulation 11 contains provisions as toreference of complaints to industrial tribunals about time offand the payment to be made.

To complement training approved by the TUC or by

independent unions for safety representatives, an employershould make such arrangements as are necessary to providetraining in the technical hazards of the workplace andrelevant precautions on safe methods of work, and on hisorganisation and arrangements for health and safety.

Code of practice1 The function of safety representatives appointed byrecognised trade unions as set out in Section 2(4) of theHealth and Safety at Work etc. Act 1974, to representemployees in consultations with employers about health andsafety matters. Regulation 4(1) of the Safety Representativesand Safety Committees Regulations (SI 1977 No. 500)prescribes other functions of safety representatives

appointed under those Regulations.2 Under Regulation 4(2)(b) of those Regulations theemployer has a duty to permit those safety representativessuch time off with pay during the employees working hoursas shall be necessary for the purpose of undergoing
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3.3 To make representations, which should normally beconfirmed in writing, to the employer on:i matters arising out of sub-paragraphs 3.1 and 3.2

above;ii general matters affecting the health, safety or

welfare at work of the operatives at the workplace;3.4 To carry out inspections in accordance with

paragraph 4 below;3.5 To represent operatives at the workplace withinspectors of the Health and Safety Executive and ofany other enforcing authority.

3.6 To receive information from inspectors in accordancewith Section 28(8) of the Health and Safety at WorkAct 1974;

3.7 To encourage co-operation between the operatives herepresents and the employer on safe practices;

3.8 To attend meetings of safety committees, where heattends in his capacity as a safety representative inconnection with any of the above functions.

7 Safety Representatives Training and Time Off

The Construction Industry Joint Committee and the CivilEngineering Construction Conciliation Board have approveda form of basic training, taking into account the functions ofsafety representatives placed on them by the regulations andthe understanding between the CBI and TUC.7.1 If, at the time of appointment, the safety representative

has not already satisfactorily completed the training soapproved, the employer will allow the safety repre-sentative paid time off to complete this training. Theamount of paid time off shall be what is considered tobe reasonable for the purpose, in accordance witharrangements to be agreed with the employer, havingregard to the form of training approved by theNational Joint Council for the Building Industry

andCivil Engineering Construction Conciliation Boardto the Code of Practice of the Health and SafetyCommission.

7.2 The employer shall notify to the safety representativethe management representative who is authorised toact for the employer under the Regulations to whomhe has access and shall, in consultation with theunions, arrange the procedure for such paid time offfor the safety representative as may be necessary tocarry out any functions set out under paragraph 3 ofthese Notes for Guidance.

A safety representative is entitled to have paid time off forthe purpose of:i performing his functions as a safety representative, andii reasonable training to enable him to perform thosefunctions.Arrangements for obtaining time off for performing safetyrepresentatives functions and for training (whereapplicable) should be agreed when the appointment of arepresentative is made. These arrangements should becontrolled by a management representative authorised to acton behalf of the employer for the purposes of consultationwith the safety representative (see 7.2).

It is most important to appoint a member of management todeal with the safety representative and that the safetyrepresentative is told who he is. The member of managementconcerned must be given adequate training in safety and inthe details of the statutory requirements.
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such training in aspects of those functions as may bereasonable in all the circumstances.3 As soon as possible after their appointment safetyrepresentatives should be permitted time off with pay toattend basic training facilities approved by the TUC or bythe independent union or unions which appointed the safetyrepresentatives. Further training, similarly approved, should

be undertaken where the safety representative has specialresponsibilities or where such training is necessary to meetchanges in circumstances or relevant legislation.4 With regard to the length of training required, this cannotbe rigidly prescribed, but basic training should take intoaccount the functions of safety representatives placed onthem by the Regulations. In particular, basic training shouldprovide an understanding of the role of safetyrepresentatives, of safety committees, and of trade unionpolicies and practices in relation to:

(a) the legal requirements relating to the health and safetyof persons at work, particularly the group or class ofpersons they directly represent;(b) the nature and extent of workplace hazards, and themeasures necessary to eliminate or minimise them;

(c) the health and safety policy of employers, andorganisation and arrangements for fulfilling thosepolicies.Additionally, safety representatives will need to acquire

new skills in order to carry out their functions, includingsafety inspections, and in using basic sources of legal andofficial information and information provided by or throughthe employer on health and safety matters.5 Trade unions are responsible for appointing safetyrepresentatives and when the trade union wishes a safetyrepresentative to receive training relevant to his functions itshould inform management of the course it has approvedand supply a copy of the syllabus, indicating its contents, ifthe employer asks for it. It should normally give at least a fewweeks notice of the safety representatives it has nominated

for attendance. The number of safety representativesattending training courses at any one time should be thatwhich is reasonable in the circumstances, bearing in mindsuch factors as the availability of relevant courses and theoperational requirements of the employer. Unions andmanagement should endeavour to reach agreement on theappropriate numbers and arrangements and refer anyproblems which may arise to the relevant agreedprocedures.

THE SCHEDULE Regulation 4(2)

Pay for time off allowed tosafety representatives

1 Subject to paragraph 3 below, where a safetyrepresentative is permitted to take time off in accordancewith Regulation 4(2) of these Regulations, his employer shallpay him:

(a) where the safety representatives remuneration for thework he would ordinarily have been doing during thattime does not vary with the amount of work done, as if hehad worked at that work for the whole of that time;(b) where the safety representatives remuneration for thatwork varies with the amount of work done, an amountcalculated by reference to the average hourly earningsfor that work (ascertained in accordance with paragraph2 below).
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0A June 1998(continued on page 0A - 14)


2 The average hourly earnings referred to in paragraph 1(b)above are the average hourly earnings of the safetyrepresentative concerned or; if no fair estimate can be madeof those earnings, the average hourly earnings for work ofthat description of persons in comparable employment withthe same employer or; if there are no such persons, a figureof average hourly earnings which is reasonable in the

circumstances.3 Any payment to a safety representative by any employerin respect of a period of time off:

(a) if it is a payment which discharges any liability whichthe employer may have under section 57 of theEmployment Protection Act 1975* in respect of thatperiod, shall also discharge his liability in respect of thesame period under Regulation 4(2) of these Regulations;(b) if it is a payment under any contractual obligation,shall go towards discharging the employers liability inrespect of the same period under Regulation 4(2) of theseRegulations;(c) if it is a payment under Regulation 4(2) of theseRegulations shall go towards discharging any liability ofthe employer to pay contractual remuneration in respect

of the same period.

*1975 c.71.

Employers duty to consult and providefacilities and assistance

4A (1) Without prejudice to the generality of section 2(6) ofthe Health and Safety at Work etc. Act 1974, everyemployer shall consult safety representatives in good timewith regard to

(a) the introduction of any measure at the workplacewhich may substantially affect the health and safety of theemployees the safety representatives concernedrepresent;(b) his arrangements for appointing or, as the case maybe, nominating persons in accordance with regulations6(1) and 7(l)(b) of the Management of Health and Safety

at Work Regulations 1992 or Regulation 4(2)(b) of theFire Precautions (Workplace) Regulations 1997;(c) any health and safety information he is required toprovide to the employees the safety representativesconcerned represent by or under the relevant statutoryprovisions;(d) the planning and organisation of any health andsafety training he is required to provide to the employeesthe safety representatives concerned represent by orunder the relevant statutory provisions; and(e) the health and safety consequences for the employeesthe safety representatives concerned represent of theintroduction (including the planning thereof) of newtechnologies into the workplace.(2) Without prejudice to regulations 5 and 6 of these

Regulations, every employer shall provide such facilities andassistance as safety representatives may reasonably requirefor the purpose of carrying out their functions under section2(4) of the 1974 Act and under these Regulations.
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Employers duty to consultEmployers must consult safety representatives on thefollowing matters required by the Management of Healthand Safety at Work Regulations 1992 (see Section OB):

(a) arrangements for appropriate measures for the healthand safety of employees,

(b) the appointment of competent persons to providehealth and safety advice and to implement emergency

procedures,

(c) the provision of information on risks to health andsafety and on necessary preventative measures,

(d) (e) the provision of adequate health and safetyinformation and training before starting work and whenexposed to new risks.
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Inspections of the workplace5 (1) Safety representatives shall be entitled to inspect theworkplace or a part of it if they have given the employer orhis representative reasonable notice in writing of theirintention to do so and have not inspected it, or that part of it,as the case may be, in the previous three months; and maycarry out more frequent inspections by agreement with the

employer.(2) Where there has been a substantial change in theconditions of work (whether because of the introduction ofnew machinery or otherwise) or new information has beenpublished by the Health and Safety Commission or theHealth and Safety Executive relevant to the hazards of theworkplace since the last inspection under this regulation thesafety representatives after consultation with the employershall be entitled to carry out a further inspection of the part ofthe workplace concerned notwithstanding that three monthshave not elapsed since the last inspection.

(3) The employer shall provide such facilities andassistance as the safety representatives may reasonablyrequire (including facilities for independent investigation bythem and private discussion with the employees) for the

purpose of carrying out an inspection under this Regulation,but nothing in this paragraph shall preclude the employer orhis representative from being present in the workplaceduring the inspection.

(4) An inspection carried out under section 123 of theMines and Quarries Act 1954* shall count as an inspectionunder this Regulation.

Inspections following notifiable accidents,dangerous occurrences and diseases6 (1) Where there has been a notifiable accident ordangerous occurrence in a workplace or a notifiabledisease has been contracted there and:

(a) it is safe for an inspection to be carried out, and(b) the interests of employees in the group or groupswhich safety representatives are appointed to representmight be involved

those safety representatives may carry out an inspection ofthe part of the workplace concerned and so far as isnecessary for the purpose of determining the cause they mayinspect any other part of the workplace; where it isreasonably practicable to do so they shall notify theemployer or his representative of their intention to carry outthe inspection.

(2) The employer shall provide such facilities andassistance as the safety representatives may reasonablyrequire (including facilities for independent investigation bythem and private discussion with the employees) for thepurpose of carrying out an inspection under this Regulation;but nothing in this paragraph shall preclude the employer orhis representative from being present in the workplaceduring the inspection.

(3) In this Regulation notifiable accident or dangerousoccurrence and notifiable disease mean any accident,dangerous occurrence or disease, as the case may be,notice of which is required to be given by virtue of any of therelevant statutory provisions within the meaning of section53(1) of the 1974 Act.

*1954 c7O

Inspection of documents and provision ofinformation

7 (1) Safety representatives shall for the performance of theirfunctions under section 2(4) of the 1974 Act and under theseRegulations, if they have given the employer reasonablenotice, be entitled to inspect and take copies of
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4 Workplace InspectionsRegulation 5 makes provision for safety representatives toinspect the workplace or a part of it to which hisappointment refers, if prior notice, in writing, has been givento the employer of the intention to do so. Such inspectionswill take place in accordance with a programme to beagreed with the employer and at intervals of not less than

three months or more frequently if there have beensubstantial changes in the conditions of work or newinformation has been published by the Health and SafetyCommission which is relevant to hazards of the workplacesince the date of the last inspection. Facilities will beprovided by the employer in accordance with theregulations and there are advantages in formal inspectionsbeing carried out jointly.

The agreement on the programme of workplaceinspections should cover:i the normal minimum interval between inspections (not

less than three months);ii the required notice that will be given (in writing) to

management of an intended inspection;

iii procedure for arranging special inspections (i.e. beforethe normal interval has elapsed, on the grounds that newcircumstances have arisen since the last inspection); and

iv submission of a written report on the inspection from thesafety representative to a person designated bymanagement.It is strongly recommended that the appropriate

management representative should be present duringworkplace inspections by the safety representative.

5 Inspection of Documents

Regulation 7 requires employers to make available to safetyrepresentatives any information within their knowledgewhich is necessary to enable them properly to fulfil theirfunctions and to inspect relevant documents except medicalrecords of individuals. Entitlement to such information

The regulations provide that an employer is not obligedto allow inspection of any document where disclosure ofthe information in it would be against the interests ofnational security or would cause substantial injury to theemployers undertaking. Nor is the employer required to
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any document relevant to the workplace or to the employeesthe safety representatives represent which the employer isrequired to keep by virtue of any relevant statutory provisionwithin the meaning of section 53(1) of the 1974 Act excepta document consisting of or relating to any health record ofan identifiable individual.

(2) An employer shall make available to safety

representatives the information within the employersknowledge, necessary to enable them to fulfil their functionsexcept:

(a) any information the disclosure of which would beagainst the interests of national security, or(b) any information which he could not disclose withoutcontravening a prohibition imposed by or under anenactment, or(c) any information relating specifically to an individual,unless he has consented to its being disclosed, or(d) any information the disclosure of which would, forreasons other than its effect on health, safety or welfare atwork, cause substantial injury to the employersundertaking or, where the information was supplied tohim by some other person, to the undertaking of that

other person, or(e) any information obtained by the employer for thepurpose of bringing, prosecuting or defending any legalproceedings.(3) Paragraph (2) above does not require an employer to

produce or allow inspection of any document or part of adocument which is not related to health, safety or welfare.

Cases where safety representatives neednot be employees

8 (1) In the cases mentioned in paragraph (2) below safetyrepresentatives appointed under Regulation 3(1) of theseRegulations need not be employees of the employerconcerned; and section 2(4) of the 1974 Act shall bemodified accordingly.

(2) The said cases are those in which the employees inthe group or groups the safety representatives are appointedto represent are members of the British Actors EquityAssociation or of the Musicians Union.

(3) Regulations 3(3)(b) and (4) and 4(2) of theseRegulations shall not apply to safety representativesappointed by virtue of this Regulation and in the case ofsafety representatives to be so appointed Regulation 3(1)shall have effect as if the words from amongst theemployees were omitted.

Safety committees

9 (1) For the purposes of section 2(7) of the 1974 Act (whichrequires an employer in prescribed cases to establish asafety committee if requested to do so by safetyrepresentatives), the prescribed cases shall be any cases inwhich at least two safety representatives request theemployer in writing to establish a safety committee.

Information to be provided by employers

6 The Regulations require employers to make informationwithin their knowledge available to safety representativesnecessary to enable them to fulfil their functions. Suchinformation should include:(a) information about the plans and performance of their

undertaking and any changes proposed insofar as theyaffect the health and safety at work of their employees;

(b) information of a technical nature about hazards tohealth and safety and precautions deemed necessary toeliminate or minimise them, in respect of machinery,plant, equipment, processes, systems of work andsubstances in use at work, including any relevantinformation provided by consultants or designers or bythe manufacturer, importer or supplier of any article orsubstance used, or proposed to be used, at work by

their employees;(c) information which the employer keeps relating to the

occurrence of any accident, dangerous occurrence ornotifiable industrial disease and any statistical recordsrelating to such accidents, dangerous occurrences orcases of notifiable industrial disease;

(d) any other information specifically related to mattersaffecting the health and safety at work of hisemployees, including the results of any measurementstaken by the employer or persons acting on his behalfin the course of checking the effectiveness of his healthand safety arrangements;

(e) information on articles or substances which anemployer issues to homeworkers.


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0A -June 2000 (continued on page 0A - 19)

is subject to the exceptions set out in the regulations. Shouldany dispute or difference arise concerning the provision ofinformation under this rule, the matter is to be referred tojoint machinery of the industry for settling disputes.

disclose information which he is prohibited by law fromdisclosing, or information which has been obtained for thepurposes of any legal proceedings. In particular, therequirement to allow inspections of documents does notextend to any document which is not related to health, safetyor welfare. Attention is drawn to the particular reference tothe use of the joint machinery of the industry in the event of

any dispute arising over inspection of documents.

6 Safety Committees

Where an employer is requested, in writing, to establish asafety committee by at least two safety representatives, heshall consult the union(s) party to the CIJC/CECCB who havemembers at the workplace with a view to deciding whatarrangements are appropriate, having regard to the nature ofthe workplace and the consultative arrangements which

It is recognised that the structure and constitution of safetycommittees will vary according to local conditions.

Therefore, where a request to establish a committee is madein accordance with Note 6, the form that the committee willtake must be subject to consultation in the context of theparticular workplace concerned. Consultation is to

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(2) Where an employer is requested to establish a safetycommittee in a case prescribed in paragraph (1) above, heshall establish it in accordance with the following provisions:

(a) he shall consult with the safety representatives whomade the request and with the representatives ofrecognised trade unions whose members work in anyworkplace in respect of which he proposes that the

committee should function;(b) the employer shall post a notice stating thecomposition of the committee and the workplace orworkplaces to be covered by it in a place where it maybe easily read by the employees;(c) the committee shall be established not later than threemonths after the request for it.

Power of Health and Safety Commission togrant exemptions10 The Health and Safety Commission may grantexemptions from any requirement imposed by theseRegulations and any such exemption may be unconditional

or subject to such conditions as the Commission may imposeand may be with or without a limit of time.

Provisions as to industrial tribunals11 (1) A safety representative may, in accordance with thejurisdiction conferred on industrial tribunals by paragraph16(2) of Schedule 1 to the Trade Union and Labour RelationsAct 1974*, present a complaint to an industrial tribunal that:

(a) the employer has failed to permit him to take time offin accordance with Regulation 4(2) of these Regulations;or(b) the employer has failed to pay him in accordancewith Regulation 4(2) of and the Schedule to theseRegulations.(2) An industrial tribunal shall not consider a complaint

under paragraph (1) above unless it is presented withinthree months of the date when the failure occurred or withinsuch further period as the tribunal considers reasonable in acase where it is satisfied that it was not reasonablypracticable for the complaint to be presented within theperiod of three months.

(3) Where an industrial tribunal finds a complaint underparagraph (1) (a) above well-founded the tribunal shallmake a declaration to that effect and may make an award ofcompensation to be paid by the employer to the employeewhich shall be of such amount as the tribunal considers justand equitable in all the circumstances having regard to theemployers default in failing to permit time off to be taken bythe employee and to any loss sustained by the employeewhich is attributable to the matters complained of.

(4) Where on a complaint under paragraph (1) (b) abovean industrial tribunal finds that the employer has failed topay the employee the whole or part of the amount requiredto be paid under paragraph (1) (b), the tribunal shall orderthe employer to pay the employee the amount which it findsdue to him.

(5) Paragraph 16 of Schedule 1 to the Trade Union andLabour Relations Act 1974 (jurisdiction of industrialtribunals) shall be modified by adding the following sub-paragraph:(2) An industrial tribunal shall have jurisdiction to determinecomplaints relating to time off with pay for safety

representatives appointed under regulations made under theHealth and Safety at Work etc. Act 1974.

*1974 c.52


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already exist. Consultation should cover, as appropriate, themembership of the committee (taking account ofsubcontractors); the functions, procedure, and meetingprogramme of the committee; its interrelation with the safetyrepresentatives; the date of establishment; and the postingby the employer of a notice stating the composition of thecommittee and workplace(s) to be covered by it.

involve all the CIJC/CECCB unions who have members atthe workplace, not just the safety representatives who initiatethe request.

8 Any difference which arises out of the interpretation ofthese Notes for Guidance shall be dealt with in accordancewith the agreed procedure for settlement of disputes.

As the statutory requirements relating to safetyrepresentatives and safety committees have been embodiedin the CIJC and CECCB Working Rule Agreements, it is the

joint machinery of the industry which should be invoked ifany difference or dispute arises on the matters covered byCIJC NWR 7A or CECCB WR 18A and the associatedNotes for Guidance. It should however, be noted thatdisputes over time off and payment for it may be referred toan industrial tribunal.
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REFERENCES

LegislationSafety Representatives and Safety Committees Regulations

1977Employment Protection (Consolidation) Act 1978Management of Health and Safety at Work Regulations

1992Trade Union Reform and Employment Rights Act 1993Fire Precautions (Workplace) Regulations 1997

Approved code of practiceSafety representatives and safety committees

(booklet containing Regulations, Approved code ofpractice and Guidance notes published by TheStationery Office (ISBN 0 11 8803352)

GuidanceLeaflets (available from HSE):

HSC 8 Safety committees; guidance to employerswhose employees are not members of recognisedindependent trade unions

IND(G)119(L) Safety representatives and safety

committees on offshore installations: abrief guide for the workforce

All of the above reference material is available from:CIP Ltd.,60 New Coventry Road, Sheldon,Birmingham, B26 3AYTel: 0121 722 8200Fax: 0121 722 [email protected]
mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations%201997mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations%201997mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978mailto:[email protected]?subject=Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201992mailto:[email protected]?subject=Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201992mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations%201997mailto:[email protected]?subject=Fire%20Precautions%20(Workplace)%20Regulations%201997mailto:[email protected]?subject=Safety%20representatives%20and%20safety%20committees%20(booklet%20containing%20Regulations,%20Approved%20code%20of%20practice%20and%20Guidance%20notes%20published%20by%20The%20Stationery%20Office%20(ISBN%200%2011%208803352)mailto:[email protected]?subject=Safety%20representatives%20and%20safety%20committees%20(booklet%20containing%20Regulations,%20Approved%20code%20of%20practice%20and%20Guidance%20notes%20published%20by%20The%20Stationery%20Office%20(ISBN%200%2011%208803352)mailto:[email protected]?subject=Safety%20representatives%20and%20safety%20committees%20(booklet%20containing%20Regulations,%20Approved%20code%20of%20practice%20and%20Guidance%20notes%20published%20by%20The%20Stationery%20Office%20(ISBN%200%2011%208803352)mailto:[email protected]?subject=Safety%20representatives%20and%20safety%20committees%20(booklet%20containing%20Regulations,%20Approved%20code%20of%20practice%20and%20Guidance%20notes%20published%20by%20The%20Stationery%20Office%20(ISBN%200%2011%208803352)mailto:[email protected]?subject=HSC%208%20Safety%20committees;%20guidance%20to%20employers%20whose%20employees%20are%20not%20members%20of%20recognised%20independent%20trade%20unionsmailto:[email protected]?subject=HSC%208%20Safety%20committees;%20guidance%20to%20employers%20whose%20employees%20are%20not%20members%20of%20recognised%20independent%20trade%20unionsmailto:[email protected]?subject=HSC%208%20Safety%20committees;%20guidance%20to%20employers%20whose%20employees%20are%20not%20members%20of%20recognised%20independent%20trade%20unionsmailto:[email protected]?subject=IND(G)119(L)%20Safety%20representatives%20and%20safety%20committees%20on%20offshore%20installations:%20a%20brief%20guide%20for%20the%20workforcemailto:[email protected]?subject=IND(G)119(L)%20Safety%20representatives%20and%20safety%20committees%20on%20offshore%20installations:%20a%20brief%20guide%20for%20the%20workforcemailto:[email protected]?subject=IND(G)119(L)%20Safety%20representatives%20and%20safety%20committees%20on%20offshore%20installations:%20a%20brief%20guide%20for%20the%20workforcemailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]?subject=IND(G)119(L)%20Safety%20representatives%20and%20safety%20committees%20on%20offshore%20installations:%20a%20brief%20guide%20for%20the%20workforcemailto:[email protected]?subject=HSC%208%20Safety%20committees;%20guidance%20to%20employers%20whose%20employees%20are%20not%20members%20of%20recognised%20independent%20trade%20unionsmailto:[email protected]?subject=Safety%20representatives%20and%20safety%20committees%20(booklet%20containing%20Regulations,%20Approved%20code%20of%20practice%20and%20Guidance%20notes%20published%20by%20The%20Stationery%20Office%20(ISBN%200%2011%208803352)mailto:[email protected]?subject=Fire%20Precautions%20(Workplace)%20Regulations%201997mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations%201997mailto:[email protected]?subject=Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201992mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations%201997

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