Construction Health and Safety

CONSULTATION ON HEALTH AND SAFETY

Section 0A
December 1997

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ACKNOWLEDGEMENTS
Special acknowledgement is made to the following for their assistance in the preparation of this Section: AMEC plc Balfour Beatty Ltd Sydney E. Bell Esq. Chartered Architect Callsafe Services Ltd. Construction Health and Safety Group Construction Industry Training Board Health and Safety Executive Historic Royal Palaces Agency John Laing Construction Ltd. Norwest Holst Construction Ltd. Tarmac Construction Ltd. Taylor Woodrow plc.

NOTE
Whilst every care has been taken to ensure accuracy within this work, no liability whatsoever is accepted by Construction Health and Safety, its sponsoring organisations or their advisers in respect of the information given. No material from this book may be reproduced in any shape or form without written permission from the publishers.

Printed by Arkle Print, 17 Gatelodge Close, Round Spinney Industrial Estate, Northampton NN3 8RJ Published by the Construction Confederation, Construction House, 56-64 Leonard Street, London EC2A 4JX.

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June 2000

CONSULTATION ON HEALTH AND SAFETY

By law, employers must consult all of their employees on health and safety matters. Some workers who are self employed, for example for tax purposes, may be classed as employed under health and safety legislation. Consulting employees on health and safety matters can be very important in creating and maintaining a safe and healthy working environment. By consulting employees, an employer should motivate staff and make them aware of health and safety issues. Businesses can become more efficient and reduce the number of accidents and work related illnesses. Consultation involves employers not only giving information to employees but also listening to, and taking account of, what employees say before they make any health and safety decisions. If a decision involving work equipment, processes or organisation could affect the health and safety of employees, the employer must allow time to give the employees or their representatives information about what is proposed. The employer must also give the employees or their representatives the chance to express their views. Then the employer must take account of these views before reaching a decision. Consultation with employees must be carried out on matters 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 competent people to help him or her satisfy health and safety laws; the information that employees must be given on the likely risks and dangers arising from their work, measures to reduce or get rid of these risks and what they should do if they have to deal with a risk or danger; the planning of health and safety training; the health and safety consequences of introducing new technology.

Introduction

Topics for Consultation

The Health and Safety (Consultation with Employees) Regulations 1996 (HSCER) These regulations came into force on 1 October 1996 and are intended to top up the 1977 regulations by extending consultation to any employees who are not members of a group covered by trade union safety representatives. As with the 1977 regulations they are based upon the employer/ employee relationship and their application is not limited to construction sites. Office and depot staff must also be consulted on issues relating to their health and safety. Whilst consultation under these regulations is compulsory, employers have the choice of consulting their employees either directly or through properly elected representatives. The guidance to the regulations gives advice on how and when to conduct elections if representatives are required. Should an employer choose to consult through elected representatives then the regulations specify the functions of such representatives and the training and facilities with which they must be provided. Under these regulations, representatives of employees have the following roles: to take up with employers, concerns about possible risks and dangerous events in the workplace that may affect the employees they represent to take up with employers, general matters affecting the health and safety of the employees they represent to represent the employees who elected them in consultations with health and safety inspectors. It should be noted that the representatives roles under these regulations are not as extensive as those under the 1977 regulations. Employers may of course choose to give elected representatives additional duties in order to standardise the roles. The Construction (Design and Management) Regulations 1994 (CDM) The CDM Regulations include a requirement upon the principal contractor for a construction project to ensure that all persons engaged upon construction work on the project are able to discuss and offer advice to him on relevant health and safety issues. (See page 0C - 17, Regulation 18). The principal contractor must also ensure that there are arrangements for the co-ordination of the views of all such persons and/or their representatives. It is important to note that these requirements do not relate solely to the principal contractors employees but to all persons engaged upon construction work on the project. The principal contractors arrangements for fulfilling his consultation duties should be stated in his Health and Safety Plan for the project.

The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) If an employer recognises a trade union and that trade union has appointed, or is about to appoint, safety representatives under SRSCR 1977, then the employer must consult those safety representatives on matters affecting the group or groups of employees they represent. These groups of employees may include people who are not members of that trade union. The regulations also provide for the formation of safety committees when requested by safety representatives. These regulations are based on the employer/employee relationship and are not limited to construction site personnel; office staff may be included. The regulations specify the functions of safety representatives and safety committees and set out the obligations of employers towards both. They remain in force in their entirety and have not been affected by the subsequent regulations outlined below. Under the SRSCR regulations, the roles of trade union safety representatives are: to investigate possible dangers at work, the causes of accidents there and general complaints by employees on health, safety and welfare issues and to take matters up with the employer; to carry out inspections of the workplace, particularly following accidents, diseases or other events; to represent employees in discussions with health and safety inspectors and to receive information from those inspectors; to go to meetings of safety committees. See p. 0A-4 for the regulations in full.
June 2004

Regulatory Requirements

All or any of the three regulatory requirements for consultation outlined above may apply to a construction company at any time, depending on whether or not they are the principal contractor and whether or not they have any trade union safety representatives. The broadest based requirements for consultation arise from the CDM regulations, as they encompass everyone on site. Principal contractors are therefore advised to establish consultation arrangements to meet the CDM requirements first, and then check that these arrangements also comply with the HSCER 1996 requirements and, where appropriate, the SRSCR 1977 requirements. Since part of the consultation process involves the provision of information, it is appropriate to make full use of any pre-existing communication system such as staff briefings, site inductions, toolbox talks etc. However, such systems may need further development in order to give

Implementation

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people the opportunity of expressing their views. The systems must become two-way communication processes. A typical site consultation process may include: Site Manager addresses all staff on say a quarterly basis. Staff and operatives attendance at induction course which includes information on the ongoing consultation process 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 via notice boards, newsletters etc. Whilst it is quite appropriate for subcontractors to be required to carry out this sort of process for their own employees, there must be a mechanism whereby the views of the various subcontractors can be fed back to the principal contractor. This could be done via a safety coordination meeting. If trade union safety representatives request a formal safety committee, it may be possible to combine the safety co-ordination meeting with the safety committee meeting. The SRSCR 1977 and the HSCER 1996 apply as equally to all office and depot based employees as they do to site based 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 a clearly stated open-door policy to encourage feedback on health and safety issues.

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 or confrontational language aimed at a worker who has raised a health and safety issue is unacceptable speak to people in a manner in which you would like to be spoken to Actively campaign for workforce responsibility. Engage everyone in observing where intervention is needed. Confront apathy - make it clear that health and safety come 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 if possible. Drive home the business case for health and safety. Link productivity to improved H&S - drive out the just get on and do it mentality.

See things from the perspective of your workforce: Remove any longstanding gripes from the site. Poor welfare, tatty PPE, and cold & damp mess huts all undermine attempts to get real participation from the workforce. Get workers involved in the risk assessment process, have them review risk assessments and method statements. Break down consultation to a level that has an impact try task reviews between first line supervision and workers. Dont get bogged down with paper . Active involvement is more effective than a generic assessment in a folder. Tell all workers that you expect their full involvement during induction training - and then make sure you get it. Consultation is about two-way communication - learn to listen. 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 territory, such as the canteen - adopt a relaxed and informal format for feedback. Consider breakfast meetings onsite with subcontractors. Consider how and when you consult will impact work schedules. For instance consider consulting on the workability of method statements during the first hour of the shift Supervision is a real problem for small contractors - small contractors should be encouraged to use active workers to supervise and challenge each other. Involve your workforce in the purchase of plant, equipment, and PPE - they will know better than most what works best. Ensure toolbox talks are two-way and specific. Where 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.

In 2003, the Health and Safety Commission recognised the difficulties posed by plans to create new legislation introducing further duties on employers to consult with employees, and agreed to work in partnership with employers and trade unions to encourage the application of a wide spectrum of voluntary methods, alongside the existing legal requirements set out above. These include the active promotion of Workers Safety Advisers (WSAs), as an additional means of stimulating workforce involvement. Following a pilot scheme, Government set up a WSA Challenge Fund that allocates funds to various projects that promote workforce involvement through the use of WSAs. Some trade unions have set up there own voluntary schemes, such as UCATTs Health and Safety Advisor Network. None of these schemes are mandatory, and are based around partnership agreements between employers, unions, or other organisations.

Workers Safety Advisors (WSAs) & A Voluntary Approach

Key Principles for Achieving Effective Consultation

Leadership is key - senior managers must be seen to drive workforce involvement: Make time to get on site, and make clear to the workforce you are there to check on (and talk about/listen) safety.

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June 2004

The Safety Representatives and Safety Committees Regulations 1977 SI 1977 No.500
REGULATIONS APPROVED CODE OF PRACTICE 1 The Safety Representatives and Safety Committees Regulations 1977 concern safety representatives appointed in accordance with Section 2(4) of the Act and cover: (a) prescribed cases in which recognised trade unions may appoint safety representatives from amongst the employees; (b) prescribed functions of safety representatives. Section 2(6) of the Act requires employers to consult with safety representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures. Under section 2(4) safety representatives are required to represent the employees in those consultations. 2 This Code of Practice has been approved by the Health and Safety Commission with the consent of the Secretary of State for Employment. It relates to the requirements placed on safety representatives by section 2(4) of the Act and on employers by the Regulations and takes effect on the date the Regulations come into operation. 3 The employer, the recognised trade unions concerned and safety representatives should make full and proper use of the existing agreed industrial relations machinery to reach the degree of agreement necessary to achieve the purpose of the Regulations and in order to resolve any differences.

Citation and commencement

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

Interpretation 2 (1) In these Regulations, unless the context otherwise requires: the 1974 Act means the Health and Safety at Work etc. Act 1974; the 1975 Act means the Employment Protection Act 1975; employee has the meaning assigned by section 53(1) of the 1974 Act and employer shall be construed accordingly; recognised trade union means an independent trade union as defined in section 30(1) of the Trade Union and Labour Relations Act 1974* which the employer concerned recognises for the purpose of negotiations relating to or connected with one or more of the matters specified in section 29(1) of that Act in relation to persons employed by him or as to which the Advisory, Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975* which is operative within the meaning of section 15 of that Act; safety representative means a person appointed under Regulation 3(1) of these Regulations to be a safety representative; welfare at work means those aspects of welfare at work which are the subject of health and safety regulations or of any of the existing statutory provisions within the meaning of section 53(1) of the 1974 Act; workplace in relation to a safety representative means any place or places where the group or groups of employees he is appointed to represent are likely to work or which they are likely to frequent in the course of their employment or incidentally to it. (2) The Interpretation Act 1889* shall apply to the interpretation of these Regulations as it applies to the interpretation 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 Regulations means the Safety Representatives and Safety Committees Regulations 1977; (b) words and expressions which are defined in the Act or in the Regulations have the same meaning in this Code unless the context requires otherwise.

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December 1992

NATIONAL WORKING RULE AGREEMENT PROVISIONS

ADVICE

CIJC NWR 24 CECCB Rule 18A

Under the Health and Safety at Work Act 1974, provision is made for recognised trade unions to appoint safety representatives to represent operatives. Provision is also made for the establishment of safety committees where a formal request, in writing, is made to an employer by at least two safety representatives who have been appointed in accordance with the Act. The Notes for Guidance appended are, therefore, jointly agreed in accordance with paragraph 3 of the Code of Practice issued by the Health and Safety Commission in order to achieve the purpose of the regulations and in order to resolve any differences. The effect of the Rule itself, which is very short, is two-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 statutory requirements in both the building and civil engineering industries.

CIJC/CECCB NOTES FOR GUIDANCE

1 Legislation References in these Notes are to Regulations made under the 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 Safety Representatives and Safety Committees. As the new Working Rules and Notes for Guidance are linked to the Regulations, Code and official guidance, it is essential for all employers to have a copy of the above booklet.

June 2000

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REGULATIONS person a right to inspect any place, article, substance or document which is the subject of restrictions on the grounds of national security unless he satisfies any test or requirement imposed on those grounds by or on behalf of the Crown.
1974c.52. 1975c.71. *1889c63.

APPROVED CODE OF PRACTICE

Appointment of safety representatives

3 (1) For the purposes of section 2(4) of the 1974 Act, a recognised trade union may appoint safety representatives from amongst the employees in all cases where one or more employees are employed by an employer by whom it is recognised. (2) Where the employer has been notified in writing by or on behalf of a trade union of the names of the persons appointed as safety representatives under this Regulation and the group or groups of employees they represent, each such safety representative shall have the functions set out in Regulation 4 below. (3) A person shall cease to be a safety representative for the purposes of these Regulations when: (a) the trade union which appointed him notifies the employer in writing that his appointment has been terminated; or (b) he ceases to be employed at the workplace but if he was appointed to represent employees at more than one workplace he shall not cease by virtue of this subparagraph to be a safety representative so long as he continues 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 practicable either have been employed by his employer throughout the preceding two years or have had at least two years experience in similar employment.
*1954 c7O.

Functions of safety representatives

4 (1) In addition to his function under section 2(4) of the 1974 Act to represent the employees in consultation with the employer under section 2(6) of the 1974 Act (which requires every employer to consult safety representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees and in checking the effectiveness of such measures), each safety representative shall have the following functions: (a) to investigate potential hazards and dangerous occurrences at the workplace (whether or not they are drawn 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 he represents relating to that employees health, safety or welfare at work;
(continued on page 0A - 8)

Functions of safety representatives

5 In order to fulfil their functions under section 2(4) of the Act safety representatives should: (a) take all reasonably practicable steps to keep themselves informed of: (i) the legal requirements relating to the health and safety of persons at work, particularly the group or groups of persons they directly represent, (ii) the particular hazards of the workplace and the measures deemed necessary to eliminate or minimise the risk deriving from these hazards, and (iii) the health and safety policy of their employer and the organisation and arrangements for fulfilling that policy; (b) encourage co-operation between their employer and his employees in promoting and developing essential measures to ensure the health and safety of employees and in checking the effectiveness of these measures; (c) bring to the employers notice normally in writing any
December 1999

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CIJC/CECCB NOTES FOR GUIDANCE

ADVICE

2 Safety Representatives Appointment

2.1 When a union proposes to appoint a safety representative at a place of work, the full-time official of the union concerned will normally discuss with the employer the number of safety representatives that may be appropriate for that workplace, and define the group or groups of operatives who are to be so represented. A safety representative appointed by the union shall be issued with appropriate credentials and the union shall notify the employer, in writing as early as possible, of the appointment made, indicating the groups of operatives to be represented. So far as reasonably practicable, the safety representative so appointed shall be in the employment of the main contractor. When proposing to appoint an operative as a safety representative, the trade union should take into account the requirements of the regulations relating to the experience and length of service of a person so appointed. The experience and length of service appropriate for appointment of safety representatives in the construction industry will vary according to the circumstances prevailing at the place of work concerned. The union shall normally discuss with the employer what is appropriate in individual cases. Twelve months experience in the industry should normally be a minimum.

2.2

2.3

A union in this paragraph means, in building, a union which is party to the CIJC, e.g. UCATT, TGWU, GMWU or FTAT; or in civil engineering, a union which is party to the CECCB, e.g. TGWU, UCATT or GMWU. The number of safety representatives appropriate in any given circumstances is a matter to be determined locally and will depend on such factors as the extent of the workplace, the groups of operatives to be covered, the number of unions involved and any special features, such as the operation of shift systems. Discussions should always be with a full-time official of the union concerned. Where more than one CIJC/CECCB union is involved, the employer should aim at combined discussions and agreement among the unions on the appointment of one safety representative at the workplace. The statutory right to function as a safety representative takes effect only when the unions full-time official has notified the employer in writing of the safety representatives appointment. A written notification of appointment is not complete unless it indicates the group or groups of operatives whom the person appointed is to represent. It may often be convenient if, where a safety representative is appointed by one union, the other unions accept that he should act for all operatives at the workplace. Care should be taken that only properly authorised safety representatives carry out the functions set out in the Regulations. The Regulations say that anyone appointed as a safety representative shall, so far as is reasonably practicable, either have been in the employers service for the preceding two years or had at least two years experience in similar employment. This principle should be observed wherever possible and especially in shops, depots and other static establishments. The Health and Safety Commissions guidance notes, however, accept that two years may not be a reasonably practicable requirement where the workplace is newly established, where work is of short duration or where there is high labour turnover. Because such conditions tend to occur in the construction industry, Note 2.3 refers to 12 months experience in the industry as a minimum.

3 Safety Representatives Functions

The functions of a safety representative are set out under Regulation 4(1) of the regulations. A summary of these functions is: 3.1 To investigate potential hazards and dangerous occurrences at the workplace and to examine the causes of accidents at the workplace; 3.2 To investigate complaints by any operative he represents relating to that operatives health, safety or welfare at work. Appointed safety representatives have functions rather than duties. In fulfilling the statutory functions set out in Note 3, a safety representative takes on no legal responsibilities. A legal duty does exist, however, for an employer to consult with a properly-appointed safety representative on matters relating to these functions. Note 3.7 also draws attention to the need for a co-operative approach to safety.

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REGULATIONS (c) to make representations to the employer on matters arising out of sub-paragraphs (a) and (b) above; (d) to make representations to the employer on general matters affecting the health, safety or welfare at work of the employees at the workplace; (e) to carry out inspections in accordance with Regulations 5, 6and 7 below; (f) to represent the employees he was appointed to represent in consultations at the workplace with inspectors of the Health and Safety Executive and of any other enforcing authority; (g) to receive information from inspectors in accordance with section 28(8) of the 1974 Act; and (h) to attend meetings of safety committees where he attends in his capacity as a safety representative in connection with any of the above functions; but, without prejudice to sections 7 and 8 of the 1974 Act,no function given to a safety representative by this paragraph shall be construed as imposing any duty on him. (2) An employer shall permit a safety representative to take such time off with pay during the employees working hours as shall be necessary for the purposes of: (a) performing his functions under section 2(4) of the 1974 Act and paragraph (1) (a) to (h) above; (b) undergoing such training in aspects of those functions as may be reasonable in all the circumstances having regard to any relevant provisions of a code of practice relating to time off for training approved for the time being by the Health and Safety Commission under section 16 of the 1974 Act. In this paragraph with pay means with pay in accordance with the Schedule to these Regulations.

APPROVED CODE OF PRACTICE unsafe or unhealthy conditions or working practices or unsatisfactory arrangements for welfare at work which come to their attention whether on an inspection or day to day observation. The report does not imply that all other conditions and working practices are safe and healthy or that the welfare arrangements are satisfactory in all other respects. Making a written report does not preclude the bringing of such matters to the attention of the employer or his representative by a direct oral approach in the first instance, particularly in situations where speedy remedial action is necessary. It will also be appropriate for minor matters to be the subject of direct oral discussion without the need for a formal written approach.

Time off for the training of safety representatives (Code of Practice approved under Regulation 4(2) (b)
Preface This document sets out a Code of Practice, which has been approved by the Health and Safety Commission, relating to the time off with pay which a safety representative is to be permitted to take during his working hours for the purpose of undergoing training approved by the TUC or by independent unions. It should be read in conjunction with the Safety Representatives and Safety Committees Regulations 1977, with particular reference to Regulation 4, which sets out the functions of a safety representative and the time off for training necessary to perform these functions. The Advisory, Conciliation and Arbitration Service has also prepared a Code of Time Off for trade union duties and activities generally under Section 57 of the Employment Protection Act. However, this Code, approved by the Health and Safety Commission, is concerned with time off for training of safety representatives appointed under the Regulations. Issues which may arise are covered by paragraph 3 of the Code of Practice on Safety Representatives approved by the Health and Safety Commission. The schedule to the Regulations deals with the computation of pay for the time off allowed. Regulation 11 contains provisions as to reference of complaints to industrial tribunals about time off and the payment to be made. To complement training approved by the TUC or by independent unions for safety representatives, an employer should make such arrangements as are necessary to provide training in the technical hazards of the workplace and relevant precautions on safe methods of work, and on his organisation and arrangements for health and safety. Code of practice 1 The function of safety representatives appointed by recognised trade unions as set out in Section 2(4) of the Health and Safety at Work etc. Act 1974, to represent employees in consultations with employers about health and safety matters. Regulation 4(1) of the Safety Representatives and 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 the employer has a duty to permit those safety representatives such time off with pay during the employees working hours as shall be necessary for the purpose of undergoing

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December 1992

CIJC/CECCB NOTES FOR GUIDANCE 3.3 To make representations, which should normally be confirmed 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; To carry out inspections in accordance with paragraph 4 below; To represent operatives at the workplace with inspectors of the Health and Safety Executive and of any other enforcing authority. To receive information from inspectors in accordance with Section 28(8) of the Health and Safety at Work Act 1974; To encourage co-operation between the operatives he represents and the employer on safe practices; To attend meetings of safety committees, where he attends in his capacity as a safety representative in connection with any of the above functions.

ADVICE

3.4 3.5 3.6 3.7 3.8

7 Safety Representatives Training and Time Off

The Construction Industry Joint Committee and the Civil Engineering Construction Conciliation Board have approved a form of basic training, taking into account the functions of safety representatives placed on them by the regulations and the understanding between the CBI and TUC. 7.1 If, at the time of appointment, the safety representative has not already satisfactorily completed the training so approved, the employer will allow the safety representative paid time off to complete this training. The amount of paid time off shall be what is considered to be reasonable for the purpose, in accordance with arrangements to be agreed with the employer, having regard to the form of training approved by the National Joint Council for the Building Industry and Civil Engineering Construction Conciliation Board to the Code of Practice of the Health and Safety Commission. 7.2 The employer shall notify to the safety representative the management representative who is authorised to act for the employer under the Regulations to whom he has access and shall, in consultation with the unions, arrange the procedure for such paid time off for the safety representative as may be necessary to carry out any functions set out under paragraph 3 of these Notes for Guidance. A safety representative is entitled to have paid time off for the purpose of: i performing his functions as a safety representative, and ii reasonable training to enable him to perform those functions. Arrangements for obtaining time off for performing safety representatives functions and for training (where applicable) should be agreed when the appointment of a representative is made. These arrangements should be controlled by a management representative authorised to act on behalf of the employer for the purposes of consultation with the safety representative (see 7.2).

It is most important to appoint a member of management to deal with the safety representative and that the safety representative is told who he is. The member of management concerned must be given adequate training in safety and in the details of the statutory requirements.

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REGULATIONS

APPROVED CODE OF PRACTICE such training in aspects of those functions as may be reasonable in all the circumstances. 3 As soon as possible after their appointment safety representatives should be permitted time off with pay to attend basic training facilities approved by the TUC or by the independent union or unions which appointed the safety representatives. Further training, similarly approved, should be undertaken where the safety representative has special responsibilities or where such training is necessary to meet changes in circumstances or relevant legislation. 4 With regard to the length of training required, this cannot be rigidly prescribed, but basic training should take into account the functions of safety representatives placed on them by the Regulations. In particular, basic training should provide an understanding of the role of safety representatives, of safety committees, and of trade union policies and practices in relation to: (a) the legal requirements relating to the health and safety of persons at work, particularly the group or class of persons they directly represent; (b) the nature and extent of workplace hazards, and the measures necessary to eliminate or minimise them; (c) the health and safety policy of employers, and organisation and arrangements for fulfilling those policies. Additionally, safety representatives will need to acquire new skills in order to carry out their functions, including safety inspections, and in using basic sources of legal and official information and information provided by or through the employer on health and safety matters. 5 Trade unions are responsible for appointing safety representatives and when the trade union wishes a safety representative to receive training relevant to his functions it should inform management of the course it has approved and supply a copy of the syllabus, indicating its contents, if the employer asks for it. It should normally give at least a few weeks notice of the safety representatives it has nominated for attendance. The number of safety representatives attending training courses at any one time should be that which is reasonable in the circumstances, bearing in mind such factors as the availability of relevant courses and the operational requirements of the employer. Unions and management should endeavour to reach agreement on the appropriate numbers and arrangements and refer any problems which may arise to the relevant agreed procedures.

THE SCHEDULE Regulation 4(2) Pay for time off allowed to safety representatives
1 Subject to paragraph 3 below, where a safety representative is permitted to take time off in accordance with Regulation 4(2) of these Regulations, his employer shall pay him: (a) where the safety representatives remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, as if he had worked at that work for the whole of that time; (b) where the safety representatives remuneration for that work varies with the amount of work done, an amount calculated by reference to the average hourly earnings for that work (ascertained in accordance with paragraph 2 below).

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December 1992

CIJC/CECCB NOTES FOR GUIDANCE

ADVICE

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REGULATIONS 2 The average hourly earnings referred to in paragraph 1(b) above are the average hourly earnings of the safety representative concerned or; if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or; if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances. 3 Any payment to a safety representative by any employer in respect of a period of time off: (a) if it is a payment which discharges any liability which the employer may have under section 57 of the Employment Protection Act 1975* in respect of that period, shall also discharge his liability in respect of the same 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 in respect of the same period under Regulation 4(2) of these Regulations; (c) if it is a payment under Regulation 4(2) of these Regulations shall go towards discharging any liability of the employer to pay contractual remuneration in respect of the same period. *1975 c.71.

APPROVED CODE OF PRACTICE

Employers duty to consult and provide facilities and assistance

4A (1) Without prejudice to the generality of section 2(6) of the Health and Safety at Work etc. Act 1974, every employer shall consult safety representatives in good time with regard to (a) the introduction of any measure at the workplace which may substantially affect the health and safety of the employees the safety representatives concerned represent; (b) his arrangements for appointing or, as the case may be, nominating persons in accordance with regulations 6(1) and 7(l)(b) of the Management of Health and Safety at Work Regulations 1992 or Regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997; (c) any health and safety information he is required to provide to the employees the safety representatives concerned represent by or under the relevant statutory provisions; (d) the planning and organisation of any health and safety training he is required to provide to the employees the safety representatives concerned represent by or under the relevant statutory provisions; and (e) the health and safety consequences for the employees the safety representatives concerned represent of the introduction (including the planning thereof) of new technologies into the workplace. (2) Without prejudice to regulations 5 and 6 of these Regulations, every employer shall provide such facilities and assistance as safety representatives may reasonably require for the purpose of carrying out their functions under section 2(4) of the 1974 Act and under these Regulations.

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June 1998

CIJC/CECCB NOTES FOR GUIDANCE

ADVICE

Employers duty to consult

Employers must consult safety representatives on the following matters required by the Management of Health and Safety at Work Regulations 1992 (see Section OB): (a) arrangements for appropriate measures for the health and safety of employees,

(b) the appointment of competent persons to provide health and safety advice and to implement emergency procedures, (c) the provision of information on risks to health and safety and on necessary preventative measures,

(d) (e) the provision of adequate health and safety information and training before starting work and when exposed to new risks.

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REGULATIONS

APPROVED CODE OF PRACTICE

Inspections of the workplace

5 (1) Safety representatives shall be entitled to inspect the workplace or a part of it if they have given the employer or his representative reasonable notice in writing of their intention to do so and have not inspected it, or that part of it, as the case may be, in the previous three months; and may carry out more frequent inspections by agreement with the employer. (2) Where there has been a substantial change in the conditions of work (whether because of the introduction of new machinery or otherwise) or new information has been published by the Health and Safety Commission or the Health and Safety Executive relevant to the hazards of the workplace since the last inspection under this regulation the safety representatives after consultation with the employer shall be entitled to carry out a further inspection of the part of the workplace concerned notwithstanding that three months have not elapsed since the last inspection. (3) The employer shall provide such facilities and assistance as the safety representatives may reasonably require (including facilities for independent investigation by them 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 or his representative from being present in the workplace during the inspection. (4) An inspection carried out under section 123 of the Mines and Quarries Act 1954* shall count as an inspection under this Regulation.

Inspections following notifiable accidents, dangerous occurrences and diseases

6 (1) Where there has been a notifiable accident or dangerous occurrence in a workplace or a notifiable disease 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 groups which safety representatives are appointed to represent might be involved those safety representatives may carry out an inspection of the part of the workplace concerned and so far as is necessary for the purpose of determining the cause they may inspect any other part of the workplace; where it is reasonably practicable to do so they shall notify the employer or his representative of their intention to carry out the inspection. (2) The employer shall provide such facilities and assistance as the safety representatives may reasonably require (including facilities for independent investigation by them 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 or his representative from being present in the workplace during the inspection. (3) In this Regulation notifiable accident or dangerous occurrence 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 the relevant statutory provisions within the meaning of section 53(1) of the 1974 Act.
*1954 c7O

Inspection of documents and provision of information

7 (1) Safety representatives shall for the performance of their functions under section 2(4) of the 1974 Act and under these Regulations, if they have given the employer reasonable notice, be entitled to inspect and take copies of

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CIJC/CECCB NOTES FOR GUIDANCE

ADVICE The agreement on the programme of workplace inspections 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. before the normal interval has elapsed, on the grounds that new circumstances have arisen since the last inspection); and iv submission of a written report on the inspection from the safety representative to a person designated by management. It is strongly recommended that the appropriate management representative should be present during workplace inspections by the safety representative.

4 Workplace Inspections
Regulation 5 makes provision for safety representatives to inspect the workplace or a part of it to which his appointment refers, if prior notice, in writing, has been given to the employer of the intention to do so. Such inspections will take place in accordance with a programme to be agreed with the employer and at intervals of not less than three months or more frequently if there have been substantial changes in the conditions of work or new information has been published by the Health and Safety Commission which is relevant to hazards of the workplace since the date of the last inspection. Facilities will be provided by the employer in accordance with the regulations and there are advantages in formal inspections being carried out jointly.

5 Inspection of Documents
Regulation 7 requires employers to make available to safety representatives any information within their knowledge which is necessary to enable them properly to fulfil their functions and to inspect relevant documents except medical records of individuals. Entitlement to such information
June 2000

The regulations provide that an employer is not obliged to allow inspection of any document where disclosure of the information in it would be against the interests of national security or would cause substantial injury to the employers undertaking. Nor is the employer required to
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REGULATIONS any document relevant to the workplace or to the employees the safety representatives represent which the employer is required to keep by virtue of any relevant statutory provision within the meaning of section 53(1) of the 1974 Act except a document consisting of or relating to any health record of an identifiable individual. (2) An employer shall make available to safety representatives the information within the employers knowledge, necessary to enable them to fulfil their functions except: (a) any information the disclosure of which would be against the interests of national security, or (b) any information which he could not disclose without contravening a prohibition imposed by or under an enactment, 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, for reasons other than its effect on health, safety or welfare at work, cause substantial injury to the employers undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person, or (e) any information obtained by the employer for the purpose of bringing, prosecuting or defending any legal proceedings. (3) Paragraph (2) above does not require an employer to produce or allow inspection of any document or part of a document which is not related to health, safety or welfare.

APPROVED CODE OF PRACTICE

Information to be provided by employers

6 The Regulations require employers to make information within their knowledge available to safety representatives necessary to enable them to fulfil their functions. Such information should include: (a) information about the plans and performance of their undertaking and any changes proposed insofar as they affect the health and safety at work of their employees; (b) information of a technical nature about hazards to health and safety and precautions deemed necessary to eliminate or minimise them, in respect of machinery, plant, equipment, processes, systems of work and substances in use at work, including any relevant information provided by consultants or designers or by the manufacturer, importer or supplier of any article or substance 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 or notifiable industrial disease and any statistical records relating to such accidents, dangerous occurrences or cases of notifiable industrial disease; (d) any other information specifically related to matters affecting the health and safety at work of his employees, including the results of any measurements taken by the employer or persons acting on his behalf in the course of checking the effectiveness of his health and safety arrangements; (e) information on articles or substances which an employer issues to homeworkers.

Cases where safety representatives need not be employees

8 (1) In the cases mentioned in paragraph (2) below safety representatives appointed under Regulation 3(1) of these Regulations need not be employees of the employer concerned; and section 2(4) of the 1974 Act shall be modified accordingly. (2) The said cases are those in which the employees in the group or groups the safety representatives are appointed to represent are members of the British Actors Equity Association or of the Musicians Union. (3) Regulations 3(3)(b) and (4) and 4(2) of these Regulations shall not apply to safety representatives appointed by virtue of this Regulation and in the case of safety representatives to be so appointed Regulation 3(1) shall have effect as if the words from amongst the employees were omitted.

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

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CIJC/CECCB NOTES FOR GUIDANCE is subject to the exceptions set out in the regulations. Should any dispute or difference arise concerning the provision of information under this rule, the matter is to be referred to joint machinery of the industry for settling disputes.

ADVICE disclose information which he is prohibited by law from disclosing, or information which has been obtained for the purposes of any legal proceedings. In particular, the requirement to allow inspections of documents does not extend to any document which is not related to health, safety or welfare. Attention is drawn to the particular reference to the 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 a safety committee by at least two safety representatives, he shall consult the union(s) party to the CIJC/CECCB who have members at the workplace with a view to deciding what arrangements are appropriate, having regard to the nature of the workplace and the consultative arrangements which
June 2000

It is recognised that the structure and constitution of safety committees will vary according to local conditions. Therefore, where a request to establish a committee is made in accordance with Note 6, the form that the committee will take must be subject to consultation in the context of the particular workplace concerned. Consultation is to
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REGULATIONS (2) Where an employer is requested to establish a safety committee in a case prescribed in paragraph (1) above, he shall establish it in accordance with the following provisions: (a) he shall consult with the safety representatives who made the request and with the representatives of recognised trade unions whose members work in any workplace in respect of which he proposes that the committee should function; (b) the employer shall post a notice stating the composition of the committee and the workplace or workplaces to be covered by it in a place where it may be easily read by the employees; (c) the committee shall be established not later than three months after the request for it.

APPROVED CODE OF PRACTICE

Power of Health and Safety Commission to grant exemptions

10 The Health and Safety Commission may grant exemptions from any requirement imposed by these Regulations and any such exemption may be unconditional or subject to such conditions as the Commission may impose and may be with or without a limit of time.

Provisions as to industrial tribunals

11 (1) A safety representative may, in accordance with the jurisdiction conferred on industrial tribunals by paragraph 16(2) of Schedule 1 to the Trade Union and Labour Relations Act 1974*, present a complaint to an industrial tribunal that: (a) the employer has failed to permit him to take time off in accordance with Regulation 4(2) of these Regulations; or (b) the employer has failed to pay him in accordance with Regulation 4(2) of and the Schedule to these Regulations. (2) An industrial tribunal shall not consider a complaint under paragraph (1) above unless it is presented within three months of the date when the failure occurred or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months. (3) Where an industrial tribunal finds a complaint under paragraph (1) (a) above well-founded the tribunal shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the employee which shall be of such amount as the tribunal considers just and equitable in all the circumstances having regard to the employers default in failing to permit time off to be taken by the employee and to any loss sustained by the employee which is attributable to the matters complained of. (4) Where on a complaint under paragraph (1) (b) above an industrial tribunal finds that the employer has failed to pay the employee the whole or part of the amount required to be paid under paragraph (1) (b), the tribunal shall order the employer to pay the employee the amount which it finds due to him. (5) Paragraph 16 of Schedule 1 to the Trade Union and Labour Relations Act 1974 (jurisdiction of industrial tribunals) shall be modified by adding the following subparagraph: (2) An industrial tribunal shall have jurisdiction to determine complaints relating to time off with pay for safety representatives appointed under regulations made under the Health and Safety at Work etc. Act 1974. *1974 c.52

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CIJC/CECCB NOTES FOR GUIDANCE already exist. Consultation should cover, as appropriate, the membership of the committee (taking account of subcontractors); the functions, procedure, and meeting programme of the committee; its interrelation with the safety representatives; the date of establishment; and the posting by the employer of a notice stating the composition of the committee and workplace(s) to be covered by it.

ADVICE involve all the CIJC/CECCB unions who have members at the workplace, not just the safety representatives who initiate the request.

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

As the statutory requirements relating to safety representatives and safety committees have been embodied in the CIJC and CECCB Working Rule Agreements, it is the joint machinery of the industry which should be invoked if any difference or dispute arises on the matters covered by CIJC NWR 7A or CECCB WR 18A and the associated Notes for Guidance. It should however, be noted that disputes over time off and payment for it may be referred to an industrial tribunal.

June 2000

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REFERENCES Legislation
Safety Representatives and Safety Committees Regulations 1977 Employment Protection (Consolidation) Act 1978 Management of Health and Safety at Work Regulations 1992 Trade Union Reform and Employment Rights Act 1993 Fire Precautions (Workplace) Regulations 1997

Approved code of practice

Safety representatives and safety committees (booklet containing Regulations, Approved code of practice and Guidance notes published by The Stationery Office (ISBN 0 11 8803352)

Guidance
Leaflets (available from HSE): HSC 8 Safety committees; guidance to employers whose employees are not members of recognised independent trade unions IND(G)119(L) Safety representatives and safety committees on offshore installations: a brief guide for the workforce All of the above reference material is available from: CIP Ltd., 60 New Coventry Road, Sheldon, Birmingham, B26 3AY Tel: 0121 722 8200 Fax: 0121 722 8201 email enquiries@cip-books.com

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