3. Appointing Health and Safety Representatives

An employer does not have to appoint safety representatives.  Yes, there is the legislation mentioned at the beginning of this section, the excitingly-named Safety Representatives and Safety Committees Regulations 1977 (as amended) and the Health and Safety (Consultation with Employees) Regulations 1996 (as amended).   But in a small organisation a Competent Person and Deputy can usually discharge the required health and safety duties once a good, solid system is in place.

For bigger organisations however, and/or those which undertake physically hazardous work, appointing representatives can be very helpful: instead of consulting and communicating with the whole workforce, the employer can consult with safety reps who will convey the information to the relevant colleagues and carry out some or all of the associated duties.  This can be a quicker and more efficient method of having health and safety implemented in the workplace.  We’ll explain how these Regulations can work in your organisation below.  It is important to note that safety representatives can make demands which the employer has to meet.

Safety Representatives and Safety Committees Regulations 1977 (as amended)

If you have Trades Union representation in your workforce, it is likely you will have union-appointed Safety representatives.  The reps will have been appointed in writing by a Trade Union and will have set functions to carry out:

• Investigation of hazards and dangerous occurrences
• Dealing with employees’ health and safety complaints
• Examination of the cause of workplace accidents and incidents
• Workplace inspections
• Attendance at health and safety committee meetings

The reps will represent employees in any dealings with H&S Inspectors (internal or external).

Employers who have union-appointed safety representatives must give them paid time off to carry out their duties and to attend training sessions (paid for by their union) and/or the TUC.

Health and Safety (Consultation with Employees) Regulations 1996 (as amended)

If an employer decides it would be useful to have in-house safety representatives, these are the Regulations which apply.  The safety representatives will be elected by the workforce (not the employer) and will speak on behalf of their colleagues on health and safety issues.  They can also represent employees in dealings with H&S inspectors (internal and external).

Once the safety representatives have been elected, the employer must source and pay for the appropriate training.  This will depend upon the skills the individuals have but could include Working Safely, Good Communications, Risk Assessment, COSHH Assessment courses, although this is by no means a definitive list.  The employer also has to pay for any additional costs such as travel, hotel stays etc and also paid time off to attend or complete the courses.

It is also important to note that if two safety representatives request, in writing, that a safety committee is formed in the workplace, the employer has to establish such a committee within three months of the request.

What about the Competent Person and Deputy?

Safety representatives do not take over the duties of the Competent Person.   The CP remains the conduit for all health and safety matters, among which will be liaising with the safety representatives.  If there is a culture of good communication within the organisation, having safety reps can be a real help to the Competent Person.  But in organisations where this is not the case, maybe there is even an atmosphere of “them and us” between workers and management, having safety representatives can make the CP’s job more protracted and difficult (and possibly lead to a less safe working environment!).

So employers must think carefully about a) whether to have safety representatives, and b) how they manage union-appointed representatives.

Health and Safety Myth

Introduction of random drugs/alcohol testing

An employee from an engineering company has expressed a concern that his employer is to introduce random drugs/drink testing on the grounds of health and safety.

There are no specific health and safety laws which stipulate the need for drug and alcohol testing.

NB, an employer may decide to introduce such testing in workplaces where there is a real risk – e.g. working at height or operating machinery.  The employer should be prepared to explain the reasons for introduction of the policy via consultation with the workforce.