Organising for safety
4. The board must recognise its role in engaging the active participation of workers in improving
3.4 Consultation with employees
The vast majority of safety legislation requires the provi-sion of information to employees. The effectiveness of a safety culture relies heavily upon the quality and stand-ard of the information provided.
If employees are to comply with systems of work to keep themselves and others safe specifi c information should be provided such as:
➤ The details of any risk assessment carried out, par-ticularly the risks inherent with the facility or task by which they may be affected
➤ The control measures such as those that prevent staff and others being harmed and any appropriate protective measures
➤ The emergency procedures, whether for fi re, bomb threat, chemical spillage, asbestos release, etc.
➤ The names, roles and responsibilities of the compe-tent persons, e.g. safety adviser, fi re wardens, fi rst aiders, etc.
The provision of information is generally seen as being a one-way mechanism by which the responsible per-son and/or employer provides the details as above.
However, to be successful in safety management and to comply with the law a prudent responsible person and/
or employer will establish a consultation process with employees and others.
Employee involvement supports a positive safety culture (see Chapter 4) where safety is everyone’s respon-sibility and they feel ownership for safety matters. The best form of participation is a partnership, where workers and their representatives are involved in early consultation It may be the case that one of the
employ-ers sharing a premises has control over the premises. Such would be the situation when a small portion of a premises is sublet. In this case the person in control of the premises should take the lead role in ensuring ade-quate fi re safety arrangements and exchange of health and safety information is managed adequately. When there is such a situation the subletters will need to assist the person in control of the premises.
Where there is no controlling employer the employers and self-employed people sharing a particular workplace will need to agree joint arrangements for discharging their duties under common statutory provisions. For example, they will all need access to compe-tent safety advice and may achieve this com-munally by appointing a safety coordinator.
Similarly the responsible person (e.g. a landlord) although they do not have employees on site will hold duties under section 4 of the HSWA for ensuring safe egress and access to common areas of the premise and those that fall under ‘landlord domain’. This will extend to ensure that effective emergency arrangements for all those on the premises are secured.
In terms of information relating to fi re safety matters, the responsible person, in addition to providing informa-tion to employees, also has a duty under the RRFSO to provide relevant and complete information relating to both the risks and preventive and protective measures includ-ing the emergency arrangements in the event of a fi re to:
➤ Persons working in their undertaking who are not employees and
➤ Employers and employees who share premises or
may be affected by their activities. Figure 3.7 Consultation with employees
of changes and in the solving of any potential problems, rather than being merely informed after decisions have already been taken.
One of the most effective methods of establishing a safety culture is to consult with employees over safety-related matters, and be seen to act on their suggestions, where reasonably practicable. This is the main differ-ence between consulting with employees and merely informing them as required by current legislation. This statutory consultation raises the profi le of safety among the workforce and ensures that the management team is seen to be committed to the partnership approach to safety.
Current safety legislation provides for the appoint-ment of recognised trade union safety representatives (this has to be completed in writing).
The employer has to consult with the safety representative to ensure the adequacy of arrangements to safeguard health and safety at work.
In addition, the law allows for the formation of safety committees to ensure that consultation can be managed effectively and which can monitor and review the measures taken to ensure health and safety at work.
3.4.1 Specifi c legislation that requires consultation (other than HSWA)
The Safety Representatives and Safety Committees Regulations 1977 (SRSC), which deal with the appoint-ment of representatives in unionised workplaces, and the Health and Safety (Consultation with Employees) Regulations 1996, which applies where the workplace in question is not covered by a recognised trade union.
The Schedule to the MHSW Regulations had the effect of updating the SRSC Regulations by placing an obligation on employers to consult safety representa-tives in good time with respect to:
➤ Workplace measures which may affect the health and safety of employees
➤ The arrangements for appointing competent persons
➤ Any statutory obligations to provide health and safety information to employees
➤ Any statutory obligations to plan and organise the health and safety training of employees and
➤ The health and safety consequences of the intro-duction of new technology.
In addition to these duties, the employer must also pro-vide any such facilities and assistance as time off and training that safety representatives may reasonably require in order to carry out their full range of functions.
Safety Representatives and Safety Committees Regulations 1977
Under these regulations, the appointment of representa-tives is undertaken in writing by a recognised trade union who will then inform the employer of the name of the representative and the group of employees they will represent.
A safety representative does not require any specifi c qualifi cations to fulfi l the role, but the minimum requirement should be at least two years’ service with the present employer or two years in similar employ-ment. Once appointed, a safety representative remains in the position until they resign the appointment, leave the employer or the nomination by the appointing trade union is withdrawn.
There is no statutory requirement on the number of representatives required for a particular size of workforce. The guidance notes offer the advice that when determining the numbers appointed, consideration should be given to:
➤ The total numbers employed
➤ The variety of the different occupations involved
➤ The size of the workplace and the locations involved
➤ Particulars of shift systems and
➤ The inherent dangers of the work activities.
Functions of the representatives
It is important to note that representatives are given func-tions only, as opposed to duties. A function is defi ned as an activity that a safety representative is permitted to carry out by legislation but does not have a duty to perform. It is, therefore, treated as an advisory action.
A safety representative cannot be held accountable for failing to carry out a function or for the standard of the advice given when performing a function, and the HSE has issued statements to the effect that no action will be taken against them in respect of these regulations.
This does not mean that representatives have no duties at all. They are still required to act reasonably and to cooperate with the employer, but there are no additional duties under the SRSC Regulations.
The reason for this specifi cation was that if a representative were to be held liable for advice he gave to management, or for not carrying out safety inspec-tions, for example, there would be a severe shortage of those willing to volunteer for the role and safety culture would suffer accordingly.
The main functions are as follows:
1. To take reasonably practical steps to keep himself informed of:
(a) The legal requirements relating to the health and safety of people at work, particularly the group of people they directly represent
Organising for safety
(b) The particular workplace hazards and the measures necessary to eliminate or minimise the risks deriving from these hazards
(c) The employer’s health and safety policy, as he is included in it somewhere
2. To encourage cooperation between the employer and his employees in promoting and developing essential measures to ensure the health and safety of the workforce and in checking the effectiveness of these measures
3. To investigate:
(a) Hazards and accidents in the workplace, specifi cally those which are reportable to the enforcing authority and
(b) Employee complaints relating to health, safety and welfare
4. To carry out inspections in the workplace, with a right to do so every three months
5. To alert the employer, in writing, to any unsafe or unhealthy working practices or conditions, or unsat-isfactory arrangements for welfare at work
6. To represent the employees to whom he has been appointed in consultation with HSE inspectors and any other enforcing authority. This may be as a result of an accident, an employee complaint or simply a routine visit by the inspector
7. To receive information from HSE inspectors regard-ing site visits, fi ndregard-ings of inspections or investiga-tions, and any future action to be taken.
8. To request the formation of a safety committee (two or more representatives must make the request).
9. To attend safety committee meetings in connection with the previous items.
A recurring theme throughout these regulations is that the employee representatives have the right to perform certain functions, and the employers are then required to provide them with such facilities and assistance as they may reasonably require them to carry out.
Specifi cally, an employer must:
➤ Provide time off with full pay to enable the repre-sentative to carry out his functions and to undergo such safety training as may be required. There is no statutory requirement determining the type or level of training required, but guidance suggests it should be appropriate to the level and type of risks encoun-tered within the workplace in question
➤ Provide information which the representative may need to fulfi l their functions. The guidance notes to the regulations suggest that this should include:
(a) Information about the plans and performance of the workplace, with particular regard to any proposed changes which may have health and safety implications
(b) Technical information about hazards in the workplace and the precautions necessary to overcome them. This might include safety man-uals, materials safety data sheets, manufactur-ers’ instructions, etc.
(c) Records of any accidents and diseases and sta-tistics relating to these
(d) Any other information which would be relevant, for example results of inspections, air monitor-ing, risk assessments, noise surveys, etc.
In general, the functions laid down for union appointed safety representatives under the SRSC are taken as a recommendation for the conduct of non-union appointed representatives. To properly deal with representatives from these other workplaces it is necessary to look at the regulations which were introduced to include them in the consultation process.
The Health and Safety (Consultation with Employees) Regulations 1996 (HSCER)
The HSCER covers consultation with employees who are not in groups covered by trade union elected safety representatives. These employees can be consulted directly or through their own elected representatives (the consultation method should be one suitable to all the parties involved).
Employers’ duties
Where there are employees who are not represented by safety representatives under SRSC, the employer has to consult those employees or their elected representatives (representatives of employee safety) on matters relating Figure 3.8 Safety representatives have a right to conduct
inspections of the workplace quarterly.
to their health and safety at work, in particular with regard to:
(a) The introduction of any measure which may affect employee health and safety
(b) The arrangements for appointing health and safety assistance and procedures for serious and imminent danger and for danger areas
(c) Any health and safety information which may be required under any legislation
(d) Planning and organisation of any training in connec-tion with health and safety
(e) The health and safety consequence of any new legislation.
Employer’s duty to provide information
Employees or representatives should be given enough information to allow them to take a full and effective part in consultation.
Employers do not have to provide information if it:
➤ Is contrary to national security or unlawful
➤ Concerns individuals who have not consented to information being divulged
➤ Would harm the business, unless this coincides with effects on health and safety or
➤ Involves information connected with legal proceedings.
Functions of Representatives of Employee Safety (ROES)
ROES have the following functions, similarly to their union counterparts:
➤ To make representations to the employer on haz-ards, risks and dangerous occurrences in the work-place which affect, or could affect, the group of employees they represent
➤ To make representations to the employer on gen-eral matters affecting the group of employees they represent and, in particular, any such matters the employer consults them about
➤ To represent the group of employees in any discus-sion with health and safety inspectors.