Introduction to Fire Safety Management

15.21
The Health and Safety 
(Consultation with Employees) 
Regulations 1996 (SI 1513)
The Health and Safety (Consultation with Employees) 
Regulations 1996 (HSCWE Regs) only apply where 
employees are not represented by union appointed 
safety representatives (see the Safety Representatives 
and Safety Committees Regulations 1977).
15.21.1 Duty to consult – regulation 3
The employer is required to consult with their employ-
ees in good time on matters relating to their health and 
safety and, in particular:
➤
The introduction of any measure which may affect 
their health and safety
➤
The employer’s arrangements for appointing or nom-
inating competent persons under the Management 
of Health and Safety at Work Regulations 1999 (see 
later)
➤
Any information the employer is required to provide 
under other relevant legislation
➤
The planning and organisation of any training the 
employer is required to provide under other relevant 
legislation
➤
The health and safety consequences of the intro-
duction of any new technologies into the workplace.
Note:
The supporting guidance makes it clear that con-
sultation involves both listening to the views of employ-
ees and taking account of these before any decision is 
made.
15.21.2 Persons to be consulted – regulation 4
The employer must either:
➤
Consult with their employers directly or
➤
Consult with one or more persons from a group of 
employees where the group has elected that per-
son or persons to represent them. (Persons elected 

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Introduction to Fire Safety Management
380
in this way are termed representatives of employee 
safety (ROES).)
Where the employer consults with ROES, they must 
inform their employees of both the name of the ROES 
and the group of employees the ROES represents.
The employer should not consult with ROES where:
➤
The ROES notifi es the employer that they do not 
intend to represent the group of employees
➤
The ROES ceases to be employed in the group of 
employees they represented
➤
The election period has expired
➤
The ROES becomes incapacitated from carrying out 
their functions.
Where the employer discontinues consultation with 
ROES, they must inform their employees in the group 
concerned. Where the employer has previously con-
sulted with ROES and then decides to consult with their 
employees directly, they must inform both the ROES and 
their employees of their decision.