Introduction to Fire Safety Management

Introduction to Fire Safety Management
394
Note:
The above functions do not impose duties on 
safety representatives nor do they absolve them of their 
duties as employees.
15.29.2 Employer duties – regulations 4(2) and 4A
The employer is required to permit the safety repre-
sentative to take time off with pay during working hours 
to fulfi l their functions and to undergo training in their 
functions.
Where the employer fails to permit safety represent-
atives time off or fails to pay them for time off, the safety 
representative may complain to the employment tribunal 
(regulation 11).
The employer is also required to provide the safety 
representative with facilities and assistance to enable 
the representative to fulfi l their functions and to consult 
with them in good time on the following matters:
➤
The introduction of any measure which may affect the 
health and safety of the employees they represent
➤
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.
15.29.3 Inspections – regulations 5 and 6
Safety representatives are entitled to inspect the work-
place every three months (or more often with the 
employer’s agreement) if they have given the employer 
reasonable notice in writing of their intention to do so. 
Further inspections may be carried out if there has been 
a substantial change in work conditions or because of 
the introduction of new machinery or otherwise.
The employer must provide facilities and assistance 
to enable the safety representative to carry out inspec-
tions and the employer may be present in the workplace 
during the inspection.
Where there has been a reportable injury, dangerous 
occurrence or a case of disease has been contracted in 
the workplace, the safety representative may inspect the 
workplace, if it is safe to do so, and the employer must 
provide facilities and assistance to enable this includ-
ing facilities for independent investigation and private 
discussion with the employees.