Introduction to Fire Safety Management

15.21.3 Duty to provide information – regulation 5
Where the employer consults employees directly, they 
must also make information available to the employees 
as necessary to enable the employees to participate 
fully and effectively in the consultation.
The guidance to the HSCWE Regs indicates that 
this would include information on:
➤
The hazards and associated risks to health and 
safety that may arise as a result of their activities
➤
The preventive and protective measures required for 
these
➤
The action employees should take if they encounter 
hazards and associated risks.
In the case of consultation with ROES, the employer 
must also provide the ROES with any records required 
under the Reporting of Injuries, Diseases and Dangerous 
Occurrences Regulations 1995 (RIDDOR – see later).
The employer is not required to provide information 
which:
➤
Would be against the interests of national security
➤
Relates specifi cally to an individual without their 
consent
➤
Could cause substantial injury to the employers’ 
under taking
➤
Is obtained by the employer for bringing, prosecut-
ing or defending any legal proceedings
➤
Is not related to health and safety.
15.21.4 Functions of ROES – regulation 6
Where the employer consults with ROES, they have the 
following functions:
➤
To make representations to the employer on poten-
tial hazards and dangerous occurrences at the work-
place which either affect or could affect the group of 
employees the ROES represents
➤
To make representations to the employer on general 
matters affecting the health and safety of the group 
of employees the ROES represents, and in particular 
on the matters detailed in regulation 3 above
➤
To represent the group of employees in consultation 
at the workplace with appointed enforcing authority 
inspectors (either HSE or EHOs).
Note:
The above are not legal duties on ROES and they 
do not absolve the ROES of their duties as employees 
under relevant legislation. It is becoming increasingly 
common for employers to involve ROES in safety com-
mittees, critical incident investigation and workplace 
inspections in the same way that union appointed safety 
representatives are and such good practice should be 
encouraged wherever possible.