Introduction to Health and Safety at Work

3.12.1
The Safety Representatives and Safety 
Committees Regulations 1977
These regulations only apply to those organizations that 
have recognized trade unions for collective bargain-
ing purposes. The recognized trade union may appoint 
safety representatives from among the employees and 
notify the employer in writing.
The safety representative has several functions (not 
duties) including:
➤
representing employees in consultation with the 
employer
➤
investigating potential hazards and dangerous 
occurrences
➤
investigating the causes of accidents
➤
investigating employee complaints relating to health, 
safety and welfare
➤
making representations to the employer on health, 
safety and welfare matters
➤
carrying out inspections
➤
representing employees at the workplace in consult-
ation with enforcing inspectors
➤
receiving 
information
➤
attending safety committee meetings.

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Organizing for health and safety
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Representatives must be allowed time off with pay to 
fulfi l these functions and to undergo health and safety 
training. They must also be allowed to inspect the work-
place at least once a quarter or sooner if there has been 
a substantial change in the conditions of work.
Finally, if at least two representatives have requested 
in writing that a safety committee be set up, the employer 
has three months to comply.
3.12.2
The Health and Safety (Consultation with 
Employees) Regulations 1996
These regulations were introduced so that employees 
working in organizations without recognized trade unions 
would still need to be consulted on health and safety 
matters. All employees must now be consulted either 
on an individual basis (e.g. very small companies) or 
through safety representatives elected by the workforce, 
known as ROES (Representative(s) of Employee Safety). 
The guidance to these regulations emphasizes the dif-
ference between informing and consulting. Consultation 
involves listening to the opinion of employees on a par-
ticular issue and taking it into account before a decision 
is made. Informing employees means providing informa-
tion on health and safety issues such as risks, control 
systems and safe systems of work.
The functions of these representatives are similar 
to those under the Safety Representatives and Safety 
Committees Regulations 1977 as are the rights to health 
and safety training (i.e. time off and costs covered by the 
employer).
The employer must consult on the following:
➤
the introduction of any measure or change which may 
substantially affect employees’ health and safety
➤
the arrangements for the appointment of competent 
persons to assist in following health and safety law
➤
any information resulting from risk assessments or 
their resultant control measures which could affect 
the health, safety and welfare of employees
➤
the planning and organization of any health and 
safety training required by legislation
➤
the health and safety consequences to employees 
of the introduction of new technologies into the 
work-place.
However, the employer is not expected to disclose 
information if:
➤
it violates a legal prohibition
➤
it could endanger national security
➤
it relates specifi cally to an individual without their 
consent
➤
it could harm substantially the business of the 
employer or infringe commercial security
➤
it was obtained in connection with legal 
proceedings.
Finally, an employer should ensure that the representa-
tive receives reasonable training in health and safety at 
the employer’s expense, is allowed time during working 
hours to perform his duties and provide other facilities 
and assistance that the representative should reason-
ably require.