Introduction to Fire Safety Management

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.

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Introduction to Fire Safety Management
48
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.