Introduction to Health and Safety at Work

17.10.3 Persons to be consulted – Regulation 4
Employers must consult with either:
➤
the employees directly, or
➤
one or more persons from a group of employees, who 
were elected by employees in that group to represent 
them under these regulations. They are known as 
‘Representatives of Employee Safety’ (ROES).
Where ROES are consulted, all employees represented 
must be informed of:
➤
the names of ROES
➤
the group of employees represented.
Employers shall not consult a ROES if:
➤
the ROES does not wish to represent the group
➤
the ROES has ceased to be employed in that group
➤
the election period has expired
➤
the ROES has become incapacitated from carrying 
out their functions.
If an employer decides to consult directly with employees 
they must inform them and ROES of that fact. Where no 
ROES is elected employers will have to consult directly.
17.10.4
Duty to provide information – 
Regulation 5
Employers must provide enough information to enable 
ROES to participate fully and carry out their functions. 
This will include:
➤
what the likely risks and hazards arising from their 
work may be
➤
reported accidents and diseases etc. under 
RIDDOR 95
➤
the measures in place, or which will be introduced, 
to eliminate or reduce the risks
➤
what employees ought to do when encountering 
risks and hazards.
An employer need not disclose information which:
➤
could endanger national security
➤
violates a legal prohibition
➤
relates specifi cally to an individual without their 
consent
Introduction to Health and Safety at Work
338
17.10 
Health and Safety (Consultation with Employees) Regulations 1996

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➤
could substantially hurt the employers undertaking 
or infringe commercial security
➤
was obtained in connection with legal proceedings.