Introduction to Health and Safety at Work

17.10.5 Functions of ROES – Regulation 6
ROES have the following functions (but no legal duties):
➤
to make representations to the employer on poten-
tial hazards and dangerous occurrences related to 
the group of employees represented
➤
to make representations to the employer on matters 
affecting the general health and safety of relevant 
employees
➤
to represent the group of employees for which they 
are the ROES in consultation with inspectors.
17.10.6
Training, time off and facilities – 
Regulation 7
Where an employer consults ROES, they shall:
➤
Ensure that each ROES receives reasonable training 
at the employers’ expense
➤
allow time off with pay during the ROES working 
hours to perform the duties of a ROES and while a 
candidate for election
➤
such other facilities and assistance that ROES may 
reasonably require.
17.10.7
Civil liability and complaints – 
Regulation 9 and Schedule 2
Breach of these Regulations does not confer any right of 
action in civil proceedings subject to Regulation 7 (3) and 
schedule 2 relating to complaints to industrial tribunals.
A ROES can complain to an industrial tribunal that:
➤
their employer has failed to permit time off for train-
ing or to be a candidate for election
➤
their employer has failed to pay them as set out in 
Schedule 1 to the Regulations.
17.10.8 Elections
The guidance lays down some ideas for the elections, 
although there are no strict rules.
ROES do not need to be confi ned to consultation 
related to these Regulations. Some employers have ROES 
sitting on safety committees and taking part in accident 
investigation similar to union Safety Representatives.