Health and Safety Law 2021 (October 2021)

Chapter 5

Safety reps’ functions

[ch 5: page 89]

Safety representatives’ functions are set out in Regulation 4. These are to:

• investigate potential hazards and dangerous occurrences and examine the causes of accidents;

• investigate members’ complaints;

• make representations to the employer;

• carry out inspections at least every three months and after a reportable accident;

• consult with and receive information from HSE inspectors and other enforcement officers on behalf of members; and

• attend meetings of the safety committee.

Additional inspections can be made if work conditions have changed substantially, or if the HSE has published new information, provided the employer has been consulted.

In May 2021, the Unite general union called on regulators including the HSE, local authorities and public health bodies to publish records about whether inspectors have spoken to union reps during workplace visits. The call came after a health and safety-focused, UK and Ireland-wide survey of 1,400 Unite reps found inspectors are not routinely speaking to reps even though this is “vital to gaining an accurate picture of health and safety on sites”.

Only a third of respondents whose workplaces had been visited reported that inspectors had spoken to reps during the visit. Unite described the finding as alarming. It said that when it raised the “potentially dangerous” issue with regulators, they insisted this is done as a matter of course.


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