LRD guides and handbook October 2017

Drug and alcohol policies at work - a guide for union reps

Chapter 2

Safety Representatives and Safety Committees Regulations 1977

[ch 2: pages 13-14]

The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) give recognised trade unions the legal right to appoint workplace safety representatives and set out the rights and functions of safety representatives, employers’ obligations with regard to consultation and the provision of facilities, assistance and information.

The general union GMB makes clear that trade union representatives must be consulted on the planning and implementation of drug and alcohol policies. It points out that there is a legal duty under the SRSCR to consult trade union safety representatives on issues and changes affecting health and safety “in good time” i.e. before changes are implemented. In workplaces where the trade union is not recognised, employers still have a duty under the Health and Safety (Consultation of Employees) Regulations 1996 to consult employees, collectively or via elected representatives of health and safety.

In addition, HSE guidance makes explicit reference to the need for employers to consult with safety representatives appointed by recognised trade unions under the SRSCR when drawing up a policy on drug misuse.