Employers’ basic legal responsibilities

It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business, and they must do whatever is reasonably practicable to achieve this, the Health and Safety Executive (HSE) points out.

That means making sure that workers and others are protected from anything that may cause harm, and effectively risk-assessing and controlling any risks to injury or health that could arise in the workplace. This is significant given that musculo-skeletal disorders and stress play such a big part in sickness absence.

Employers also have a duty to consult employees on health and safety issues. Consultation must be either direct or through a safety representative who is either elected by the workforce or appointed by a trade union. As union reps are often safety reps too, it should be possible to use the health and safety framework to discuss absence and health with management.

Safety reps’ and unions’ rights are set out in the Safety Representatives and Safety Committees Regulations 1977 (SRSCR) and Approved Code of Practice (ACOP) (the Safety representatives and safety committees “Brown Book” can be downloaded at: https://www.tuc.org.uk/sites/default/files/BrownBook2015.pdf).

The Health and Safety at Work etc Act (HSWA) 1974 requires employers to consult safety reps in good time about:

• the introduction of any measure at the workplace which may substantially affect health and safety;

• the arrangements for appointing competent people to assist with health and safety and implementing procedures for serious and imminent risk;

• any health and safety information the employer is required to provide;

• planning and organisation of health and safety training; and

• the health and safety implications of the introduction (or planning) of any new technology.

Safety reps have the right to investigate potential hazards and dangerous occurrences, examine the causes of accidents, investigate members’ complaints, make representations to the employer, carry out inspections, consult and receive information from the HSE, and attend meetings of the safety committee. The Public Interest Disclosure Act 1998 (PIDA) is intended to give them, and workers generally, legal protection if they “blow the whistle” on issues of serious concern about their workplace. However, whistleblowing legislation in the UK is exceptionally complicated and is widely regarded as failing to provide effective protection to those workers who speak out about issues of concern, such as safety.