Appointing safety reps

The appointment of safety reps from recognised trade unions is provided for by section 2 of the Health and Safety at Work etc Act 1974. Under Regulation 3 of the SRSCR, the right to appoint safety reps is restricted to independent trade unions, recognised by the employer. A trade union is “recognised” by an employer when it negotiates agreements with employers on pay and other terms and conditions of employment — known as collective bargaining. Recognition is another way of saying that the employer is prepared to deal with the union concerned.

The regulations state that safety reps should be employees in the workplace where they are to carry out their functions, except where they are members of the Musicians’ Union or the actors’ union Equity. Local officials of these unions can cover a number of workplaces where they are recognised.

The regulations also state that where reasonably practicable, safety reps should have at least two years’ employment with their present employer or two years’ experience in similar employment. Exceptions to this include cases where the employer or the workplace is newly established, where the work is of a short duration, or where there is a high labour turnover.

The employer must be notified in writing of the names of the appointed safety reps by the union. The regulations do not say how many safety reps should be appointed, leaving this to negotiation between unions and employers.

Guidance notes to the regulations say that appropriate criteria when considering how many safety reps should be appointed include:

• the number of people employed;

• whether there are different occupations; and

• the size of the workplace and variety of workplace locations;

The legal rights of safety representatives can be found in the HSE publication: Consulting workers on health and safety (L146), which contains the regulations and Code of Practice on the SRSCR. In March 2015, the TUC revised its publication on the legal rights of safety reps, known as the “Brown Book”. It is available from the TUC at: www.tuc.org.uk/sites/default/files/extras/brownbook.pdf.

The TUC points out that the Brown Book is an extract from L146 and that the rest of L146 has no relevance to organisations where trade unions are recognised.