LRD guides and handbook July 2015

Health and safety law 2015

Chapter 4

Advice to safety reps on reporting health and safety problems to the HSE

[ch 4: page 58]

The HSE has introduced a new system for safety reps to report problems at work after formal processes have failed using a “Concerns and advice form for safety representatives”. This can be submitted by post or online.

The TUC advises safety reps: “Where the safety representative believes there has been a breach in the law which the employer fails to resolve, the health and safety representative should raise the issue with a senior representative or union official. However, if a serious problem remains, and after discussion with their union, a health and safety representative may consider contacting the HSE.”

The form can also be used where a safety rep spots problems outside their place of work, says the TUC: “Where that workplace is likely to be unionised the safety representative should seek to notify the appropriate union, but if there is a risk of significant harm, the safety representative should contact the HSE. Safety representatives can also contact the HSE if they have concerns over any sector or industry-wide issues which they believe the HSE should be aware of, but again safety representatives should contact a senior representative or union official first.”

It further advises: “In all cases where there is a serious risk to life or limb which cannot be prevented by notifying your employer, safety representatives should contact their union and the HSE immediately.” Where safety reps are in a workplace enforced by a local authority or another regulator such as the ORR, MCA or CAA, reps should contact the appropriate authority or regulator.

The TUC advice can be found on its website at: https://www.tuc.org.uk/workplace-issues/health-and-safety/safety-representatives/safety-representatives-resources/reporting