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. There is more information about trade union recognition in LRD’s annual companion publication, Law at Work.


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. HSE guidance on the regulations says that appropriate criteria when considering how many safety reps should be appointed include:


• the total numbers employed;


• the variety of different occupations;


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


• the operation of shift systems;


• the type of work activity and the degree and character of the inherent dangers.


The legal rights of safety representatives can be found in the HSE publication: Consulting workers on health and safety (L146), which contains the regulations, Code of Practice and guidance on safety representatives.


The TUC publication on the legal rights of safety reps, known as the “Brown Book”, is available from the TUC website. 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.


In December 2015, the Health and Safety Executive (HSE) issued new guidance, aimed mainly at medium to large employers, to help them in their legal duty to consult and involve their employees on health and safety matters. The new version has been updated to clarify examples of how to comply with the SRSCR, and the Health and Safety (Consultation with Employees) Regulations 1996 (as amended), and to update links and references to other guidance. The HSE says that small businesses, employees and safety reps may also find the guidance helpful. The new guidance – Involving your workforce in health and safety Guidance for all workplaces can be found on the HSE website.