Consultation

Section 2 of the Health and Safety at Work etc Act 1974 requires employers to consult with safety representatives (see Chapter 1). This requirement is strengthened by Regulation 4a of the SRSCR. This states that safety representatives should be consulted in good time about:

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

• 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.

The Code of Practice on the SRSCR (Brown Book, paragraph 29) states that to fulfil their statutory functions, safety reps should take all reasonably practical steps to keep themselves informed of:

• the legal requirements relating to health and safety at work, particularly those of the group of workers they directly represent

• the particular hazards in their workplace and measures to eliminate those risks; and

• the employer’s health and safety policy.

The Code says that safety reps should encourage co-operation between employer and workers to promote and develop measures to secure workplace health and safety and to check their effectiveness, and should bring to the employer’s notice, normally in writing, any unsafe or unhealthy conditions or working practices, or unsatisfactory arrangements for welfare at work which come to their attention “whether on an inspection or day to day observation”.