1.2 Health and Safety Consultation Arrangements
Last updated:Introduction
The County Council has a legal obligation to consult employees on specified health and safety matters. Consultation is carried out through recognised Trade Unions, and/or elected employee representatives although there may be instances where it is necessary for managers to consult directly with employees on specific matters.
Safety Representatives
All recognised Trade Unions have the right to appoint safety representatives to represent their members on health and safety matters in accordance with the Safety Representatives and Safety Committees Regulations 1977.
In order to carry out their role effectively, Safety Representatives have the right to:
- time off with pay to carry out their duties
- time off with pay for training
- inspect their workplace once every three months or sooner if an accident or changes to the workplace have occurred
- investigate accidents, potential hazards, and dangerous occurrences
- investigate the complaints of employees relating to health, safety, and welfare matters
- make representations to management on health and safety issues
- attend Safety Committees.
Appointment Of Safety Representatives
Trade Unions will:
- Notify HR and the relevant team manager of the name of any person appointed as a Safety Representative and the group or groups of employees they represent.
- Where possible, ensure that a person appointed as a Safety Representative has at least two years experience of the particular work involved, so that they have sufficient knowledge to make a contribution to health and safety within their workplace.
By mutual agreement, a Safety Representative may also represent employees who are not members of that particular Trade Union.
Time Off And Facilities For Safety Representatives
In order to carry out their role effectively, Safety Representatives are entitled to time off with pay and the use of any necessary facilities such as telephone, photocopier, storage space, etc. Guidelines have been drawn up as to what is considered reasonable for Trade Union officials, these guidelines also apply to Safety Representatives, see HR Guidelines.
Employee Representatives
Each service has one or more elected employee representatives, part of their role is to represent employees of the service on health and safety matters in accordance with the Health and Safety (Consultation with Employees) Regulations 1996. The role and entitlements of employee representatives are similar to those of the Trade Union-appointed safety representative. Employee representatives can:
- make representations to the employer on potential hazards and dangerous occurrences at the workplace which affect, or could affect, the group of employees they represent;
- make representations to the employer on general matters affecting the health and safety at work of the group of employees they represent and, in particular, on such matters as they are consulted about by the employer
- represent the group of employees they represent in consultations at the workplace with Health and Safety enforcement agencies
Employee representatives also participate in the Local and Corporate Health and Safety Committees and can raise at those meetings any relevant health and safety issues brought to them by the employees they represent.
More details about employee representatives can be found elsewhere on the Intranet.
Safety Committees
Under the Safety Committees and Safety Representatives Regulations 1977 an employer must establish a Safety Committee within three months, if requested by two or more Safety Representatives.
A number of Safety Committees have been established within the County Council, not all at the request of Safety Representatives, these are as follows:
Local Health and Safety Committees
Each Portfolio has a local H&S Committee as follows
- Children and Young People
- Business and Customer Transformation/People, Policy and Communications
- Adults and Family Wellbeing
- Communities and Built Environment
Information about membership, meeting dates, minutes and how to put items on the agenda can be found on the Portfolio Intranet site.
In addition, a number of services have set up individual service H&S groups, details of these can be found on the relevant service intranet site.
Corporate Health and Safety Committee
The Corporate Health and Safety Committee meets three times a year.
The Committee is made up of representatives of all recognised trade unions within the County Council, employee representatives and a number of senior management representatives.
Any health and safety issues unresolved at portfolio level may be put forward to the Corporate Health and Safety Committee for consideration. The Committee also considers policy matters, accident statistics and trends, serious accidents and incidents and other matters relating to health and safety affecting the County Council.
Details of membership, minutes, and meeting dates are available via the H&S Intranet site.
Further Information
Safety Representatives and Safety Committees, Third Edition, L87, HSC
A Guide to the Health and Safety (Consultation with Employees) Regulations 1996, L95.