Consulting workers on health and safety

Consulting workers on health and safety Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended)

Approved Codes of Practice and guidance Health and Safety This is a free-to-download, web-friendly version of L146 (Second edition with amendments, published 2014). This version has been adapted for online use from Executive

Consulting workers on health and safety Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended) HSE’s current printed version.

You can buy the book at http://books.hse.gov.uk

ISBN 978 0 7176 6461 0

This book gives you the law and guidance on how to consult and involve your employees and their representatives on health and safety matters at work under the Safety Representatives and Safety Committees Regulations 1977 (as amended) and the Health and Safety (Consultation with Employees) Regulations 1996 Approved Codes of Practice and guidance (as amended). It explains the relationship between the two sets of regulations and how they affect you and your workforce; in some workplaces you may have to L146 (Second edition consult under both sets of regulations. with amendments) Published 2014 It should apply to the majority of workplaces. However, the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 apply to offshore workplaces. There are also specific requirements to consult your employees or their health and safety representatives in other health and safety legislation which applies to specific industries. Extensive details of further sources of information and industry-specific advice are provided.

It will be of help to employers, trade unions, appointed health and safety representatives, representatives of employee safety, and members of health and safety committees. This second edition, originally published in 2012, has been subject to some minor amendments and corrections to reflect changes to linked HSE guidance and revisions/revocations to other, related pieces of legislation. The guidance remains substantially the same.

The book complements Involving your workforce in health and safety (HSG263). There is also a free leaflet, Consulting employees on health and safety: A brief guide to the law (INDG232(rev1)), and advice on HSE’s website at: www.hse.gov.uk/involvement.

HSE Books

© Crown copyright 2014

First published 2008 Second edition 2012 Second edition with amendments 2014

ISBN 978 0 7176 6461 0

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Some images and illustrations may not be owned by the Crown so cannot be reproduced without permission of the copyright owner. Enquiries should be sent to copyright@hse.gsi.gov.uk.

In this second edition with amendments, references to the Health and Safety Commission have been amended to the Health and Safety Executive, as per the Legislative Reform (Health and Safety) Order 2008.

Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Contents

Preface 9 Background 11 Introduction 12 PART 1 Safety Representatives and Safety Committees Regulations 1977 (as amended) 14 Regulation 1 Citation and commencement 14 Regulation 2 Interpretation 15 Regulation 3 Appointment of safety representatives 16 Regulation 4 Functions of safety representatives 19 Regulation 4A Employer’s duty to consult and provide facilities and assistance 20 Schedule 2 Pay for time off allowed to safety representatives 21 Regulation 5 Inspections of the workplace 29 Regulation 6 Inspections following notifiable accidents, occurrences and diseases 31 Regulation 7 Inspection of documents and provision of information 32 Regulation 8 Cases where safety representatives need not be employees 34 Regulation 9 Safety committees 34 Regulation 10 Power of Health and Safety Executive to grant exemptions 39 Regulation 11 Provisions as to [employment tribunals] 39 PART 2 Health and Safety (Consultation with Employees) Regulations 1996 (as amended) 40 Regulation 1 Citation, extent and commencement 40 Regulation 2 Interpretation 40 Regulation 3 Duty of employer to consult 41 Regulation 4 Persons to be consulted 44 Regulation 5 Duty of employer to provide information 46 Regulation 6 Functions of representatives of employee safety 47 Regulation 7 Training, time off and facilities for representatives of employee safety and time off for candidates 47 Schedule 1 Pay for time off 48 Schedule 2 Provisions as to industrial tribunals 49

Regulation 8 Amendment of the Employment Rights Act 1996 53 Regulation 9 Exclusion of civil liability 53 Regulation 10 Application of health and safety legislation 53 Regulation 11 Application to the Crown and armed forces 54 Regulation 12 Disapplication to sea-going ships 54 Regulation 13 Amendment of the 1977 Regulations 54 Appendix 1 Requirements for information for employees in existing health and safety legislation 55 General health and safety 55 Health and Safety at Work etc Act 1974 55 Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) 55 Employers’ Liability (Compulsory Insurance) Act 1969 56 Health and Safety (First Aid) Regulations 1981 (SI 1981/917) 56 Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996/341) 56 Health and Safety Information for Employees Regulations 1989 (SI 1989/682) 56 Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) 56 Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) 56 Health hazards 56 Control of Asbestos Regulations 2012 (SI 2012/632) 56 Control of Lead at Work Regulations 2002 (SI 2002/2676) 57 Control of Noise at Work Regulations 2005 (SI 2005/1643) 57 Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677) 58 Control of Vibration at Work Regulations 2005 (SI 2005/1093) 58 Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002 (SI 1992/2792) 59 Ionising Radiations Regulations 1999 (SI 1999/3232) 59 Radiation (Emergency Preparedness and Public Information) Regulations 2001 (SI 2001/2975) 59 Manual Handling Operations Regulations 1992 (SI 1992/2793) 59 Safety hazards 59 Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) 59 Personal Protective Equipment at Work Regulations 1992 (SI 1992/2966) 60

Special hazards 60 Borehole Sites and Operations Regulations 1995 (SI 1995/2038) 60 Construction (Design and Management) Regulations 2007 (SI 2007/320) 60 Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2002/2776) 61 Dangerous Substances in Harbour Areas Regulations 1987 (SI 1987/37) 61 Mines and Quarries Act 1954 61 Management and Administration of Safety and Health at Mines Regulations 1993 (SI 1993/1897) 61 Mines Miscellaneous Health and Safety Provisions Regulations 1995 (SI 1995/2005) 61 Quarries Regulations 1999 (SI 1999/2024) 62 Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (SI 2006/2183) 62 Nuclear Installations Act 1965 (as amended) 63 Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 (SI 1989/971) 63 Pressure Systems Safety Regulations 2000 (SI 2000/128) 63 Railways and Other Guided Transport (Safety) Regulations 2006 (SI 2006/599) 63 Work in Compressed Air Regulations 1996 (SI 1996/1656) 63 Appendix 2 Requirements for instruction and training for employees in existing health and safety legislation 64 General health and safety 64 Health and Safety at Work etc Act 1974 64 Health and Safety (First Aid) Regulations 1981 (SI 1981/917) 64 Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996/341) 64 Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) 64 Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) 65 Health hazards 65 Control of Asbestos Regulations 2012 (SI 2012/632) 65 Control of Lead at Work Regulations 2002 (SI 2002/2676) 65 Control of Noise at Work Regulations 2005 (SI 2005/1643) 66 Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677) 66 Control of Vibration at Work Regulations 2005 (SI 2005/1093) 66

Genetically Modified Organisms (Contained Use) Regulations 2014 (SI 2014/1663) 67 Health and Safety (Display Screen Equipment) Regulations 1992 (SI 1992/2792) 67 Ionising Radiations Regulations 1999 (SI 1999/3232) 67 Radiation (Emergency Preparedness and Public Information) Regulations 2001 (SI 2001/2975) 67 Registration, Evaluation, Authorisation of Chemicals Regulation (REACH) 67 Safety hazards 67 Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) 67 Personal Protective Equipment at Work Regulations 1992 (SI 1992/2966) 68 Work at Height Regulations 2005 (SI 2005/735) 68 Special hazards 68 Borehole Sites and Operations Regulations 1995 (SI 1995/2038) 68 Construction (Design and Management) Regulations 2007 (SI 2007/320) 68 Control of Major Accident Hazards Regulations 1999 (SI 1999/743) 69 Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (SI 2007/1573) 69 Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2002/2776) 69 Dangerous Substances in Harbour Areas Regulations 1987 (SI 1987/37) 69 Management and Administration of Safety and Health at Mines Regulations 1993 (SI 1993/1897) 69 Quarries Regulations 1999 (SI 1999/2024) 69 Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (SI 2006/2183) 70 Nuclear Installations Act 1965 (as amended) – Nuclear Site License Conditions 70 Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 (SI 1989/971) 70 Pressure Systems Safety Regulations 2000 (SI 2000/128) 70 Work in Compressed Air Regulations 1996 (SI 1996/1656) 70 Appendix 3 Requirements to consult health and safety representatives and/or employees in existing health and safety legislation 71 General health and safety 71 Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) 71 Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) 71

Health hazards 71 Control of Asbestos Regulations 2012 (SI 2012/632) 71 Control of Noise at Work Regulations 2005 (SI 2005/1643) 71 Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677) 72 Control of Vibration at Work Regulations 2005 (SI 2005/1093) 72 Ionising Radiations Regulations 1999 (SI 1999/3232) 72 Radiation (Emergency Preparedness and Public Information) Regulations 2001 (SI 2001/2975) 72 Special hazards 72 Construction (Design and Management) Regulations 2007 (SI 2007/320) 72 Control of Major Accident Hazards Regulations 1999 (SI 1999/743) 72 Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 (SI 1989/971) 73 Quarries Regulations 1999 (SI 1999/2024) 73 Railways and Other Guided Transport Systems (Safety) Regulations 2006 (SI 2006/599) 73 Confined Spaces Regulations 1997 (SI 1997/1713) 74 References 75 Further information 79

Preface

The law requires you to consult your employees on matters that affect their heath and safety. There are two sets of regulations that deal with this subject according to the circumstances in your workplace, so this book is split into two parts. Part 1 contains:

(a) the Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500), as amended by the Employment Rights (Dispute Resolution) Act 1998 Chapter 8, the Management of Health and Safety at Work Regulations 1992 (SI 1992/2051), the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513), the Fire Precautions (Workplace) Regulations 1997 (SI 1997/1840), the Police (Health and Safety) Regulations 1999 (SI 1999/860), the Quarries Regulations 1999 (SI 1999/2024), the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242), the Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2006 (SI 2006/594) and the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541), the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (SI 2013/1471) and the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order (2014/469); (b) the Code of Practice on safety representatives; (c) the Code of Practice on time off for the training of safety representatives; (d) guidance on the Regulations.

Part 2 contains:

(a) the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513), as amended by the Employment Rights (Dispute Resolution) Act 1998 Chapter 8, the Fire Precautions (Workplace) Regulations 1997 (SI 1997/1840), the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242), and the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541); (b) guidance on the Regulations.

The regulations are shown in italics, the Codes of Practice on the Safety Representatives and Safety Committees Regulations 1977 are shown in bold, and the guidance on regulations is in plain text. The relevant Code and guidance appear alongside each regulation.

The legal status of Approved Code of Practice and guidance text is given on page 2.

The Safety Representatives and Safety Committees Regulations were made under sections 2(4), 2(7), 15(1), 15(3)(b), 15(5)(b), 80(1) and 80(4) of the Health and Safety at Work etc Act 1974 (1974 Act), as amended by paragraphs 2, 6 and 19 of Schedule 15 to the Employment Protection Act 1975.

The Health and Safety (Consultation with Employees) Regulations were made under powers in section 2 of the European Communities Act 1972.

The Approved Codes of Practice were made under section 16 of the 1974 Act and under the Safety Representatives and Safety Committees Regulations 1977 by the then Health and Safety Commission to give some practical guidelines on those Regulations.

Background

The former Health and Safety Commission decided that it would be wrong to try and make regulations which cater in detail for the wide variety of circumstances in which they will have to be applied. Accordingly, the purpose of the Safety Representatives and Safety Committees Regulations and Codes of Practice is to provide a legal framework for employers and trade unions to reach agreement on arrangements for health and safety representatives and health and safety committees to operate in their workplace.

The Health and Safety (Consultation with Employees) Regulations set out the legal framework which will apply if employers have employees who are not covered by representatives appointed by recognised trade unions. It is possible therefore that in some workplaces employers may have to consult under both sets of regulations. The purpose of both sets of regulations is to provide a framework within which employers can develop effective working arrangements to suit their business.

To supplement the statutory framework, the revised guidance helps to clarify what the law means. The Health and Safety Executive (HSE) hope it will be of help to employers, trade unions, appointed and elected health and safety representatives, representatives of employee safety, and members of health and safety committees. This second edition, originally published in 2012, has been subject to some minor amendments and corrections to reflect changes to linked HSE guidance and revisions/revocations to other, related pieces of legislation. The guidance remains substantially the same.

Further good practice guidance for employers is available in Involving your workforce in health and safety (HSG263).1

Employers and employees can agree to alternative arrangements for joint consultation on health and safety at work as long as such arrangements do not detract from the rights and obligations created by the above regulations. Recognised trade unions can at any time invoke the rights given by the Safety Representatives and Safety Committees Regulations and the obligations on the employer would then apply.

Introduction

1 This book gives you advice on how to consult and involve your employees and their representatives on health and safety matters at work under the Safety Representatives and Safety Committees Regulations 1977 (as amended) and the Health and Safety (Consultation with Employees) Regulations 1996 (as amended).

2 It complements the guide Involving your workforce in health and safety (HSG263).1 There is also a free leaflet, Consulting employees on health and safety: A brief guide to the law (INDG232(rev1)),2 as well as advice on HSE’s website at www.hse.gov.uk/involvement.

3 This book should apply to the majority of workplaces. However, the Offshore Installations (Safety Representatives and Safety Committees) Regulations 19893 apply to offshore workplaces. There are also specific requirements to consult your employees or their health and safety representatives in other health and safety legislation which applies to specific industries. Where it is more appropriate and relevant, you should refer to industry-specific guidance for your workplace.

4 The law sets out how you must consult your employees in different situations and the different choices you have to make. In some workplaces you may have to consult under both sets of regulations. There is more advice on the relationship between the two sets of regulations and how they affect you and your workforce in Involving your workforce in health and safety (HSG263).1

Consulting where both sets of regulations apply

5 A range of workforce structures and arrangements exist in workplaces so it is not unusual to have some parts of a business where employees are members of recognised trade unions and others where they are not. In this case, you may have to consult both:

(a) health and safety representatives (called ‘safety representatives’ in the Regulations) appointed by recognised trade unions under the Safety Representatives and Safety Committees Regulations 1977; (b) the remainder of your workforce, either directly where practical, or through elected health and safety representatives (called ‘representatives of employee safety’ in the Regulations) under the Health and Safety (Consultation with Employees) Regulations 1996.

6 Where you already have existing consultation arrangements that satisfy health and safety law, there is no requirement to change them. However, you may want to review your arrangements to make sure that they are the right ones for your organisation now.

Resolving disputes 7 Disagreements that may arise between employers and trade unions or employees on the interpretation of these regulations should be settled through the normal machinery for resolving employment