Prepare now for the new Regulations
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ALTHOUGH the Safety Representatives and Safety Committee Regulations 1978 do not come into effect until October 1, 1978, nothing will be lost by examining the requirements of the Regulations now.
As they deal with the prevention of accidents, it may even be wise to begin the basic organisation which is necessary now, on a voluntary basis, rather than wait until the Regulations come into force.
It will be seen that the Regulations require very close cooperation between the trade unions and management, and it may be politic for employers to initiate the setting up of the necessary committee, rather than wait for the trade union representatives to ask for this to be done, as they are entitled to do.
There are two separate parts to the new law, firstly the appointment by a trade union of safety representatives and secondly the setting up of a safety committee at the request of the safety representatives.
Regulation 3 provides that recognised trade unions may appoint safety representatives to repreent employees. When the employer has been notified in writing by the trade union of the names of the persons appointed as safety representatives and the group or groups of employees they represent, each safety representative has the following functions: (a) to investigate potential hazards and dangerous occurrences at the workplace (whether or not they are drawn to his attention by the employees he represents) and to examine the causes of accidents; (b) to investigate complaints by any employee he represents relating to that employee's health, safety or welfare at work; (c) to make representations to the employer on matters arising from his inspections and on general matters affecting the health, safety or welfare of the employees; (d) to make inspections (of which more later); (e) to represent the employees at the place of work in consultations with inspectors of the Health and Safety Executive (HSE) and any other enforcing authority; (f) to receive information from inspectors, and (g) to attend meetings of safety committees (Regulation 4).
An employer must allow a safety representative to have time off from work, with pay, to carry out his duties as set out above and time off so that he can undergo training which is reasonably necessary.
The Regulations give power to safety representatives to inspect workplaces. Regulation 5 provides that they are entitled to inspect any part of any workplace which they have not inspected in the previous three months, if they give notice in writing to their employer of their intention.
Where there has been a substantial change in the conditions of work, or if new information has been published by the Health and Safety Commission (HSC) of the HSE relevant to the hazards of the workplace, they may, after consultation with the employer, carry out a further inspection, even though three months have not elapsed since the last inspection. Where there has been a notifiable accident or dangerous occurrence in a workplace or a notifiable disease has been contacted there, the safety representative may carry out an inspection providing: (a) it is safe for an inspection to be carried out, and (b) the interest of employees in the group or groups which safety representatives are appointed to represent might be involved. They should, where reasonably practicable, notify the employer of their intention to carry out the inspection (Regulation 6).
For inspections carried out by safety representatives under their powers under Regulations 5 and 6, the employer must provide such facilities and assistance as the safety representatives may require (including facilities for independent investigation by them and private discussion with the employees). The employer or his representative may, however, be present during the inspection.
Regulation 7 requires employers to make available information within their knowledge which is necessary to enable safety representatives to fulfil their functions. On being given reasonable notice, the employer must allow them to inspect and copy any document which he is required by the safety regulations to keep.
He need not disclose information if: (a) it would be against the interests of national security; (b) it is information which he could not disclose without contravening a prohibition imposed by some other law; (c) it relates specifically to an individual, unless the individual, consents to its being disclosed; (d) such a disclosure would-,..for reasons other than its effect on health, safety or welfare at work, cause substantial injury to the employer's undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person; (e) it has been obtained by him for the purpose of bringing, prosecuting or defending any legal proceedings.
Employers may consider that the statutory powers given to trade union safety representatives are too far reaching, and there is no doubt that frivolous complaints concerning health, safety or welfare could bring a business to a standstill.
It is also evident that complete co-operation between management and the workforce and, more particularly, between the safety representatives and management will be essential if the new regulations are to operate smoothly and effect'vely.
The HSC has published a booklet, Safety Representatives and Safety Committees (HMSO, price 35p). This booklet contains the Regulations themselves, the Code of Practice on Safety Representatives (which is approved by the HSC) and the Guidance Notes. It should be in the possession of all managers and trade unionists likely to be involved with the Regulations; the information it contains is invaluable.
With regard to the previous paragraph concerning the cooperation necessary, an extract from the preface to the booklet is relevant, which reks: "The view of the Commission is that it would be undesirable to restrict unnecessarily the freedom of employers and trade unions to make arrangements suitable to the circumstances of each undertaking.
"There is nothing to prevent employers and employees continuing existing agreed arrangements which are satisfactory to both sides, or drawing up alternative arrangements for joint consultation over health and safety at work that do not follow the provisions and advice in this booklet.
"But these agreed existing or alternative arrangements will in no way detract from the rights and obligations created by the Regulations."
In the next article I will be looking at the setting up of safety committees and examining more closely the role of safety representatives.