Worker Consultation

As an employer, worker consultation should be at the forefront of your mind when intending to make positive health and safety changes in the workplace.  Workers who are involved in the process show commitment to the changes once implemented, and by being included feel valued – boosting morale and potentially revenue for the business.

There are two key pieces of legislation in the UK regarding worker consultation – Safety Representatives and Safety Committees Regulations 1977 and Health and Safety (Consultation with Employees) Regulations 1996.

The Safety Representatives and Safety Committees Regulations 1977 applies in workplaces where recognised trade unions are present, and trade unions are recognised for collective bargaining purposes.

In workplaces where employees are not in a trade union and/or the employer does not recognise the trade union, or the trade union does not represent those employees not in the trade union, the Health and Safety (Consultation with Employees) Regulations 1996 (as amended) will apply.

In some workplace only one, or both pieces of legislation will apply.

For workplaces where no trade unions are present or recognised, the Health and Safety (Consultation with Employees) Regulations 1996 still apply.  Therefore, an employer has a duty to:

• Consult on the introduction of any measure which may substantially affect their health and safety at work, eg the introduction of new equipment or new systems of work, such as the speed of a process line or shift-work arrangements;
• Consult on arrangements for getting competent people to help them comply with health and safety laws (a competent person is someone who has the necessary knowledge, skills and experience to help an employer meet the requirements of health and safety law);
• Communicate the information on the risks and dangers arising from their work, measures to reduce or get rid of these risks and what employees should do if they are exposed to a risk;
• Discuss the planning and organisation of health and safety training and the health and safety consequences of introducing new technology.

For worker-elected Representatives of Employee Safety, employers must assign representatives adequate resources to ensure the role can be fulfilled.  This includes the required training, time and reasonable assistance where required as well as:

• a telephone and quiet area where they can have private conversations;
• a lockable cabinet or desk for paperwork, records or reference material;
• intranet and internet facilities (if available);
• a photocopier and a notice board to circulate information to the employees they represent;
• time with the employer to discuss health and safety issues.

For assistance and guidance on your role as a duty holder or safety representative or other consultancy services, please do not hesitate to contact Altruisk on 01942 318043