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#1 Posted : 13 February 2006 10:36:00(UTC)
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Posted By Jennifer Kelly
Morning all -

I just wanted to check that I am interpreting the Health & Safety (Consultation with Employees) Regulations 1996 correctly.

Under these regulations is it purely the choice of the employer as to whether they communicate directly with employees or via elected representatives? Do the regulations give employees any say at all in this choice?

Thanks

Jennifer
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#2 Posted : 13 February 2006 10:49:00(UTC)
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Posted By Frank Hallett
Hi Jennifer
YES - the employer decides.
NO - the employees have no direct means of influencing this decision by the employer.

Frank Hallett
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#3 Posted : 13 February 2006 11:07:00(UTC)
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Posted By Jonathan Sandler CMIOSH
Has this regulation not been superseded by the Consultaion and Information of Employees Regulations 2005?
Regards
Admin  
#4 Posted : 13 February 2006 11:16:00(UTC)
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Posted By Jennifer Kelly
Good question - has it?

I cannot find anything about it on the HSE website - only on the DTI website.
Admin  
#5 Posted : 13 February 2006 11:23:00(UTC)
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Posted By Jonathan Sandler CMIOSH
Would suggest the you speak to the DTI, they can be very useful.
Regards
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#6 Posted : 13 February 2006 11:36:00(UTC)
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Posted By Frank Hallett
Dear Jennifer & Jonathon

The answer to Jonathon quesation is NO.

The Regs mentioned by Jonathon are Employment legislation based and not H&S.

Another example of different Govt depts not getting their Act [!!] together and producing potentially confusing legislation 'cos of the names.

Frank Hallett
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#7 Posted : 13 February 2006 11:45:00(UTC)
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Posted By Kieran J Duignan
While empathising with Frank's observation about 'Another example of different Govt depts not getting their Act [!!] together and producing potentially confusing legislation 'cos of the names', I regret to have to comment that government are not obliged to co-ordinate legislation to make its implementation more management.

The Regulatory Reform Act empowers Parliament to resolve the conflict which Jonathan has highlighted but, so far, it deems other matters, such as Fire Safety, of greater importance.

In practice, this does mean that, as Frank implies, an employer is obliged to create a culture that makes it possible to manage the difficulty. It also means that
A. both HR and OSH professionals face the challenge of greatly widening the range of legislation they attend to
B. the systems of training, assessment, chartering and CPDof both the CIPD and of IOSH need to be updated to reflect changes in legislation.
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#8 Posted : 13 February 2006 11:46:00(UTC)
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Posted By David P. Johnson
The H&S Consultation regs apply to ALL organisations, and only to health and safety management.

The 'other' Consultation regs apply only to SPECIFIED organisations, but then to all areas of undertaking that may effect employees.

David
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#9 Posted : 13 February 2006 12:04:00(UTC)
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Posted By Jonathan Sandler CMIOSH
Basicly jennifer you might wish to get INDG 232 Consulting employees on health and safety, good guidance, relevant? it might be.
Regards
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