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#1 Posted : 05 September 2006 12:31:00(UTC)
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Posted By James Lumsden
Hi

I have recently been in a health and safety meeting and the shop stewards were put out that management bought a new machine, without asking their input on it. The machine is made within the EU and is fully covered under PUWER, I did the risk assessment and have been aware of the machines purchase since the decision was made to purchase.

they told me that they have to be consulted under current regulations, I cant find one that says this is the case. Anyone out there that has been in this position, all advice, comment is welcome.

thanks in advance
Jim
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#2 Posted : 05 September 2006 12:39:00(UTC)
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Posted By Ian Mitchell
Of course, the Health and Safety (Consultation With Employees) regulations 1996.
Cheers Ian M
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#3 Posted : 05 September 2006 12:51:00(UTC)
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Posted By Jane Purser
Hiya,

Further information can be found in the Health & Safety at Work etc Act 1974 Section 2, paragraphs 4, 6 and 7. Full details of Health & Safety Representatives role and functions can be obtained in the "Safety Representatives and Saftey Committees Regulations" - try Regulation 4A specific for Employers duty to consult... etc.

Hope this helps.

Cheers
Jane

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#4 Posted : 05 September 2006 13:19:00(UTC)
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Posted By James Lumsden
Thanks for the input

The machine isnt new technology and it wont affect the health and safety of the workforce in a detrimental way (it will be improved with better guarding and so on)

There wont be any change which may substantially affect their health and safety at work, in procedures, equipment or ways of working.

It was that they told me they MUST be consulted on new machinery that comes through the door before it happens, I do get on well with our Reps by the way, so it isn't a give me something to beat them up with (well maybe)

Thanks again for your input
Jim
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#5 Posted : 05 September 2006 15:13:00(UTC)
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Posted By John Murgatroyd
the employer shall consult those employees IN GOOD TIME on matters relating to their health and safety at work and, in particular, with regard to—
(a) the introduction of any measure at the workplace which may substantially affect the health and safety of those employees;
(b) his arrangements for appointing or, as the case may be, nominating persons in accordance with regulations 6(1) and 7(1)(b) of the Management of Health and Safety at Work Regulations 1992[5];
(c) any health and safety information he is required to provide to those employees by or under the relevant statutory provisions;
(d) the planning and organisation of any health and safety training he is required to provide to those employees by or under the relevant statutory provisions; and
(e) the health and safety consequences for those employees of the introduction (including the planning thereof) of new technologies into the workplace
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#6 Posted : 05 September 2006 17:02:00(UTC)
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Posted By Ian Mitchell
Hi again. It wasn't that your machine was in any way hazardous, as it sounds like an improvement as you rightly say. The union reps were just making the point that they had a legal right to be consulted if only so they could be aware. The decision on whether or not to consult isn't really the companies to make. Would have mentioned the SRSC '77 regs but missed the point about being union safety reps specifically. Regards Ian
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