Posted By Phil D Surely this individual is not allowed to call himself if they have no training or refuse training. I recently took a glimps at the unions brown book, their safety reps "bible". In that it states clearly that recognised reps have to comply, undertake training, and keep up to date with regulations? So my understanding is that if they are little or no use, or in your case, a possible liability, I personally would approach the union directly and get their input. But with regard to recognising him, I certainly wouldn't. Maybe someone more experienced than I will have a different opinion, so watch this space.

Posted By Raymond Rapp Alan It it some years since I thumbed through the SRSC Regs 1977 (the bible), however it is my understanding that if the safety rep is appointed by their TU, then you are legally obliged to accept them 'warts and all'. All new reps will obviously take some time in becoming familar with their new role. Ideally, they should be enroled asap on a TUC approved h&s course (Stage 1). Should they refuse any external or internal training you could discuss with them their committment or as previously suggested, contact their TU direct. Ray

Posted By mark limon I would read the Safety rep regs. As an ex senior shop steward and safety rep I would say its not your right to set the level of training, qualifications and competency of union appointed safety reps.My opinion is you are legally obliged to recognise him/her. All my fellow safety reps at the time undertook extensive training provided by the union (paid release by the company)and inhouse training by the company .This was all voluntary I do find that some companies are worse than others in co-operating in the training of safety reps.Is your company good at this???,do they provide paid release for training??. I undertook a 10 day tuc course,a 5 day in house course,2 residential union courses of 5 days.As a teamleader now the company has paid for me to attend an inhouse course to attain Nebosh certificate and a 5 day manual handling course.Neither were necessary for my job.I have found that if the company is enthusiatic about safety like mine,the reps usually are,and vice versa.hope this helps. http://www.tssa.org.uk/a...-47.php3?id_article=1002

Posted By Phil D Apologies chaps, I was referring to the fact they are untrained, and avoid training. So to clarify, would you still have to recognise them as safety reps if they have a total disregard for safety? I am in the same position in that a union member, a self-appointed safety rep, flounts every safety rule on site, and is an all round obstruction if he has got out of the wrong side of bed. Does he need to be recognised, or can he just be removed from the committee whether he likes it or not? (I have just taken over the role of safety manager on site so have no clue how he got on the committee in the first place)

Posted By Phil D Thank you Simon, they are my sentiments exactly. I have little or no experience with unions and so was wary to take action without advice. Kind regards, Phil

Posted By Alan Hoskins TU Safety Reps have to be appointed by a recognised TU and their names notified to the employer in writing. A

Posted By Maggie Atterbury A TU Safety Rep has to be appointed by his or her Union, preferably after an election, although often there is not more than one candidate! The TU then has to write to the employer and inform them of the appointment. The role of the safety rep is to represent their member's interests in consultations with employer, the inspection of the premises and the investigation of accidents - they have no official company role or responsibility, but are responsible only to the members that they represent. It is normal and sensible practice for the union to arrange initial and update training for Reps, but if they refuse to atend, then it is for the union to resolve, it is not for the employer or a manager to determin their competence. Have you spoken to your union Branch Chair or regional Officers about the problems you are facing? Where two or more safety Reps request in writing that a safety committee is set up, then the employer must do so as part of the consultation process and it it my experience that safety committees can be a very useful and effective tool in safety management. There is no necessity for every Safety Representative to be on a safety committee, but their numbers should always exceed the number of management representatives. The safety committee is principally for consultation purposes rather than safety management, although it in practice they may be combined. There is however nothing to stop you setting up a safety management committee as well as the consultation committee, although you should, of course send the minutes to the consultation committee. The Safety Rep's 'immunity' only extends as far as their Rep's duties go and, like everyone else, if they flout safe working practices etc then they should be subject to normal disciplinary procedures

Posted By Ian Goddard Tech IOSH According to the SRSC (regulation 3) the entitlement to appoint safety reps is the prerogative of independent trade unions which enjoy employer recognition. Regulation 3 imposes the following conditions: Where "reasonably practicable" a safety rep should have a minimum of two years’ employment with their current employer or at least two years "experience in similar employment" Safety reps should be employees in the workplace where they perform their duties If an employer recognises a union for other purposes but declines to recognise a safety rep, the rep should, in the first instance, inform his or her union, as the employer are ignoring their legal obligations under the SRSC regulations. An employer must be notified in writing of the names of the union appointed safety reps. The regulations do not stipulate the precise number of safety reps that should be appointed, leaving this to negotiation between unions and employers, but the brown book does offer "appropriate criteria": Regulation 7 states that "appointed safety representatives will need to be given information and knowledge over and above that necessary for employees generally to enable them to play an informed part in promoting health and safety at work". Regulation 4 exempts safety reps from any legal liability when discharging their safety functions. The Trade Union Reform and Employment Rights Act 1993 enhanced the position of safety reps (and employees) by granting them protection if they are unfairly treated or suffer a detriment because they: Object to unsafe conditions Perform designated health and safety duties Propose to vacate, or actually vacate, their workplace Propose to take action against a perceived "serious or imminent danger" This protection is applicable irrespective of length of service or hours of work. Claims can be heard in an employment tribunal. Although the law does not require tribunals to reinstate workers who have been dismissed following a health and safety dispute, safety reps should always request reinstatement, as successful compensation awards will be greater if the employer declines. There are three situations where an HSE inspector may intervene in disputes involving safety reps: Where an employer fails to accept the appointment of a safety rep by a recognised trade union Where an employer fails to provide adequate information and facilities Where an employer ignores the request to discuss the establishment of a safety committee with the trade union following a written request from two safety reps Although an employer has an obligation to listen to and consult safety reps, there is no legal mechanism available to compel an employer to implement safety rep’s recommendations.

Posted By ITK As a former TU safety Rep myself, I would say why are you both pulling in opposite directions when surely you both want the same thing. Go for a coffee together away from your office and talk through what you both see each others role as and how you can help each other. A TU Safety Rep can be a very good asset to a Safety Manager, my former Safety Manager used to ask me to raise things at safety committee for him and I got lots of good information in return! Furthermore he gave me a damn good reference when I left!