Posted By Darren J Fraser
From my copy of HASWA 1974 etc Chapter 37 reprinted 1991 (must get an up to date copy)

Section 2

Part 5 - Regulations made by the secretary of State may provide for the election in prescribed cases by employees of safety representatives from amongst the employees in consultations, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and may have such other functions as prescribed.

Part 6 - It shall be the duty of every employer to consult such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

The Safety Representatives and Safety Committees Regulations 1977 - concerned with the appointment by recognised and independent trade unions of safety representatives, the functions of the representatives and the establishment of safety committees.

The Health and Safety (Consultation with employees) Regulations 1996 - employers must consult any employees who are not covered by the above regs, this may be by direct consultation with employees or through representatives elected by the employees they are to represent.

Hope this helps with your query

Posted By Adrian Watson
Darren that was Section 2 Subsection (2) para (5)

Section 2 Subsection (5) states:

General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.

5. (1) It shall be the duty of the person having control of any premises of a class prescribed for the purposes of section 1(1)(D) to us the best practicable means for preventing the emission into the atmosphere from the premises of noxious or offensive substances and for rendering harmless and inoffensive such substances as may be so emitted.

(2) The reference in subsection (1) above to the means to be used for the purposes there mentioned includes a reference to the manner in which the plant provided for those purposes is used and to the supervision of any operation involving the emission of the substances to which that subsection applies.

(3) Any substance or a substance of any description prescribed for the purposes of subsection (1) above as noxious or offensive shall be a noxious or, as the case may be, an offensive substance for those purposes whether or not it would be so apart from this subsection.

(4) Any reference in this section to a person having control of any premises is a reference to a person having control of the premises in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not) and any duty imposed on any such person by this section shall extend only to matters within his control.

This was repealed by the EPA 90.

Regards Adrian Watson

Posted By steve e ashton
Tony, it is my recollection that 2.5 was intended to extend the duty to consult to those employers who operated non-unionised environemnts/workforces. The TUC at the time objected strenuously, insisting that only TU reps should be consulted. So 2.5 was never enacted, although the rest of section 2 was too far advanced to be renumbered...

The Safety Reps & Committee Regs '77 were made under and take authority from Section 2.4

Subsequent regs on Consultation with employees '96 were NOT made under S2.5 HSWA, rather they take authority from section 2.2 of the European Community Act '72.

Hope this helps clarity?

Steve

Posted By Tony Brunskill
Thanks all, it was s2(5) I was interested in, sorry if my initial post was a little misleading Adrian.