Posted By Crim
I quote from a letter I received today from a Client, they received the letter from HSE Inspector:

"As part of your duty under the above regulations, you should have safety representatives and safety committees in place."

My Client is a construction contractor and does not have safety reps. Not that he does not want any it's just that no one has volunteered. He does consult his employees on health and safety matters, actually he is a good employer!

Is the HSE Inspector correct ?

Posted By Crim
His employee was involved in an accident on site, as a sub contractor.

The site was not notified as CDM but should have been.

HSE inspector visited the site following uo the accident report under RIDDOR. and so on........

Posted By Darren J Fraser
The above Regs are specific to the appointment of trade union safety reps.
Obtain a copy of the ACOP and HSE Guidance notes for a more detailed breakdown of the Regs, below is a brief synopsis (of 3 Regs)

Reg 1 - Interpretation - recognised independent TU as defined Section 30(1) of the TU and Labour Relations Act 1974.

Reg 3 - Appointment - A recognised independent TU may appoint safety reps from among the employees (exception in mines), in all cases where one or more employees are employed by an employer by whom it is recognised.

Reg 4 - Functions - (just a few of them)
To investigate potential hazards and dangerous occurrences at work
To investigate complaints by an employee that they represent
To make representations to the employer on matters arising from the above 2 points
To carry out inspections
To receive info from inspectors
To Make representations to the employer on general matters relating to H&S of the employees
To attend meetings of safety committees

Any employer shall permit the appointed safety rep to take time off with pay during working hours fro the purpose of
Performing their functions
Training in aspects of their functions (paid for by the relevant TU)

The H&S (Consultation with Employees)Regs 1996

Under the above Regs, employers must consult any employees who are NOT covered by the Safety Reps / Committees Regs.

The employer can consult directly with the employees or through representatives elected by the employees they are to represent.

The guidance accompanying the above Regs states -

Which employees must be involved
The info they must be provided with
Procedures for the election of reps
Training, time off and facilities they must be provided with
Their functions whilst in office.

However if your client is struggling to get any volunteers, the best they can do is provide information in the form of posters or handouts. If they do provide handouts, would advice that all employees complete a sign off sheet to demonstrate that they have been given the information.

Posted By Crim
Thanks for the replies, all of which agree with my thoughts.

The HSE Inspector must be mistaken!

Posted By Tony Gladman
Just another thought....under the safety rep & safety committee regs....I beleive there is only a requirement to set up a committee when requested to do so by two or more employees....