Rank: Forum user
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Hi, any advice appreciated. The issue = No sight of risk assessments for around 8 months
Background
I am the union appointed health and safety rep in my workplace (Rail industry) and currently face a few issues whilst representing the carriage cleaners.
We have recently been tupe'd to another firm ( 8 months ago) but before this tupe we had an excellent intranet with our old employer. This intranet could be accessed internally and externally, form laptop to mobile and contained all relevent safety documents from policies to RA.
Since the Transfer I havent had sight of these risk assessments. I have been told they have been standerdised with a change of company name at the heading but nothing else as changed. I believe this has issues in itself but this has been raised in another topic.
I have emailed the safety manager, safety adminstrator and the IT guys but still having no luck . They seem to keep passing me from pillar to post.
As a safety rep....how would you approach this situation....
Edited by user 10 May 2018 19:02:31(UTC)
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Rank: Forum user
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I was a TU safety rep for quite some time.
Is the Union recognised by the employer? You seem to have asked informally for the sight of these documents without success. I would seek the advice of your full time union safety person before you go further. You could ask for the information again - this time stating formally as a Safety Representative that it was necessary for the performance of your functions under the Regulations to inspect and take copies of the information. You need to give the employer reasonable notice. (See Regulation 7(1) of the Safety Representatives and Safety Committees Regulations 1977). You may also find what other reps have done at the TUC's Union reps forum https://unionreps.org.uk/ If you haven't had the TUC safety rep training then I would consider doing it as it can help you deal with these types of situations.
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Rank: Super forum user
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Previous post started with the right question - is the Union you act as Safety Representative for recognised by this new employer? You really need assistance from your Union in this matter especially if they were recognised by the old employer as they should have been involved with the TUPE discussions to ensure continuity for their membership.
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Rank: Super forum user
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Previous post started with the right question - is the Union you act as Safety Representative for recognised by this new employer? You really need assistance from your Union in this matter especially if they were recognised by the old employer as they should have been involved with the TUPE discussions to ensure continuity for their membership.
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Rank: Forum user
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Thanks is for replies
Yes the union is recognised by employer.
I am the safety rep appointed under the safety representatives and safety committees regs 1977
I have been told these RA are the same as before transfer of company however I have had no sight of these.
Steve
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Rank: Super forum user
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I don't have any additional suggestions beyond what Nick has said above, I just want to say that this is incredibly bad practice by the employer!
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Rank: New forum user
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Rank: Super forum user
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As an exTU H&S Rep I would concur with the comments so far - put in a formal request in writing and copy in your head office. Don't know the timescales of the TUPE but I suspect the previous RAs have not yet been passed over or they still contain the previous employer's logo and details.
Has there been any material changes to working practices?
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Rank: New forum user
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I was a TU safety rep for quite some time. Is the Union recognised by the employer? You seem to have asked informally for the sight of these documents without success. I would seek the advice of your full time union safety person before you go further. You could ask for the information again - this time stating formally as a Safety Representative that it was necessary for the performance of your functions under the Regulations to inspect and take copies of the information. You need to give the employer reasonable notice. (See Regulation 7(1) of the Safety Representatives and Safety Committees Regulations 1977). You may also find what other reps have done at the TUC's Union reps forum https://unionreps.org.uk/ If you haven't had the TUC safety rep training then I would consider doing it as it can help you deal with these types of situations. ________________________________________________________________
Sachin Khanna Best Self Propelled Lawn Mower | Best Zero Turn Mower
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Rank: Forum user
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Originally Posted by: Stegalloway123 Thanks is for replies
Yes the union is recognised by employer.
I am the safety rep appointed under the safety representatives and safety committees regs 1977
I have been told these RA are the same as before transfer of company however I have had no sight of these.
Steve
Hi Steve.
Am I reading this right,You are the safety rep and not the shop steward?. The only reason I ask this is that I am a shop steward (GMB) and EHS coordinator on site and if any of the safety reps come to me with an issue regarding cases like this I then seek the management out, I explain the law to them and the safety reps legal rights.If you are a union rep then you can get the union H&S officer involved if necessary, (it never gets that far as they usually give in to that) What I am getting at is if you are not the union rep, get your shop steward to seek out management as they tend to have more clout in my experience as the management often fob safety reps off, which is wrong.
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Rank: Forum user
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Hi
Get together with another rep and request (in writing) a H&S committee meeting to be held. Your employer has to set one up within three months of receiving that request.
This should really be your next step before reaching out to the union for support and should be your platform for requesting access to the risk assessments the Committee meeting should also be documented.
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