Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Stegalloway123  
#1 Posted : 10 May 2018 19:00:26(UTC)
Rank: Forum user
Stegalloway123

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)  | Reason: slight mistake

nickpatience1  
#2 Posted : 11 May 2018 00:00:24(UTC)
Rank: Forum user
nickpatience1

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.

Roundtuit  
#3 Posted : 11 May 2018 19:39:16(UTC)
Rank: Super forum user
Roundtuit

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.

Roundtuit  
#4 Posted : 11 May 2018 19:39:16(UTC)
Rank: Super forum user
Roundtuit

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.

Stegalloway123  
#5 Posted : 11 May 2018 19:43:51(UTC)
Rank: Forum user
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
Kate  
#6 Posted : 12 May 2018 08:06:28(UTC)
Rank: Super forum user
Kate

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!

sachin khanna  
#7 Posted : 02 June 2018 15:42:13(UTC)
Rank: New forum user
sachin khanna

That looks good to me

RayRapp  
#8 Posted : 02 June 2018 18:57:14(UTC)
Rank: Super forum user
RayRapp

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?

sachin khanna  
#9 Posted : 19 June 2018 10:07:23(UTC)
Rank: New forum user
sachin khanna

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
Ackashaun  
#10 Posted : 19 June 2018 10:47:56(UTC)
Rank: Forum user
Ackashaun

Originally Posted by: Stegalloway123 Go to Quoted Post
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.

Ellis  
#11 Posted : 19 June 2018 12:07:16(UTC)
Rank: Forum user
Ellis

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.

Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.