Posted By Nigel
I have been approached by the site director at a unionised site (about 60%) as to whether he could have non-union safety reps ("reps" of employee safety)on the safety committee.

Apart from possible union objections I can see nothing actually wrong with this, and it would allow the site to "consult" with the whole of the workforce.

As anybody got any experience of similar situations, or advice as to the way forward.

Thanks in advance.

Posted By Lance Morgan
I think the Health and safety(Consultation with employees) Regulations 1996 covers this group of staff. SI 1996 No.1513 requires employers to consult, either directly or through elected representatives, with those employees who are outside the statutory arrangements for recognised trade union appointed representatives.

Posted By Bryn Maidment
Lance is correct re the legislation in that it requires organisations to consult with all employees.

Union reps are straight forward. Union appointed and trained they represent the appointing Union's members only.

Employee reps may simply be appointed by non uion employees to represent them e.g. on safety committees. However the issue of their training is a relevant one thrown up by Union reps. In order to be effective they need to understand what safety is generally about and have some key qualities (common sense, articulate and interest).

I continue to offer local training sessions for such appointees and have had such appointments onto the Safety Committee with success.

The Unions don't really have much choice in the matter and probably feel that their power is being eroded further by interlopers.

Posted By Mark Preston
My reading of the Health and Safety at Work Act is that safety representatives appointed by trade unions represent all employees in the workplace they're appointed to represent - not just the members of the union that appointed them. This is the HSE's guidance...


"How should consultation take place?

"The Safety Representatives and Safety Committees Regulations (SRSCR) 1977

"If an employer recognises a trade union and that trade union has appointed, or is about to appoint, safety representatives under the SRSCR 1977, then the employer must consult those safety representatives on matters affecting the group or groups of employees they represent. Members of these groups of employees may include people who are not members of that trade union.

"The Health and Safety (Consultation with Employees) Regulations (HSCER) 1996

"Any employees not in groups covered by trade union safety representatives must be consulted by their employers under the HSCER 1996. The employer can choose to consult them directly or through elected representatives."

While it might be desirable to seek to appoint reps of employee safety in areas where there is no safety representation, you might have a recipe for conflict where there are effectively two reps - representing the same employees - but with different accountabilities - beware.