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#1 Posted : 27 February 2002 19:41:00(UTC)
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Posted By Phil Douglas Does anyone have views on the level of training required for union safety representatives and how far an Employer should go in allowing time off for training? I have recently had cause to consider these questions. The organisation I work for is large and has many Union Safety Representatives, several have requested and been allowed paid time off to undertake the TUC Part 1 and 2 Safety Course. Several have now asked for further time off to attend the TUC part 3 course, which leads to an IOSH Certificate. I am sure like me all Safety Practitioners fully support Union Safety Representatives being appropriately trained, however we also have to advise Management when a request is made for time off for H&S training. Time off for training is, of course, a legal requirement under the SRSCR 77, however how far does an Employer go? i.e. If a Safety Representatives has had time off and completed a TUC part 1 and 2 course, is an Employer legally required to allow paid time off to attend a Part 3 course, or beyond? Diploma Part 1, MIOSH etc? The HSC Code of Practice which accompanies SRSCR 77 recommends that a Safety Representative should be given time off with pay to attend basic training as soon as possible after their appointment and that further training should be undertaken where the representative has special responsibilities to meet changes in circumstances or legislation. Which I take to mean train your Safety Representatives in basic safety, safety related to the organisation, and keep them up to date. Case law has determined that courses do not have to be TUC courses and the employer can run ‘in house’courses, (White v Pressed Steel Fisher 1980). I have the view that an employer who has allowed time off to attend H&S training to TUC parts 1 and 2 (or equivelent) has probably more than complied with the law. However, as many Safety Practitioners will know refusal leads to disgruntled Safety Representatives and threats of Employment Tribunals! Any views appreciated. Please note it's not that I don’t support Safety Representatives being trained to TUC level 3 or becoming Tech SP’s. Safety Representatives in my experience are of great value in any workplace, and keep management on their toes! But organisations with many Reps may want to set a level, based on the training needed to carry out the function.
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#2 Posted : 27 February 2002 23:06:00(UTC)
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Posted By Tony Gibson Phil I agree with you, the level of training you provide is sufficient. In my experience the additional training is often requested in order to 'move-on' within the safety profession. NOT always the case I'm sure, however! Regards Tony G MIOSH
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#3 Posted : 28 February 2002 05:55:00(UTC)
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Posted By Ged Phil, Is training not an ongoing process? Surely safety reps should be up to date with changing legislation etc. In a lot of places reps are expected to train other members of the workplace via presentations and talks etc. This could be construed as an in-house course, but presentational skills need to be acquired to carry them out. In this day and age IT skills are also expected of reps, these are not part of basic H&S requirements or courses as far as I am aware. I would be inclined to think that it is horses for courses on this one, (no offence or pun intended.)
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#4 Posted : 28 February 2002 09:13:00(UTC)
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Posted By Phil Douglas Thanks for responses Tony and Ged. This one is a bit of an old chestnut. Training Safety Reps and keeping them up to date, goes without saying, and should be a given in all organisations. I agree with Tony’s point, higher-level training is starting to lead to career changes. I notice from the TUC Webb site that many Reps who have taken the Part 3 course have turned professional. Which is great, I know many Safety Practitioners who started out as Safety Representatives, lets face it, you have to be interested in the subject to be a Rep, in my experience not many Union members are that keen on becoming a Rep, its sometimes looked on as a hassle. However, there becomes a point in any training, where the benefits to the Employee, start to outweigh the benefits to the Employer, and if the training is part job related, good Employers will find ways to help, part funding and days off etc. The law doesn’t really specify qualifications for Safety Practitioners as ‘Competent Persons’ so it’s not going to be found for Safety Representatives. Which still leaves the question of the level of training for a Rep. I note that the TUC’s Job Specification for the Worker Safety Advisers has now been agreed and they seeking potential WSA’s who have completed Stages 1 and 2 of the TUC’s Health and Safety Course. So they have set their Safety Representative qualification for the Pilot scheme and its not at the higher level TUC level 3, and duties of a WSA are likely to be more onerous that of a Safety Representative. As I said in my earlier post, I am in the position of advising management on requests from Reps for further training, and although it would be really nice to say yes all the time. Operationally losing key staff members who are Reps for long periods is a real issue. It also sets precedence for others, i.e. “she had training to that level, so I want it as well!” Having thought long about this, I believe if an organisation can demonstrate that they have given a training, or allowed time off for, training, that meets the functions of the Safety Representative as outlined in the Regulations, and has some mechanism for keeping Safety Reps up to date, relating to the significant safety issues of the industry that they are employed in. Then that should be more than enough to comply with the law. In the event of an employer being taken to an Employment Tribunal by a Representative when higher-level training has been refused, these factors would have to be demonstrated. Higher-level training for Safety Reps, is probably best considered in the same way as any other vocational training course, in the same way as a Safety Practitioner doing an MSc level qualification. If an Employer can assist someone in these circumstances, then that’s great, but not all will be large enough or have the funds.
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#5 Posted : 28 February 2002 22:37:00(UTC)
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Posted By PatrickT Phil, you have a good point about the amount of training and the requirements. However being in the same position as some of your representatives and recently gaining TechSP, via the same route, I came across the "time off" scenario. 12 months down the line I have produced 3 workplace related assignments and a project which has influenced the way in which my employer conducts the H&S element of the induction process, freeing up the Safety advisors time. Have you not heard of learning for life schemes? whatever is to replace the ILA? the cost of these courses are mainly bore by the Government. The employer is only providing time off for study. Does your company not have IIP, enevitably your employer is making an investment in a member of staff this in itself is developmental thus improving that member of staff chance of progression within the organisation. (Not afraid of a bit of competition, ha ha) Allowing time off and encouraging TU Reps to improve themselves in order to promote a positive safety culture is cheaper in the long run, where can you buy-in a positive Safety Culture. How are the accident Stats? Are your insurance Premiums coming down? Is productivity up? How is morale? What would the Shareholders think to not getting a dividend, due to having to pay it out in compensation? Investing in a member of staff instills loyalty and if this is not the case and staff are unhappy with their lot at least at the end of the day they can say "but they are red hot on Health and Safety" and the gratefull shareholders can sip on their Chardonay in the knowledge that you and your reps are working safely towards their next divi cheque. I realise you are on the horns of a dilema and some of my remarks may appear to be flippant but I am sure you will reach a decision that your colleagues will "Live" to see. kind regards Patrick Teyhan
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#6 Posted : 01 March 2002 08:53:00(UTC)
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Posted By Ashley Williams Just to open a new can of worms. If you were to refuse the level 3 course what would you defence be if one of the union safety representatives visited the local Job Centre collected an IT1 form and took you to an Industrial Tribunal as is their right for refusal of a request related to the SRSC 1977, im sure they wouldnt for a first refusal but what about later on? Ashley
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#7 Posted : 01 March 2002 10:10:00(UTC)
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Posted By Phil Douglas All good points Patrick, I am pleased that you found a route through to becoming a Safety Practitioner. Yes, it would be an ideal world if companies put safety first all the time and had the resources to do so, some have but still don’t and that’s a culture issue. A good safety practitioner is also a good sales person, and should sell the very points you make along side the advice on how to comply with the law. I doubt if there is a practitioner around that hasn’t had to battle with these issues. Often companies just want compliance, perhaps as a minimum, I have encountered many who are happy to role along with the minimum, and if they are complying with the law, then that’s fine. At the end of the day, we as Safety Practitioners have to give advice, yes we can balance the minimum with all the other things that we would want, and know from evidence are the best way forward. This is the way I often advise, but final decisions are with the Management, and that’s the way it should be, someone has to consider the options and decide on the best way forward, that’s part of changing safety culture. This very issue has been tested at an Employment Tribunal, and the Tribunal found in favour of the Safety Rep, who was refused time off, their decision based on the circumstances at the time. The details can be found on the Internet. Phil
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#8 Posted : 02 March 2002 09:26:00(UTC)
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Posted By James Kennedy Hi folks, Reading through the post on this subject I am thinking that we must be behind the times here. I work for a very large American company with a good safety culture. The elected safety reps only get one week off of work to attend a safety reps course, organised by the union. I have not heard of them attending any other type of course regarding same. Having said that, if the rep wanted to take part in a course outside the union or company, the company would look upon it favourably and pay the cost. On your own time though. Am I missing something? Rgds., James
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#9 Posted : 02 March 2002 10:39:00(UTC)
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Posted By Raymond Rapp As a former H&S Rep and working for a large organisation you may be interested in my experience. I have completed TUC stage 1,2 & 3 courses. We have an agreement where H&S Reps are allowed to attend with pay stage 1 in their first year, stage 2 in the second year, and in principal stage 3 in the third year. This would seem to have some modicum of common sense and has been agreed by all parties. This may be considered a 'best practice' example. Ray Rapp TechSP
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#10 Posted : 03 March 2002 08:28:00(UTC)
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Posted By Phil Douglas An agreement that worked in your company Ray, however it still leaves the question, what is the level needed to do the job? Should the minimum be Tech SP? Should it be dependent on industry? i.e. the higher risk industries require a more qualified and experienced Safety Reps. Do the Safety Representatives and Safety Committee Regulations and associated ACOP and guidance imply a higher-level qualification for Safety Reps? I don’t feel they do. It appears that many people replying have been trained as Safety Reps, and are now in safety careers, which perhaps indicates that in training the Safety Rep, the Employer is funding a career change. Perhaps that’s not intentional on the Reps part and is dependent on individual circumstances. I have also know Employers putting Safety Reps through higher level training, as essentially they are getting an unpaid Safety Adviser out of it, which perhaps works in both parties favour. Again, I am not against Reps doing higher level training at all, but when advising Employers, Safety Practitioners advice should, in the first instant, be based on the law. Phil MIOSH RSP
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#11 Posted : 04 March 2002 13:51:00(UTC)
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Posted By Richard Surely this is essentially a union position, and it is up to the union to decide the level of training it wishes its appointed reps to have, and there are procedures in place for this training. If an employee, union rep or not, wishes to obtain further training, then that is a matter between the employee and the company. An officially recognised shop steward will be given training by the union, but if he or she then wants to obtain a degree in employment law, that is surely a personal matter. Richard
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#12 Posted : 08 March 2002 14:06:00(UTC)
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Posted By Brian J Sutherland What a conundrum! Firstly, I would advise my employer that there should be no differential on the training made available to either employer or employee safety reps, whether they take it up is their individual decision. Secondly, I concur with Phil’s view and would also say that in accordance with the 1977 regs this training need only be "basic" unless they have "special responsibilities". Thirdly, I would ensure we used the appropriate industrial relations machinery irrespective whether there was agreement or not on the level of training required. Following this course of action I believe would place the employer in the position that when the Safety Reps advocate to undertake a level and choice of training that the employer disagrees with, the employer could refuse. The TU reps would then have to demonstrate that the employer had acted unreasonable and also why, either to the HSE or an ET. Brian
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#13 Posted : 10 March 2002 15:56:00(UTC)
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Posted By Paddy Have any of the respondents quoting the Safety Reps Regs actually read them. Under the Regs further training is required where "it would be necessary to meet changes in circumstances or relevant legislation." I would suggest that since 1977 there has been quite a bit of "relevant legislation", and if a Safety Rep is to properly carry out his or her functions (as set out in the regs), then they will need training in all aspects of Health and Safety Law. Safety Reps are volunteers and often work on Safety issues in their own time. Yet in their capacity as a representative of the workforce they may be dealing with Safety professionals who have the luxury of dealing with OSH on a daily basis, and who may be very well qualified (academically that is). It is only fair that Safety Reps have the opportunity to gain sufficient knowledge for them to be able to represent their members properly. Although TUC Stages 1 & 2 are very good there is only so much you can learn in a 10-day course. TUC Stage 3 (The TUC Certificate in Occupational Safety & Health) is altogether different. It is a day release course for 1 year. As well as attending college for 1 day students have to put in approximately 10 hours per week of home study. To go back to the original question posted then I think that the most reasonable solution is to negotiate a certain number of days per rep per year that can be used to study whichever approved course they want. I would suggest 20 days per rep per year a starting point. This problem is not restricted to the TUC 3 course. For example, as more and more information is available via the Internet then reps will need training in computer literacy in order to carry out their functions properly. Learning of any subject should be seen as a continuous process and as the world of OSH changes then so do the learning needs of both Safety Reps and Safety professionals.
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#14 Posted : 03 April 2002 10:01:00(UTC)
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Posted By Adrian Clifton If you still require any further info, I have a copy of an industrial tribunal case that rules in favour of further training (TUC Cert). If you would like to e-mail your address to adrian.clifton@boots.co.uk I will gladly send you a copy.
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