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#1 Posted : 16 July 2002 14:14:00(UTC)
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Posted By Patrick Duffy I have raised this question before, do employers have to inform Trade Union H&S Reps when ther has been a notifiable accident involving there members? My employer says they do not have to inform TU H&S Reps when there is a notifiable accident/incident. The HSE/C can not give me a straight answer. If this is the case that an employer does not have to inform TU H&S Reps, surely this makes a nonsense of the SRSC Regulations 1977, which say that TU H&S Reps have a legal right to invetigate accidents/incidents. So how can I carry out my legal function if I am not informed. Pat and Josh
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#2 Posted : 17 July 2002 00:03:00(UTC)
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Posted By Raymond Rapp Pat & Josh As you responded to my thread I thought I would take the trouble to see if I could answer your question. Upon checking my SR&SC Regs (Bible) I have come to the following conclusion; Yes is the answer. Regulation 4 (1) (a) defines the principle " to investigate potential hazards and dangerous occurences at the workplace (whether or not they are drawn to his attention by the employees he represents) and to examines the causes of accidents at the workplace. The important factor is in brackets, it is implicit that it is regardless of whom informs you, you are still entitled to investigate. Also, Regulation 4A 2 Again the principle is ..."every employer shall provide such facilities and assistance as safety representatives may require for the purpose of carrying out their functions" etc. Clearly your functions include accident and incident investigation. I suugest that you request in writing to your employer that you wish to be notified in writing of an accident involving any one of your memebers. then your employer would be obliged to comply with your request under Regulation 4A 2. regards Ray (ex ASLEF H&S Rep)
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#3 Posted : 17 July 2002 00:12:00(UTC)
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Posted By Raymond Rapp i knew there was something else. Regulation 7, ACOP 6(c) states " information which the employer keeps relating to the occurrence of any accident, dangerous occurrence or notifiable industrial disease and any staistical records relating to such accidents" etc. Although a ACOP is not a 'regulation' as such it still carries significant legal status. Ray
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