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Posted By Jeffh
Help, If a safety representative (elected by the union) is attending a training course on a day which they are not normally in work (due to shift rotation) does the employer pay wages for the time attended?
Also, have all the safety representatives the right to attend safety committee meetings or as long as one representative is on the committee the rest is it at the discretion of the employer?
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Posted By Gary Millen
Jeff, Reg 4(2) of the SR&SC Regs provides that the Safety representative is entitled to time off with pay during working hours to attend training. It does not stipulate that the representative should get paid on what would be his normal day off. The schedule to the regulation basically states that he/she is not allowed to lose out on their normal daily pay.
Safety Reps do have an entitlement to attend meetings of safety committees where he/she is attending in connection with any of their functions as outlined in Reg 4(1). It may not be reasonably practicable to ensure that all safety reps can attend a specific committee meeting. Your duty is to consult with the representatives on matters of health and safety. This does not have to be at a specific meeting so long as you consult with them. I would advertise the date of your meeting in advance, invite the safety reps to attend, and hold the meeting whether they all turn up or not! At least you will have taken reasonable steps to allow them to attend. Ideally we should try to get them on board with our efforts in health and safety but should not hold up any of these efforts because some cannot attend.
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Posted By Mike Craven
As far as Safety Committees are concerned, the answer to your two questions are "no" and "no".
Every Safety Rep doesn't have the right to attend every Safety Committee meeting, but who attends isn't a matter for the employer's descretion. The idea is that the employer and the TU agree the terms of reference (including composition) of the Safety Committee - Once numbers are agreed, it is for the unions to decide who will attend. In this respect, H&S Committees are no different from Industrial Relations/Collective Bargaining meetings. For example, our Joint Consultative and Health & Safety Committees both have places for up to 6 union reps. There are more than 6 reps and so the unions decide (usually via the Branch Secretary and JCC Chair) who is going to attend. Having said that, I would always encourage anyone setting-up a H&S Committee to try and get the unions to have "dedicated" Committee members. Or guys wouldn't accept my proposal of having "named" TU reps on the Safety Committee but, to be fair to the TUs, they do tend to send the same people along each time and management/union relationships (as far as H&S is concerned) do seem positive.
Mike
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Posted By Mike Craven
On the point about union safety reps atending training courses when they are not scheduled to be working, I had a chat with one of our TU H&S guys. He says that he did his TUC Stage One training course with a rep who only normally worked mornings - the course was on (full) day release. The TUC tutor advised that the morning worker should claim additional time from her employer, and that the rate of pay should be at normal basic hourly rates of pay?
Mike
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Posted By Jeffh
Thanks for your replies it certainly helps to be able to bounce these questions of other H&S advisors.
We have always had a very good H&S committee and included the union branch secretary and reps, which we have invested a great deal of time and money in training internally and externally. However there has been a change of the branch sec and union reps and unfortunately they are throwing the regs at us which is forcing us to restructure the committee which we feel is detrimental to the H&S culture. It seems silly to have to go through this every time the union has a change, I can understand the regs are in place to protect against company who are not H&S conscientious, but it can also disrupt the a very competent committee every time the union changes.
Again thanks for your help.
Jeff
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Posted By Raymond Rapp
Jeff
From past and present experience I will add the following:
It may be preferable to give TU reps an alternative rest day if their TUC course falls on their day off. I believe the onus is on the company to regard it as a day of work, whatever the case.
Best practice is to agree with TU reps who should sit of the h&s committee, normally areas within the company are divided so as not to duplicate, such as for quarterly inspections. Therefore committees can be divided and sub-divided depending on the size of the company.
The ACOP suggests that there should be an equal proportion between managers and TU reps on h&s committes for obvious reasons.
Regards
Ray
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