Posted By Simon Carrier Good day Our Union rep is always harping on about an exemption/immunity for Union Safety Reps. I have had a look through the Safety rep and Safety committee regs but canot find any reference to it. Can anyone point me in the right direction or let me know what they are immune from and why. Thanks

Posted By Simon Carrier Thanks for the info. Would this immunity also apply to non Union memebers?

Posted By T Phillips I was told this number of months ago by a union rep. IE 'You can't prosecute me - I'm immune..' When I asked him what from, he became a little more vague so I thought about it for a while. My conclusions being: 1. If he acts in a criminal manner - he is liable to prosecution - just like anyone else. 2. He is not responsible for conducting nor implementing the requirements of risk assesments, so is unlikely to be in a position of liability. 3. During his work, he is covered by vicariuos liablity - just like everyone else. However, see point 1. 4. His role is not to advise fellow employees how to implement risk assesments nor to develop 'safe systems of work'. If he feels current systems are wrong, they can stop and raise with the managers (see point 2). The roles of a union rep are well defined - and there job is not to manage health and safety. Therefore, taking the above into account, if they are working within these guidaleines, the only reason he is likely to be prosecuted is if they act in a criminal manner.

Posted By MichaelM This is with respect to their roles as TU Safety Reps representing the H&S Committee and any H&S issues they bring to the table etc. More importantly from reading this thread, Simon what is a memeber and John what is snactioned?!? Just curious Michael

Posted By Simon Carrier All Thanks for the replies and info. Apologises for the fingger trouble Simon

Posted By Mike Hines Simon, Your rep is referring to SRSC 1977 Reg 4 (1), HSE’s L87 SRSC acop words it better; “14 It is provided in the Regulations that no function given to a safety representative shall be construed as imposing any duty on him other than duties he may have as an employee under sections 7 and 8 of the Act. For example, a safety representative, by accepting, agreeing with or not objecting to a course of action taken by the employer to deal with a health or safety hazard, does not take upon himself any legal responsibility for that course of action. In addition, the Commission have directed that the Health and Safety Executive shall not institute criminal proceedings against any safety representative for any act or omission by him in respect of the performance of functions assigned to him by the Regulations or indicated by the Code of Practice. Similar arrangements have been made with the other enforcing authorities.” Reps are told of this at thier stage one training, some misinterpret it to give them blanket immunity, if they are performing tasks in their normal employed role they are subject to Section 7&8 HSWA. To my knowledge as yet civil law has not produced any contradictory case law. As you know this is not of course the case for Health and safety advisors/mangers While you might not always agree with the reps, you should not discount them as there is the potential for them to produce evidence to the HSE of in action, and look out for the Union Improvement notice scheme. A positive safety culture and good consultation is the best approach, after all we are all after the same thing, a safe and health workplace. Cheers Mike (One of those safety reps !!)

Posted By John Murgatroyd http://www.tuc.org.uk/extras/brownbook.pdf

Posted By J Knight What the guidance says is this 'In addition, the Commission have directed that the Health and Safety Executive shall not institute criminal proceedings against any safety representative for any act or omission by him in respect of the performance of functions assigned to him by the Regulations or indicated by the Code of Practice. Similar arrangements have been made with the other enforcing authorities.' This seems to be a blanket statement covering prosecution by HSE under any head. However, it doesn't absolve a rep from the law at any time other than when they carrying out 'functions assigned', even then I think, as I have said, that common law duties of care would still apply, though IANAL, JOhn

Posted By Stuart Nagle In issues where they state this, common sense usually.... Stuart