Consultation with Employees Flashcards
What are the two key organisational requirements for consultation?
Co-operation and communication
ROBENS COMMITTEE REPORT
Which led to HSWA
The Involvement of Work People
Statutory Requirement to Consult
List the key benefits from consultation
Better employment relations between workers and employers
Workers feel more involved and are more likely to co-operate with their employer
It creates a safer and less stressful environment, which contributes to a good safety culture
Name the two regulations concerned with consultation principles
Safety Representatives & Safety Committees Regulations 1977
Health and Safety (Consultation with Employees) Regulations 1996
What is the requirement for Trade Union Appointed Representatives and what is the procedure for establishing these? What are the requirements of an Employer with regard to Safety Reps?
Section 2(4) HSWA states that Safety Reps may be appointed, under the SRSCR, by recognised trade unions. These regulations are accompanied by an Approved Code of Practice and Guidance Notes.
The Reps are chosen from the employees. They are usually selected from persons who have at least 2 years experience with their employer or in a similar employment, but this is not mandatory. The Employer must give the Rep time off with pay for the purpose of carrying out his/her functions as a safety rep, and for training.
A duty lies with the Employer under HSWA to consult the Rep(s). This is not an optional requirement, it is an ABSOLUTE one.
Safety reps have functions rather than duties. They cannot be prosecuted for not specifically complying with a function.
List the functions of Safety Representatives
The main function is to represent the employees in consultation with the employer
Investigate potential hazards and dangerous occurrences and examine the cause of accidents at the workplace
Investigate health, safety or welfare complaints by an employee they represent
Make representations to the employer on matters arising out of complains or hazards etc.
Carry out inspections
Represent employees in consultation with HSE inspectors
Receive information from inspectors
Attend safety committee meetings
List the rights and entitlements of Safety Representatives
Time off with pay to carry out functions
Time off with pay for necessary training
To be consulted in good time by the Employer on: The introduction of measures that would substantially affect the H&S of employees, arrangements for getting a competent person to help the employer comply with H&S requirements, Information to be given to employees on workplace risks and preventive measures, Planning and organising of H&S training and H&S consequences of new technology planned to be brought into the workplace.
Access to documents and other information
What are representatives unable to do?
Reps do not have the powers to stop either work or machinery, they may only advise on such matters
Under what circumstances may a Safety Rep inspect the workplace?
If they have not inspected it within the previous three months
Where there has been substantial change in the conditions of work
After a RIDDOR reportable event
Representatives have the power to receive information, under SRSCR, from Employers.
Under what circumstances may an Employer refuse to provide information?
It is against the interests of national security
It would contravene a prohibition imposed by, or under, an enactment
Relates specifically to an individual, unless the individual consents to its disclosure
Other than for its effects on H&S, would cause substantial injury to the undertaking
Has been obtained by the employer for the purposes of bringing, or defending, any legal proceedings
Under what circumstances may Representatives complain to an Employment Tribunal?
Employer has not allowed him time off for the purpose of carrying out his functions or receiving training
Employer has failed to pay him for his time off
What are the functions of Non-Union Reps?
Making representatives to the employer on potential hazards and dangerous occurrences which could affect the employees he or she represents
Making representations to the employer on general H&S matters which may affect the H&S of the employees they represent
Representing their group of employees in consultations with enforcing authority inspectors
What are the rights and entitlements of Non-Union Reps?
Time off with pay for functions
Time off with pay for training
To be consulted by the employer for the following: Introduction of any measure substantially affecting the H&S of the employees concerned, The appointment of persons nominated to provide H&S assistance and assist in emergency procedures, Any H&S information the employer is required to provide to the employees or the safety reps by or under relevant statutory provision, the planning and organisation of any H&S training the employer is required to provide by or under any relevant statutory provision, The H&S consequences of the introduction of new technologies into the workplace.
To be provided with information from the employer: As is necessary for full and active participation and carrying out of functions AND from RIDDOR reports.
Under what circumstances is an Employer not required to disclose information to Non-Union Reps?
Does not relate to H&S
Is against the interests of national security
Would contravene any prohibition imposed under any legislation
Relates specifically to an individual; unless that individual gives his/her consent
Would damage the employers undertaking, or the undertaking of another person where that other person supplies the information
Has been obtained by the employer for the purpose of any legal proceedings
List some opportunities for consultation could take place between management and employees; without peer pressure groups
Discussion Groups Safety Circles Departmental Meetings Employee Discussions E-Mail & Web-Based Forums
What are the limitations (behavior focused) associated with consultation?
Peer Pressure
Danger of Tokenism
Potential Areas of Conflict
