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Introduction to Fire Safety Management

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Figure 3.8 <strong>Safety</strong> representatives have a right <strong>to</strong> conduct<br />

inspections of the workplace quarterly.<br />

(b) The particular workplace hazards and the<br />

measures necessary <strong>to</strong> eliminate or minimise<br />

the risks deriving from these hazards<br />

(c) The employer’s health and safety policy, as he<br />

is included in it somewhere<br />

2. To encourage cooperation between the employer<br />

and his employees in promoting and developing<br />

essential measures <strong>to</strong> ensure the health and safety<br />

of the workforce and in checking the effectiveness<br />

of these measures<br />

3. To investigate:<br />

(a) Hazards and accidents in the workplace,<br />

specifi cally those which are reportable <strong>to</strong> the<br />

enforcing authority and<br />

(b) Employee complaints relating <strong>to</strong> health, safety<br />

and welfare<br />

4. To carry out inspections in the workplace, with a<br />

right <strong>to</strong> do so every three months<br />

5. To alert the employer, in writing, <strong>to</strong> any unsafe or<br />

unhealthy working practices or conditions, or unsatisfac<strong>to</strong>ry<br />

arrangements for welfare at work<br />

6. To represent the employees <strong>to</strong> whom he has been<br />

appointed in consultation with HSE inspec<strong>to</strong>rs<br />

and any other enforcing authority. This may be as<br />

a result of an accident, an employee complaint or<br />

simply a routine visit by the inspec<strong>to</strong>r<br />

7. To receive information from HSE inspec<strong>to</strong>rs regarding<br />

site visits, fi ndings of inspections or investigations,<br />

and any future action <strong>to</strong> be taken.<br />

8. To request the formation of a safety committee<br />

(two or more representatives must make the<br />

request).<br />

9. To attend safety committee meetings in connection<br />

with the previous items.<br />

Organising for safety<br />

A recurring theme throughout these regulations is that<br />

the employee representatives have the right <strong>to</strong> perform<br />

certain functions, and the employers are then required<br />

<strong>to</strong> provide them with such facilities and assistance as<br />

they may reasonably require them <strong>to</strong> carry out.<br />

Specifi cally, an employer must:<br />

➤ Provide time off with full pay <strong>to</strong> enable the representative<br />

<strong>to</strong> carry out his functions and <strong>to</strong> undergo<br />

such safety training as may be required. There is no<br />

statu<strong>to</strong>ry requirement determining the type or level<br />

of training required, but guidance suggests it should<br />

be appropriate <strong>to</strong> the level and type of risks encountered<br />

within the workplace in question<br />

➤ Provide information which the representative may<br />

need <strong>to</strong> fulfi l their functions. The guidance notes <strong>to</strong><br />

the regulations suggest that this should include:<br />

(a) Information about the plans and performance<br />

of the workplace, with particular regard <strong>to</strong> any<br />

proposed changes which may have health and<br />

safety implications<br />

(b) Technical information about hazards in the<br />

workplace and the precautions necessary <strong>to</strong><br />

overcome them. This might include safety manuals,<br />

materials safety data sheets, manufacturers’<br />

instructions, etc.<br />

(c) Records of any accidents and diseases and statistics<br />

relating <strong>to</strong> these<br />

(d) Any other information which would be relevant,<br />

for example results of inspections, air moni<strong>to</strong>ring,<br />

risk assessments, noise surveys, etc.<br />

In general, the functions laid down for union appointed<br />

safety representatives under the SRSC are taken as a<br />

recommendation for the conduct of non-union appointed<br />

representatives. To properly deal with representatives<br />

from these other workplaces it is necessary <strong>to</strong> look at<br />

the regulations which were introduced <strong>to</strong> include them<br />

in the consultation process.<br />

The Health and <strong>Safety</strong> (Consultation with<br />

Employees) Regulations 1996 (HSCER)<br />

The HSCER covers consultation with employees who<br />

are not in groups covered by trade union elected safety<br />

representatives. These employees can be consulted<br />

directly or through their own elected representatives (the<br />

consultation method should be one suitable <strong>to</strong> all the<br />

parties involved).<br />

Employers’ duties<br />

Where there are employees who are not represented by<br />

safety representatives under SRSC, the employer has <strong>to</strong><br />

consult those employees or their elected representatives<br />

(representatives of employee safety) on matters relating<br />

47

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