Introduction to Fire Safety Management

Introduction to Fire Safety Management
in this way are termed representatives of employee
safety (ROES).)
Where the employer consults with ROES, they must
inform their employees of both the name of the ROES
and the group of employees the ROES represents.
The employer should not consult with ROES where:
➤ The ROES notifi es the employer that they do not
intend to represent the group of employees
➤ The ROES ceases to be employed in the group of
employees they represented
➤ The election period has expired
➤ The ROES becomes incapacitated from carrying out
their functions.
Where the employer discontinues consultation with
ROES, they must inform their employees in the group
concerned. Where the employer has previously consulted
with ROES and then decides to consult with their
employees directly, they must inform both the ROES and
their employees of their decision.
15.21.3 Duty to provide information – regulation 5
Where the employer consults employees directly, they
must also make information available to the employees
as necessary to enable the employees to participate
fully and effectively in the consultation.
The guidance to the HSCWE Regs indicates that
this would include information on:
➤ The hazards and associated risks to health and
safety that may arise as a result of their activities
➤ The preventive and protective measures required for
these
➤ The action employees should take if they encounter
hazards and associated risks.
In the case of consultation with ROES, the employer
must also provide the ROES with any records required
under the Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995 (RIDDOR – see later).
The employer is not required to provide information
which:
➤ Would be against the interests of national security
➤ Relates specifi cally to an individual without their
consent
➤ Could cause substantial injury to the employers’
under taking
➤ Is obtained by the employer for bringing, prosecuting
or defending any legal proceedings
➤ Is not related to health and safety.
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15.21.4 Functions of ROES – regulation 6
Where the employer consults with ROES, they have the
following functions:
➤ To make representations to the employer on potential
hazards and dangerous occurrences at the workplace
which either affect or could affect the group of
employees the ROES represents
➤ To make representations to the employer on general
matters affecting the health and safety of the group
of employees the ROES represents, and in particular
on the matters detailed in regulation 3 above
➤ To represent the group of employees in consultation
at the workplace with appointed enforcing authority
inspectors (either HSE or EHOs).
Note: The above are not legal duties on ROES and they
do not absolve the ROES of their duties as employees
under relevant legislation. It is becoming increasingly
common for employers to involve ROES in safety committees,
critical incident investigation and workplace
inspections in the same way that union appointed safety
representatives are and such good practice should be
encouraged wherever possible.
15.21.5 Training, time off and facilities for
ROES – regulation 7
Where the employer consults with ROES, they must:
➤ Ensure that the ROES is provided with training in
respect of their functions and meet any reasonable
costs associated with this training
➤ Permit the ROES suffi cient time off with pay during
the ROES working hours as necessary for the ROES
to perform their functions or attend training
➤ Provide the ROES with other facilities and assistance
to enable the ROES to perform their functions.
The employer must also permit a candidate standing for
election as an ROES to take reasonable time off with
pay during their working hours to fulfi l their functions as
a candidate.
15.21.6 Civil liability – regulation 9
Civil action for a breach of the HSCWE Regs is precluded
although the ROES may complain to the employment
tribunal where their employer either fails to permit
them to take time off as detailed under regulation 7 or
has failed to pay them while the ROES was either performing
or attending training in their functions.