Safety Representatives
1) Legal right to appoint safety representative(s)
- Employees have the right to select and appoint at least one safety representative who can consult with their employer on health & safety issues (S. 25 of the 2005 Act).
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It might be beneficial to have more than one safety representative where, for example:
- There is a large workforce
- The company has a large premises or different sites
- A diverse range of activities take place within the one organisation
- Workers are employed on different shifts etc.
- The appointment of more than one safety representative has to be agreed with the employer.
2) Rights of Safety Representatives
The appointed Safety Representative has a number of specific statutory rights. These include the rights to:
- Carry out safety checks at the workplace (subject to suitable arrangements being agreed with the employer)
- Make representations to the employer about workplace health and safety issues
- Immediately inspect the scene of an accident or dangerous occurrence or any place where an ‘imminent danger’ is present
- Investigate the circumstances of any accident and dangerous occurrence (some restrictions apply)
- (After giving reasonable notice to the employer) investigate complaints made by an employee
- Accompany a HSA Inspector on his or her workplace inspection
- Liaise with other safety representatives in the same company.
Note: The safety representative is not subject to any more stringent safety obligations than those that apply to employees generally.
3) Obligations of the employer
As an employer, you must properly consider any representations made by the safety representative and, so far as is reasonably practicable, take appropriate action to deal with the issues.
Where possible, you should respond to all such representations in writing.
You must also:
- Allow the safety representative(s) time off work – without loss of pay – to carry out their tasks and to receive training in their role
- Make suitable facilities available (e.g. meeting rooms, photocopiers etc)
- Tell the safety representative when an HSA Inspector calls to inspect the workplace
4) General consultation obligations
You are expected to consult with your employees (or their safety representatives) about:
- Any proposed measures likely to substantially affect their safety, health or welfare at work.
- The results of hazard identification and risk assessments.
- The preparation of the Safety Statement.
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The names of:
- Information on reportable accidents and dangerous occurrences
- The planning and organising of training
- The introduction of new technology and the implication for workplace health and safety that may follow its introduction.
