HSE and Trade Unions

Trade Unions are one of HSEs key stakeholders. HSE has, and will continue to work with unions in partnership on a range of activities. Below are some examples of this.

1. We have built mutual understanding. For example, we:

• Created a worker involvement programme to provide a specific team within HSE that is responsible for promoting consultation with trade unions and their members by employers
• Worked with the TUC to deliver workshops for HSE policymakers on working more closely with trade unions in developing and delivering policy
• Ensured that our campaigns such as ‘Backs’ and ‘Watch Your Step’ involved trade unions and were relevant to workers as well as employers
• Arranged for a secondment from the TUC to the worker involvement programme to help build trust and understanding between the organisations
• Set up regular ‘keep-in-touch’ meetings between HSE and TUC policy staff
• Commissioned research on the effectiveness of trade union safety representatives in promoting health and safety messages
• Provided, through the WSA Challenge Fund, access to funds for trade unions, with others to help stimulate more worker involvement, particularly in the unorganised sector.

2. We have strengthened the legal framework. For example, we:

• Published a consultative document, including a summary version aimed at workers, on (amongst other things) changes to the law on worker consultation that could see more powers for safety representatives
• Worked with the Home Office to reform the law relating to the offence of corporate manslaughter
• Won Government commitment to:
  • Remove the Crown’s immunity from enforcement action when Parliamentary time allows; and
  • Consider doing this as part of the Corporate Manslaughter Bill
• Won Government commitment to increase the maximum penalties available for health and safety offences
• Published case studies about health and safety management that recognise the importance of worker involvement. Where TUs were recognised, they supported the actions going on in the organisations.
• Commissioned and analysed research on the role that directors play in improving health and safety. The Commission is, as a result, looking at the options for strengthening directors’ role.
• Proposed clear and credible guidance for directors on health and safety, as supported by the TUC.
• Made two changes to guidance for Inspectors about:
  • Prosecuting individuals generally and;
  • Making it clear that HSE considers it appropriate for the Courts to consider disqualifying directors where it is legally possible, and that Inspectors should remind the Court that it has this additional power.

3. We have delivered better information. For example, we:

• Published guidance for employers on how to consult and involvement workers on health and safety matters. Employees can use this guidance as a tool to persuade their employers to improve consultation. (Previous guidance was only about what the law requires rather than how to do it.)
• Allowed the TUC to publish the Approved Code of Practice on the Safety Representatives and Safety Committees Regulations (the ‘Brown Book’) on the internet for training purposes
• Jointly with the TUC, published the leaflet “Your Health, Your Safety”, on basic health and safety rights for workers, in more than 20 languages
• Published guidance on sickness absence and returning to work for safety representatives – the first guidance produced specifically for safety representatives by HSE
• Published a new version of the accident book that allows employers to give safety representatives copies of accident reports, where the victim agrees
• Published and updated workers’ web pages, providing information for safety representatives and employees
• Provided briefings for trade unions on specific issues such as ‘Workplace Health Connect’
• Provided articles for Union journals on specific issues when requested