You can still use some of the same methods to consult representatives that you would use to consult individuals, for example one-to-one meetings with the relevant representative, if appropriate. It is best to consult representatives through a proper forum. You can do this in a number of ways, for example:
- have a dedicated health and safety committee. They are effective if you have several representatives for different groups, larger numbers of employees, both union-appointed representatives and employee-elected representatives, or representatives responsible for more than one site
- you may already be consulting your employees about other issues affecting the business and workforce through systems like a joint consultative committee or works council. You may decide these are suitable ways to consult your employee representatives about health and safety matters too. However, give proper consideration to health and safety matters and do not just add them to a lengthy agenda which cannot do them justice
For more information about joint consultative committees and works councils visit the Acas guidance on consultation.
Investigation and inspection
Health and safety representatives appointed by trade unions have prescribed functions, which you can involve them in including:
It is good practice to involve workforce-elected representatives in joint investigations and inspections too.
Investigating accidents, hazards and complaints
Agree a system for informing the representative if an incident occurs and involve them in investigations as soon as possible. Such incidents can be vital signals that your way of preventing or reducing risks and dangers is not working. Proper investigation can show you where the weaknesses are so you can work towards improving the measures you take.
Following a reportable incident:
Employers must make sure that:
- they tell the representatives of the action taken and confirm this in writing if they have to take urgent steps to safeguard against further or immediate dangers
- the representatives see and take copies of relevant documents which employers have kept as part of their records for health and safety management so they can carry out inspection and examination of reportable incidents
Health and safety representatives must make sure that:
- when they examine any machinery, plant, equipment or substance in the workplace relevant to the incident, they must not interfere with any evidence that could disturb or destroy factual evidence before a health and safety inspector has thoroughly investigated the incident. Representatives should only inspect once it is safe and appropriate to do so. These inspections could include visual inspection, and discussions with those who know about the circumstances of an incident
- when they ask employers for relevant documents for inspection, they should consider reasonable time and circumstances that employers may face in producing such documents
There may be rare occasions when you need technical expertise outside your business. You and health and safety representatives should decide together where to find such expertise, for example, a university department, technical college, or trade association.
If representatives want to have their own technical advisers, they should agree this with you in advance, although it is advisable to co-operate together with the same competent person. In this case any report or information that the representatives get about specific health and safety matters from their own technical advisers must be shared with you.
Data protection
Where an individual has consented to disclosing their information, you can share the following with health and safety representatives:
- name of the person
- date, time and place of the incident
- nature of the incident
Accident report forms should include consent for disclosure to a third party for you to inform representatives. This is usually a signed form, perhaps with a tick box or declaration that they have given their permission to share information in the accident record. You can use HSE's Accident Book BI 510 to record accident information in your organisation.
If you do not have consent to share information in the accident record, you can give health and safety representatives anonymous information about the incident. In this case you should consult your employees and their representatives about arrangements to share information so that you can make the best use of the information but also meet data protection requirements.
Inspections of the workplace
Formal inspections can take different forms and you and your representatives will need to agree the best methods for your workplace. Here are some of the ways inspections can take place.
- safety tours - general inspections of the workplace
- safety sampling - systematic sampling of particular dangerous activities, processes or areas
- safety surveys - general inspections of particular dangerous activities, processes or areas
- incident inspections carried out after an accident causing a fatality, injury, or near miss, which could have resulted in an injury, or case of ill health and has been reported to the health and safety enforcing authority
Sample forms
Sample forms you and your safety representatives may find helpful are available on the HSE website for:
- recording that an inspection by a safety representative has taken place (Form F2534)
- notifying you that there are unsafe or unhealthy conditions or working practices, and unsatisfactory arrangements for welfare at work (Form F2533)
Where a health and safety representative has drawn your attention to the findings of an inspection they have carried out, you should consider the matter and decide what appropriate follow-up action should be taken.
How inspections should be carried out
Union-appointed health and safety representatives can inspect the workplace. They have to give reasonable notice in writing when they intend to carry out a formal inspection of the workplace, and have not inspected it in the previous 3 months. If there is substantial change in conditions of work or HSE publishes new information on hazards, the representatives are entitled to carry out inspections before 3 months have elapsed, or if it is by agreement.
The frequency of inspections will depend on the nature of the work. Inspections may be less often, for example, if the work environment is low risk like in a predominantly administrative office. But if there are certain areas of a workplace or specific activities that are high risk or changing rapidly, more frequent inspection may be justified, for example on a construction project.
Following-up after an inspection
After an inspection:
- explain the reasons for any follow-up action you decide to take to your representatives
- let the representative who notified you of the inspection have the opportunity to inspect again so they can check if the issues raised got appropriate attention, and record their views
- share the follow-up action taken throughout the workplace and other relevant parts of the business, including the health and safety committee where there is one
There may be times when action may not be appropriate, you may not be able to act within a reasonable period of time, or when the action you take is not acceptable to your safety representatives. It is advisable to explain the reasons for the action you have decided to take in writing to your representatives. You can even use the sample inspection form and report form on the HSE website to do this.
You remain responsible for taking decisions about managing health and safety, but by explaining the reasons for actions and being open with your representatives, you can show that you have considered what they had to say.