Your duties to health and safety representatives

As an employer, you have a duty to:

allow representatives paid time to perform their role and do training
provide facilities and assistance
provide information
if you recognise trade unions, set up a health and safety committee if 2 union-appointed representatives request it in writing

Allow paid time off

If you have union-appointed health and safety representatives or representatives elected by employees in your workplace, then you have a duty to:

let them have time with pay during their normal working hours as is necessary to carry out their functions
let them have time with pay as is necessary to be trained to perform their functions, as reasonable in the circumstances

Training for health and safety representatives is vital to enable them to carry out their roles effectively. Follow the provisions in the regulations, set out in Consulting workers on health and safety - Approved Code of Practice and guidance (L146). This is very important, because failure to allow paid time as is necessary to attend training or perform their roles could result in an employment tribunal.

If you have a union-appointed health and safety representative, the trade union will arrange and pay for their training and relevant travel and subsistence costs in most cases. Sometimes, they may ask for employers to pay some costs, for example if the trade union is providing joint training on behalf of the employer.

Unions will decide what training their appointed health and safety representative will need, but there does need to be agreement between you and the unions on how the training is arranged to ensure smooth running of your business.

If you have elected representatives, then you have to pay the reasonable cost of their training - including travel and subsistence.

During the election, you also have to allow candidates reasonable time with pay to carry out their functions as a candidate.

Provide facilities and assistance

You must provide your representatives with facilities they may reasonably need to carry out their functions. Although the needs of health and safety representatives will vary one from workplace to another, in general you should make sure they have access to equipment and assistance such as:

a telephone and office area where they can have a private and confidential conversation as part of their role
suitable storage space for paperwork, records or reference material such as a lockable cabinet or desk
intranet and internet facilities
communication and distribution facilities such as a photocopier and a notice board to circulate information to the employees they represent
time with you or senior management to discuss health and safety issues whenever the need arises

You should also allow representatives to have facilities for investigation of hazards, complaints, and incidents, including private discussions with employees. This does not mean that you or your management representative cannot be on the premises at the time of the investigation.

Provide information

You must provide any health and safety information that will let your health and safety representatives fulfil their functions. You should already have relevant health and safety information as part of your health and safety management system, such as copies of risk assessments or accident records.

You do not need to:

present this information in a different format and provide it as a separate package, or
get hold of additional information specifically for your employee representatives

Health and safety representatives appointed by trade unions may ask to inspect and take copies of any document relating to workplace health and safety, or to employees they represent. However, this does not apply to a health record of an identifiable individual unless they have given consent.

You should give your employees and representatives information that lets them understand:

what the risks and dangers are for their work, or could be if there are changes to their work which will affect health and safety
what is done, or will be done to reduce or stop the risks and dangers
what they ought to do when they come across a risk or dangerous situation
who the competent person is

By law, you do not have to give employees or their representatives any information that:

would be against the interests of national security or against the law
is about someone who has not given their permission for it to be shared
would harm the business (except for reasons of its effect on health, safety or welfare)
is connected with legal proceedings