Health and safety representatives

Introduction

The role of the health and safety representative is independent of management. Representatives are there to represent the interests and concerns of their co-workers and respond on their behalf. They provide valuable insight, skills and resources that help employers and their co-workers.

The law sets out what functions representatives have. All representatives, either appointed by trade unions or elected by employees can:

represent the workforce on health and safety generally, or make representations on potential hazards and dangers
attend training courses
have contact with inspectors

Functions of union-appointed health and safety representatives

The law makes it clear that union-appointed health and safety representatives can:

represent employees generally and when you consult them about specific matters that will affect the health, safety and welfare of the employees
represent employees when health and safety inspectors from HSE or local authorities consult them
investigate accidents, near misses, and other potential hazards and dangerous occurrences in the workplace
investigate complaints made by an employee they represent about their health, safety or welfare in the workplace
present the findings of investigations to you
inspect the workplace
with at least one other appointed representative, request in writing that you set up a health and safety committee
attend health and safety committee meetings as a representative of your employees

Representing employees

The key part of any representative's role is to represent their colleagues. For them to do this effectively:

employees need to know who is representing them
the representative needs to keep in touch with the views of the employees they represent

This means that representatives will have to speak to the group of employees they represent regularly, and share information that you have given them.

Representing also involves investigating complaints made by an employee they represent about their health, safety or welfare in the workplace. They can then raise this with you to resolve the complaint.

Representatives can also bring up other health and safety issues of concern with employers. They may have attended a training course about a specific health and safety issue affecting the workplace and want to speak to you about putting into practice some of the suggestions they have brought back.

A representative might have spotted that the way you had agreed to resolve a particular issue was not working as well as expected but - having consulted workers - they could suggest a reviewed approach that could work better.

You need to:

take on board what the representatives have to say
consider what they want to do
explain the reasons once they have decided what to do

Having employee representatives does not prevent you having direct dialogue with the workforce.

Attending training courses

A key factor of success is a representative with good knowledge. Training builds confidence and competence.

Representatives are entitled to paid time for training as is reasonable to acquire the skills and information to represent their colleagues effectively, and understand health and safety issues in the workplace. In determining what is reasonable, refer to the Approved Code of Practice and case law on consulting workers on health and safety. If you refuse a reasonable request to attend training, you could face an employment tribunal.

Training and educating managers, employees, and their representatives is essential if they are to understand the principles of health and safety. Building their knowledge shows them how they can put the principles into practice, which in turn helps improve health and safety.

For more information see:

Contact with health and safety inspectors from HSE or the local authority

Representatives could have several types of contact with health and safety inspectors. They may:

represent employees when health and safety inspectors consult them during an inspection visit, investigation, or other purpose
contact an inspector for information about a health and safety issue in their workplace
contact an inspector to complain about conditions in the workplace. If this is a formal complaint, the inspector will ask if this has been reported to the employer. More generally, inspectors can be contacted anonymously regardless of whether someone is an employee, safety representative, or works in management. An inspector will not reveal someone's name if they want to remain anonymous
receive information from inspectors where it is necessary to keep employees and their representatives informed about matters, including information on action taken by inspectors