Legal rights of safety reps

Where an employer has a recognition agreement with the GMB the union can appoint Safety Representatives under the Safety Representatives and Safety Committee (SRSC) Regulations 1977. These regulations provide rights for trade union Safety Representatives in the following areas:

Workplace inspections

Employers must allow Safety Representatives to inspect the premises:

  • at least once every three months;
  • after accidents, incidents of disease or dangerous occurrences;
  • when there is a substantial change in the conditions of work; or
  • where new information is published by the Health and Safety Commission (HSC) or Health and Safety Executive (HSE) relevant to hazards in the workplace

Investigations

Safety Representatives have the right to investigate:

  • potential hazards;
  • accidents, near misses and potential cases of work-related ill health; and
  • complaints raised by members

Information

Employers must make available to Safety Representatives all relevant health and safety information “within the employer’s knowledge”. There are some small exceptions to this rule.

Training

Safety Representatives have the right to paid release in the employer’s time to attend TUC or GMB health and safety training. Such training has been shown to be effective and is often superior to management training on health and safety.

Safety committees

Where two or more Safety Representatives make a request in writing the employer must set up a safety committee. This committee must be set up three months from the date of the request.

Consultation

The employer must consult with Safety Representatives “in good time” with regard to:

  • any change at the workplace affecting the health and safety of members;
  • the appointment of any health and safety specialists or consultants
  • any health and safety information the employer provides for employees;
  • the planning and organisation of any health and safety training by the employer; and
  • the introduction of new technologies

“In good time” means that Safety Representatives should be approached about changes before they happen. They must be given adequate time to consult with their members and then to discuss the response with managers/

Paid time off

Safety Reps have a right to paid time off:

  • to carry out inspections, investigations, and attend safety committees.
  • to consult with members and managers.
  • To attend union approved training courses
  • to consult with enforcing authorities (HSE Inspectors and Environmental Health Officers) when they visit the workplace.

Facilities

The SRSC Regulations require employers to provide “provide such facilities and assistance as Safety Representatives may reasonably require for the purposes of carrying out their functions.” These facilities should include:

  • a dedicated room with a desk and telephone to carry out interviews and write up report;
  • use of the workplace photocopier and phone;
  • typing/word processing facilities;
  • a trade union health and safety notice board; and
  • use of internal mailing system