The role of the representative of employee safety

In non-unionised workplaces where there are no safety representatives or in a workplace that has trade union recognition but either the trade union has not appointed a safety representative, or the union safety representative does not represent the whole workforce, the Health and Safety (Consultation with Employees) Regulations 1996 will apply. These state that the employer must consult with their employees directly or through elected representatives of employee safety.

A representative of employee safety is an employee, elected by the workforce to represent them in consultations on health and safety issues. Their employer must consult them ‘in good time’ on matters relating to their health and safety at work.

Representatives of employee safety (RES) have functions under the law to:

• represent the interests of workers to the employer;
• approach the employer regarding potential hazards and dangerous occurrences at the workplace;
• approach the employer regarding general matters affecting the group of employees they represent.

RESs are also entitled to speak for the group of employees they represent in consultation with inspectors from the enforcing authorities and are legally entitled to paid time off for training, which must be paid for by employers.

The key aim of an RES is to ensure that the views of the workforce are effectively reflected to managers before decisions on health and safety matters are taken.

To be effective, RESs should:

• have the confidence of the people they represent;
• be able to communicate effectively;
• not be a ‘management mouthpiece’;
• be able to fulfil the role of an RES;
• have an interest in health and safety;
• be comfortable dealing with people.

Any disagreements between employers and employees about the interpretation of the Regulations should be resolved through the normal ways of resolving employment relations disputes within the organisation. In certain circumstances it may be helpful to involve the Advisory, Conciliation and Arbitration Service (ACAS).