HSE tells inspectors how to enforce safety rep regs

The Health and Safety Executive (HSE) have produced an Inspection Topic Pack on worker involvement for HSE and LA inspectors explaining what they should do to encourage consultation and to enforce the regulations.

HSE says there is strong evidence to suggest that involving the workforce in health and safety matters has a positive effect on health and safety performance and worker involvelment has been identified as a 'key plank' of the HSC's strategy. Sadly, however, it looks as if HSC is unlikely to recommend improvements to the consulation regulations following the recent consulative document on the issue.

This makes the new inspection topic pack even more important. It marks a signficant shift in HSE policy. Previous advice was for inspectors to avoid getting involved in enforcement of the consultation regulations.

The topic inspection pack has been designed to help inspector in HSE and Local Authorities to:

-   understand what is meant by “worker involvement”;

-   understand the legal requirements to inform and consult workers, along with the policy position on enforcing those requirements; 

-   determine when discussion of worker involvement is appropriate; and promote the  benefits  of involving workers.

It points out that some parts of the regulations, e.g. the time off for training or for carrying out safey rep functions, are not enforced by the inspectors. Reps having problems with these rights may need to go to an Employment Tribunal.

However other areas covered by the regulations such as forming safety committees or providing information to reps are ones where enforcement action may need to be considered. According to the guide 'Where there is no system for consulation, the employer is uncooperative or unwilling to address the issue, and there are identifiable adverse effects for health and safety, enforcement action may be appropriate.'

The guide advises inspectors to talk to workers and managers to establish whether there is good consultation and effective involvement.

Usdaw along with other unions and the TUC have been pushing HSE to do more to encourage worker involvement and to enforce the consultation regulations. We also believe that HSE and LA inspectors should contact safety reps in the workplace when they visit and inform them of the outcome of inspections. If you are a safety rep don't forget to use the Usdaw model letter to inspectors to tell your local inspector that you exist.

The inspection topic pack - Worker Consultation and Involvement, December 2006 - can be found at:

http://www.hse.gov.uk/foi/internalops/fod/inspect/workerinvolve.pdf

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