1977 regulations

If you recognise trade unions in any part of the business:

  • the Safety Representatives and Safety Committees Regulations 1977 will apply;
  • the trade union may appoint health and safety representatives (referred to as "safety representatives" in the regulations); and
  • you must consult the union-appointed health and safety representatives on health and safety matters affecting the employees they represent. (See What to consult them about?[110])

You may have:

  • different representatives from the same union for different parts of the business;
  • different representatives from different unions for different parts of the business;
  • union representatives representing employees who belong to other unions by agreement with the other unions; and
  • union representatives representing employees who are not union members

Union-appointed health and safety representatives

Functions of union-appointed health and safety representatives.[111]

Recognised unions and employers should discuss and agree how many representatives to appoint. The number of health and safety representatives will depend on different factors. If there are disagreements that need to be resolved, use your existing employment relations processes or contact Acas[112].

The nature of your business could mean that you and trade unions will have to be more flexible about the group or groups of employees represented and the number of representatives suitable for your workplace, for example:

  • when there are rapidly changing situations and conditions in a workplace as work develops, or frequent changes in the numbers of employees (eg on building and construction sites, in shipbuilding and ship repairing, docks, and factories)
  • if most of your employees go out to their actual place of work somewhere else but report back to you (eg goods and freight depots, builders' yards, and service depots of all kinds)
  • if a workplace in one location has a wide variety of work activities going on (eg retail stores, hospitals, and manufacturing plants)
  • workplaces with very high process risks (eg construction sites at particular stages like demolition or excavations, and some chemical works and research establishments)
  • if most employees are employed in low-risk activities, but where one or two processes or activities or items of plant have special risks connected with them
  • where there is a mix of direct employees and others in the workplace, such as contract and agency workers
  • where there is a mix of employees who are members of trade unions and those who are not.

Experience of representatives

Normally, trade unions will write to tell you who the appointed health and safety representative is, and make it clear which groups of employees the representative is representing. An appointed representative should usually have worked for you for the previous two years, or had at least two years experience doing similar work. This is to ensure they will have a level of knowledge that allows them to make a responsible and practical contribution to the health and safety effort.

There may also be times when it is not practical to appoint a representative with two years' experience in your organisation or in the job. For instance if:

  • you are a new employer or the location is newly established;
  • the work is of a short duration; or
  • there is a high turnover of employees.

In such cases, trade unions will appoint the most appropriate representatives, taking their experience and skills into account.

If two or more union health and safety representatives ask in writing for a health and safety committee, you must set one up within three months (See Health and safety committees: Setting them up and making them work[113]).

Link URLs in this page

  1. Worker involvementhttps://www.hse.gov.uk/involvement/index.htm
  2. The basicshttps://www.hse.gov.uk/involvement/basics.htm
  3. Health and safety representativehttps://www.hse.gov.uk/involvement/hsrepresentatives.htm
  4. Overview - Preparehttps://www.hse.gov.uk/involvement/prepare/index.htm
  5. Talk to your employeeshttps://www.hse.gov.uk/involvement/talktoyouremployees.htm
  6. Facts and figureshttps://www.hse.gov.uk/involvement/factsfigures.htm
  7. Overview - What the law sayshttps://www.hse.gov.uk/involvement/prepare/law/index.htm
  8. Which regulations applyhttps://www.hse.gov.uk/involvement/prepare/law/flowchart.htm
  9. 1977 regulationshttps://www.hse.gov.uk/involvement/prepare/law/1977.htm
  10. 1996 regulationshttps://www.hse.gov.uk/involvement/prepare/law/1996.htm
  11. Both regulationshttps://www.hse.gov.uk/involvement/prepare/law/bothregs.htm
  12. Employment protectionhttps://www.hse.gov.uk/involvement/prepare/law/empprotection.htm
  13. Overview - Gain commitmenthttps://www.hse.gov.uk/involvement/prepare/commitment/index.htm
  14. How to encourage employees to be health and safety representativeshttps://www.hse.gov.uk/involvement/prepare/commitment/encemployees.htm
  15. Overview - Union-appointed repshttps://www.hse.gov.uk/involvement/prepare/union/index.htm
  16. Representhttps://www.hse.gov.uk/involvement/prepare/union/represent.htm
  17. Attend training courseshttps://www.hse.gov.uk/involvement/prepare/union/attendtraining.htm
  18. Contact with inspectorshttps://www.hse.gov.uk/involvement/prepare/union/contact.htm
  19. Workforce-elected repshttps://www.hse.gov.uk/involvement/workerelectedreps.htm
  20. Overview - Elections for representativeshttps://www.hse.gov.uk/involvement/elections/index.htm
  21. How many representatives?https://www.hse.gov.uk/involvement/elections/howmany.htm
  22. How often will elections take place?https://www.hse.gov.uk/involvement/elections/howoften.htm
  23. Encourage and involve employeeshttps://www.hse.gov.uk/involvement/elections/encourage.htm
  24. Fair and open electionhttps://www.hse.gov.uk/involvement/elections/fairandopen.htm
  25. Overview - Prepare-good practice tipshttps://www.hse.gov.uk/involvement/preparetips/index.htm
  26. Consult your workforcehttps://www.hse.gov.uk/involvement/preparetips/norep.htm
  27. Joint involvementhttps://www.hse.gov.uk/involvement/preparetips/jointinv.htm
  28. Don't decide for your workershttps://www.hse.gov.uk/involvement/preparetips/decision.htm
  29. Reflect diversityhttps://www.hse.gov.uk/involvement/preparetips/diversity.htm
  30. Train your repshttps://www.hse.gov.uk/involvement/preparetips/reptraining.htm
  31. Give it timehttps://www.hse.gov.uk/involvement/preparetips/time.htm
  32. Shared perspectivehttps://www.hse.gov.uk/involvement/preparetips/training.htm
  33. Overview - Planhttps://www.hse.gov.uk/involvement/plan.htm
  34. Factors to considerhttps://www.hse.gov.uk/involvement/factorstoconsider.htm
  35. Overview - What to consult abouthttps://www.hse.gov.uk/involvement/whattoconsult.htm
  36. A competent personhttps://www.hse.gov.uk/involvement/competentperson.htm
  37. Risk assessmentshttps://www.hse.gov.uk/involvement/riskassessments.htm
  38. When to consulthttps://www.hse.gov.uk/involvement/whentoconsult.htm
  39. Overview - Traininghttps://www.hse.gov.uk/involvement/training.htm
  40. Training Providershttps://www.hse.gov.uk/involvement/trainingproviders.htm
  41. Planning checklisthttps://www.hse.gov.uk/involvement/planningchecklist.htm
  42. Overview - Plan-good practice tipshttps://www.hse.gov.uk/involvement/plantips/index.htm
  43. Scope of consultationhttps://www.hse.gov.uk/involvement/plantips/consult.htm
  44. Consult employeeshttps://www.hse.gov.uk/involvement/plantips/involve.htm
  45. Provide feedbackhttps://www.hse.gov.uk/involvement/plantips/feedback.htm
  46. Address health issueshttps://www.hse.gov.uk/involvement/plantips/healthissues.htm
  47. Involve employeeshttps://www.hse.gov.uk/involvement/plantips/invemployees.htm
  48. Overview - Consulthttps://www.hse.gov.uk/involvement/consulttips/consult.htm
  49. Overview - What your duties arehttps://www.hse.gov.uk/involvement/yourduties.htm
  50. Allow paid time offhttps://www.hse.gov.uk/involvement/paidtimeoff.htm
  51. Provide facilities and assistancehttps://www.hse.gov.uk/involvement/facilities.htm
  52. Provide informationhttps://www.hse.gov.uk/involvement/provideinformation.htm
  53. Overview - How to involve your employeeshttps://www.hse.gov.uk/involvement/involveemployees.htm
  54. Consulting directly with employeeshttps://www.hse.gov.uk/involvement/facetoface.htm
  55. Consulting indirectly with employeeshttps://www.hse.gov.uk/involvement/indirectly.htm
  56. Where English is not the first languagehttps://www.hse.gov.uk/involvement/englishlang.htm
  57. Overview - Consulting with representativeshttps://www.hse.gov.uk/involvement/representatives.htm
  58. Investigating accidents, hazards and complaintshttps://www.hse.gov.uk/involvement/accidents.htm
  59. Inspections of the workplace https://www.hse.gov.uk/involvement/inspections.htm
  60. Overview - Set up a H&S Committeehttps://www.hse.gov.uk/involvement/hscommittees.htm
  61. How to set up your H&S committeehttps://www.hse.gov.uk/involvement/howtosetup.htm
  62. How your H&S committee will workhttps://www.hse.gov.uk/involvement/agreeprinciples.htm
  63. Membership of your H&S committeehttps://www.hse.gov.uk/involvement/membership.htm
  64. More about membershiphttps://www.hse.gov.uk/involvement/membership-cont.htm
  65. Frequency of meetingshttps://www.hse.gov.uk/involvement/frequency.htm
  66. What your H&S committee will dohttps://www.hse.gov.uk/involvement/whatwillhsdo.htm
  67. Decision makinghttps://www.hse.gov.uk/involvement/committeedecisions.htm
  68. What resources will be neededhttps://www.hse.gov.uk/involvement/committeeresources.htm
  69. Overview - Consult-good practice tipshttps://www.hse.gov.uk/involvement/consulttips/index.htm
  70. Recognise the rolehttps://www.hse.gov.uk/involvement/consulttips/recogniserole.htm
  71. Different work patternshttps://www.hse.gov.uk/involvement/consulttips/workpatterns.htm
  72. Preferenceshttps://www.hse.gov.uk/involvement/consulttips/preferences.htm
  73. Involve the representativehttps://www.hse.gov.uk/involvement/consulttips/involve.htm
  74. Plan a programme of inspectionshttps://www.hse.gov.uk/involvement/consulttips/inspectionplan.htm
  75. Agree the number of representativeshttps://www.hse.gov.uk/involvement/consulttips/repnumber.htm
  76. Inspect togetherhttps://www.hse.gov.uk/involvement/consulttips/inspecttogether.htm
  77. Consult specialistshttps://www.hse.gov.uk/involvement/consulttips/specialists.htm
  78. Break down taskshttps://www.hse.gov.uk/involvement/consulttips/breakdown.htm
  79. Involve a variety of peoplehttps://www.hse.gov.uk/involvement/consulttips/committeereps.htm
  80. Think about minor incidentshttps://www.hse.gov.uk/involvement/consulttips/minorincidents.htm
  81. Plan meetings in advancehttps://www.hse.gov.uk/involvement/consulttips/flexible.htm
  82. Communicatehttps://www.hse.gov.uk/involvement/consulttips/communicate.htm
  83. Keep the datehttps://www.hse.gov.uk/involvement/consulttips/keepdate.htm
  84. Address strategic issueshttps://www.hse.gov.uk/involvement/consulttips/resolve.htm
  85. Agreementshttps://www.hse.gov.uk/involvement/consulttips/agreements.htm
  86. Disagreementshttps://www.hse.gov.uk/involvement/consulttips/disagreements.htm
  87. Overview - Improvehttps://www.hse.gov.uk/involvement/improve/index.htm
  88. Monitoring performancehttps://www.hse.gov.uk/involvement/monitorperformance.htm
  89. Reviewing progresshttps://www.hse.gov.uk/involvement/reviewprogress.htm
  90. Meet the challengeshttps://www.hse.gov.uk/involvement/meetchallenges.htm
  91. Review checklisthttps://www.hse.gov.uk/involvement/reviewchecklist.htm
  92. Overview - Improve-good practice tipshttps://www.hse.gov.uk/involvement/improve/goodpractice.htm
  93. Signs of successhttps://www.hse.gov.uk/involvement/improve/success.htm
  94. Seek help https://www.hse.gov.uk/involvement/improve/seekhelp.htm
  95. Overview - Resourceshttps://www.hse.gov.uk/involvement/resources.htm
  96. Publicationshttps://www.hse.gov.uk/involvement/publications.htm
  97. Overview - Case studieshttps://www.hse.gov.uk/involvement/resources.htm
  98. Devonport Docks https://www.hse.gov.uk/involvement/casestudies/devonport.htm
  99. Overcoming challengeshttps://www.hse.gov.uk/involvement/casestudies/overcomingchallenges.htm
  100. BT Group plchttps://www.hse.gov.uk/involvement/casestudies/btgroup.htm
  101. Springfield Fuelshttps://www.hse.gov.uk/involvement/casestudies/springfield.htm
  102. UCATT North-Westhttps://www.hse.gov.uk/involvement/casestudies/ucatt.htm
  103. University of Leedshttps://www.hse.gov.uk/involvement/casestudies/leeds.htm
  104. Bristol City Councilhttps://www.hse.gov.uk/involvement/casestudies/bristol-city-council.htm
  105. Researchhttps://www.hse.gov.uk/involvement/research.htm
  106. Lord McKenzie speechhttps://www.hse.gov.uk/involvement/mckenzie141008.htm
  107. Overview - Videoshttps://www.hse.gov.uk/involvement/assets/video/index.htm
  108. Judith Hackitthttps://www.hse.gov.uk/involvement/assets/video/judith-hackitt.htm
  109. Useful linkshttps://www.hse.gov.uk/involvement/usefullinks.htm
  110. What to consult them about?https://www.hse.gov.uk/involvement/whattoconsult.htm
  111. Functions of union-appointed health and safety representatives.https://www.hse.gov.uk/involvement/prepare/union/index.htm
  112. Acashttp://www.acas.org.uk/index.aspx?articleid=1461
  113. Health and safety committees: Setting them up and making them workhttps://www.hse.gov.uk/involvement/hscommittees.htm
  114. Consulting employees on health and safety: A brief guide to the law INDG232(rev1)https://www.hse.gov.uk/pubns/indg232.pdf
  115. Involving your workforce in health and safety: Good practice for workplaces HSG263https://www.hse.gov.uk/pubns/books/hsg263.htm
  116. Consulting your workforce on health and safety: Approved Code of Practice and guidance L146https://www.hse.gov.uk/pubns/books/l146.htm
  117. Arbitration and Conciliation Servicehttp://www.acas.org.uk/index.aspx?articleid=1461
  118. Offshore workers - play your parthttps://www.hse.gov.uk/pubns/indg421.pdf
  119. A guide to the Offshore Installationshttps://www.hse.gov.uk/pubns/books/l110.htm

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2021-09-30