With regards to good CWU H&S Reps they should always remember the following:
Safety reps' rights
In the UK, the legal rights of union health and safety reps in workplaces where the union is recognised by the employer are laid out in the Safety Representatives and Safety Committees Regulations 1977 (SRSC Regs).
Key functions are:
• Representing workers in consultations with employers (Regulation 4c and 4d)
• Investigating potential hazards and dangerous occurrences (Regulation 4a)
• Examining the causes of accidents, dangerous occurrences and diseases (Regulation 4a and 4b)
• Investigating complaints by members (Regulation 4b)
• Making representations to the employer (Regulation 4c and 4d)
• Carrying out workplace inspections (Regulation 1)
• Representing employees in consultations with inspectors (Regulation 4f)
• Receiving information from inspectors (Regulation 4g)
• Attending joint health and safety committee meetings (Regulation 9)
Employers must establish a joint safety committee if requested to do so by two or more trade union health and safety representatives. In general, employers must make available to safety reps all the information necessary to enable them to fulfil their functions.
Employers must provide any help and facilities reasonably required by safety reps to carry out their functions (Regulation 4a as amended by the Management of Health and Safety at Work Regulations section 2). Union safety reps must be provided the time off with pay to carry out their safety reps' duties and to undergo TUC or union approved training (Regulation 4(2)b).
These are minimum rights. Many union safety reps negotiate rights to facilities, information and time off that go well beyond the legal minimum.
Trade union safety reps are protected from victimisation for any acts or omissions in their execution of their duties - the law gives safety reps' rights, not duties (Regulation 4).
The Employment Rights Act 1996 says safety reps have protection if they are unfairly treated or placed at a disadvantage in circumstances including:
• Raising health and safety concerns;
• Carry out designated health and safety functions (s.44(1)(b) and s.100(1)(b));
• Propose to leave or actually leave their workplace or any dangerous part of it, or refuse to return, in the event of what they reasonably believe to be serious and imminent danger (s.44(1)(d) and (e) and s.100(1)(d) and (e)); or
• Propose to take action to protect against a perceived serious or imminent danger.
The Public Interest Disclosure Act 1998 gives workers "whistleblower" protection in a range of circumstances, including where raising issues relating to health and safety being endangered.
In workplaces without union safety reps, a watered down version of the safety reps' regulations apply - the Health and Safety (Consultation with Employees) Regulations 1996 (HSCE Regs). A similar regime covers those working offshore.
The HSCE regulations are generally regarded to have been a total flop, in part as a result of leaving many of the arrangements at the discretion of the employer, in part because their is no substitute for trained and supported union safety reps.
It should also be borne in mind that the CWU Area Health and Safety Representatives are the legally accredited Safety Representatives as determined by the Safety Representatives and Safety Committees Regulations (SRSC) 1977 (as amended by the Management of Health and Safety Regulations 1992). They therefore have the prime responsibility to undertake the SRSC Safety Representatives prescribed functions. Under this Agreement the day to day health and safety matters will be dealt with by the Workplace Safety Representative. However, to what extent the Workplace Safety Representative are involved in SRSC prescribed functions will be determined by the Area Health and Safety Representative.