The employer must consult his employees in good time over matters relating
to their health and safety at work. He must do this:
directly with the employees concerned; or
through representatives of employee safety elected by the employees
through safety representatives appointed by relevant trade unions.
The employer may choose between either of the first two methods of
consultation as regards employees not represented by a trade union
appointed safety representative. The employer must consult with trade union
appointed safety representatives as regards employees represented by them,
whether or not he also consults directly with those employees themselves.
Matters For Consultation
The employer must consult any of these with regard to matters that must
the introduction of any measure at the workplace which may
substantially affect the health or safety of employees;
his arrangements for appointing competent persons to assist him in
complying with health and safety law.
nomination of competent persons for implementing his evacuation
health and safety information he provides;
the planning and organising of health and safety training;
the health and safety consequences of planning;
introducing new technologies into the workplace.
The employer must also consult trade union appointed safety representatives
on any additional matters with the view to the making and maintenance of
arrangements to enable him and his employees to co-operate effectively in:
- promoting and developing measures to ensure employees' health and safety
- checking the effectiveness of such measures.
Facilitating Effective Safety Representation
The employer must ensure that:
employees with safety representation functions are provided with
adequate facilities, training and paid time off for training and
performance of their functions;
no detriment is suffered by an employee participating (or proposing to
participate) in an election of any representative of employee safety;
no detriment is suffered by an employee carrying out (or proposing to
carry out) safety representation functions.