Under Health & Safety Legislation employees are entitled to select a Safety Rep to represent them on safety and health matters with their employer. The CWU provides training courses which guarantee that Safety Reps have the knowledge and expertise to carry out inspections at work.
The management of your company have a responsibility to make sure that you and your work colleagues are aware of the precautions you must take to minimise the risk of accidents or violence occurring. The CWU can assist you by carrying out inspections of your workplace, and its work practices and systems, in order to ensure that your employer is meeting his/her responsibilities.
Poor health & safety standards in the workplace lead to inefficient and stressful working conditions benefiting neither employer nor employee.
If you would like to get involved in ensuring the health & safety of your workplace why not consider becoming a Safety Rep at work? Extensive training is available for this role and if you have any questions please contact Pat Kenny or Carol Scheffer.
Safety Reps – Your Questions Answered:
The 2005 Health, Safety and Welfare at Work Act contains provisions for securing and improving safety, health and welfare for all employees. It provides for consultation between employers and employees to help ensure cooperation in the prevention of accidents and ill health. The Act provides for the selection of Safety Reps. The Union regularly receives requests from members for information in relation to the role of the Safety Rep. Accordingly we have set out below in a questions and answers format the role of the Safety Rep. These are not intended as a legal interpretation of the role.
What is the role of a Safety Rep?
The role of the Safety Rep entails consulting with and making representations to employers on safety, health and welfare issues in the workplace. Once representations are made the employer must consider these representations and act on them if necessary.
Who elects a Safety Rep?
Section 25 of the 2005 Act entitles employees to decide on, select and appoint Safety Reps, or by agreement with their employer, more than one Safety Rep.
Should there be more than one Safety Rep in the workplace?
There is nothing in the 2005 Act which sets the number of Safety Reps there should be in an organisation. The Act does say however, that more than one Safety Rep may be selected by agreement with their employer. In determining whether more than one Safety Rep is required the following should be considered:
- The number of employees to be represented
- The nature of the work and the relative degree of risk
- The operation of shift systems
- The number of workplaces under the employer’s control spread over many locations, e.g. for a local authority
- The constituency of the employees to be represented, including variations between different occupations and distinct locations within the place of work, e.g. a large hospital, where a wide variety of different work activities take place within a single workplace, or places of work where conditions and workforce change regularly, such as construction
What does a Safety Rep do?
A Safety Rep may consult with and make representations to the employer on safety, health and welfare matters relating to the employees in the place of work. The employer must consider these representations, and act on them if necessary. The intention of these consultations is to prevent accidents and ill health, to highlight problems, and identify means of over-coming them. For example, consultations would be of particular importance when a safety plan is being reviewed or drawn up or when new technology is being introduced in the workplace.
Can a Safety Rep carry out inspections?
A Safety Rep, after giving reasonable notice to the employer, has the right to inspect the whole or part of a workplace he or she represents, at a frequency or on a schedule agreed between him/her and the employer, based on the nature and extent of the hazards in the place of work. A Safety Rep also has the right to immediately inspect where an accident, dangerous occurrence, or imminent danger or risk to the safety, health and welfare of any person has occurred.
How often are inspections necessary?
The Act doesn’t specifically mention how often these inspections should take place but the following factors should be taken into account when determining the frequency of inspections:
- Size of workplace
- Nature and range of work activities and work locations
- Nature and range of hazards and risks
- Changing hazards and risks
The frequency of the inspections must be agreed with the employer and an employer must not unreasonably withhold agreement. Inspections can take various forms and can include:
- Safety tours: general inspection of the whole workplace
- Safety sampling: systematic sampling of particularly dangerous activities, processes, or work areas
- Safety surveys: general inspections of particularly dangerous activities, processes, or areas, e.g. the office, production department, stores etc
- Review of risk assessments: parts of the safety statement or safe operating procedures
Can a Safety Rep investigate an accident or dangerous occurrence?
A Safety Rep may investigate accidents and dangerous occurrences in the place of work to find out the causes and help identify any remedial or preventive measures necessary. However, a Safety Rep must not interfere with anything at the scene of the accident. Nor can the Safety Rep obstruct any person with statutory obligations, including a Health & Safety Authority inspector, from doing anything required of them under occupational Health & Safety Legislation. Physical evidence must not be disturbed before an inspector has had the opportunity to see it.
What else can a Safety Rep do?
- The functions of the safety representative also include:
- Accompanying an inspector carrying out an inspection under Section 64 of the 2005 Act, other than the investigation of an accident or a dangerous occurrence (although this may be allowed at the discretion of the inspector)
- At the discretion of the inspector and where the employee concerned so requests, be present when an employee is being interviewed by an inspector about an accident or dangerous occurrence at a place of work
- Make representations to the employer on safety, health and welfare at the place of work
- Make verbal or written representations to inspectors including on the investigation of accidents or dangerous occurrences
- Receive advice and information from inspectors in relation to safety, health and welfare at the place of work
- Consult and liaise with other Safety Reps appointed in the same undertaking, whether or not those Safety Reps work in the same place of work, in different places of work under the control of the employer or at different times at the place of work (for example, Safety Reps on different shifts)
Must someone be elected to the position every year?
The 2005 Act does not specify this but the Health & Safety Authority in its guidelines recommends that a Safety Rep once elected should remain in office for three years and the CWU advises its members to operate on that basis. The three year term is recommended on the basis that it gives the Safety Rep the opportunity to gain most benefit from the knowledge acquired and the training received during the period. There should be provision for a review on an annual basis and we would advise that this should happen at the Annual General Meeting. At the end of the three year term the outgoing Safety Rep is eligible for re-election.
Does a Safety Rep have any additional legal responsibilities?
No. A Safety Rep does not have any duties, as opposed to functions, under the 2005 Act, other than those that apply to employees generally. Therefore, a Safety Rep who accepts a management proposal for dealing with a safety or health issue could not be held legally accountable for putting the proposal into effect.
Do Safety Reps require any training?
Yes. It is essential that Safety Reps have the knowledge and skills necessary to perform their function effectively. Training courses for Safety Reps are provided by trade unions and other organisations. The employer must give reasonable time off to the Safety Rep to acquire knowledge and train as a Safety Rep and to carry out the function of the Safety Rep. No Safety Rep should be charged with the cost of training.
Should the Health & Safety Rep be a Union Rep?
Safety Reps are elected by the employees in their workplace. It is a matter for the employees in the organisation to decide the details of that election. This election can however take place at the Union Annual General Meeting. However, once elected the Safety Rep must be available to all employees regardless of whether they are a member of a trade union or not. However, Safety Reps need to have close working relationships with the local Branch. Safety Reps, where they are not on a Branch Committee should:
- Be invited to attend Union Committee Meetings
- Brief the Union Committee on Health & Safety initiatives, developments and potential problems in the workplace
- Contribute to any Union newsletter or communications
In addition Branch Committees should support Safety Reps on safety, health and welfare at work issues through the industrial relation procedures if necessary.
Is the Safety Rep entitled to facilities from the employer?
Yes. The employer must provide the Safety Rep with reasonable facilities to consult with employees or to prepare any submissions or reports. These should include, a meeting room, photocopier, communications equipment and access to up to date safety and health information and published guidance.
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