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What the Law Says
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The Health and Safety Information for Employees Regulations 1989

Find out more about The Health and Safety Information for Employees Regulations 1989 with the esafetysigns overview:

  • Introduction
  • Employee Consultation
  • Health and Safety Representatives
  • The Health and Safety Law Poster
  • Regulations
  • Usefull Links
    Introduction
    This law sets out employers duties to consult with their employees or their representatives on health and safety matters. It stipulates how employees must be consulted in different situations and the different choices employers have to make.

    There are two sets of general regulations broadly split by individuals representation by a Trade Union or not, these are:

    1. The Safety Representatives and Safety Committees Regulations 1977,
    2. The Health and Safety (Consultation with Employees) Regulations 1996.

    Employee Consultation
    Employers are encouraged to consult with employees so that they can improve the quality of decision making through the development of team based solutions and create a transparent relationship between managment and workers allowing streamline policy implementation and employee commitment to uphold and sustain health and safety standards.

    By law, employers must consult all their employees on any matter that may substantially affect their health and safety in the workplace.

    An employer must give employees or their representatives the information necessary to allow them to participate fully and effectively in the consultation. Information should include the risks arising from their work, the measures in place or proposals to control these risks, and what they should do if they are exposed to a risk, including emergency procedures.

    Consultation does not remove the employer’s right to manage. They will still make the final decision, but talking to employees is an important part of successfully managing health and safety.
    Health and Safety Representatives
    Health and Safety representatives play a key role in the link between employer and employee. These may be appointed , for example in a Trade Union, or elected by a workforce. Both Trade Union appointed and elected have similar responsibilities, as follows:

    - representation to the employer on
    a) potential hazards and dangerous occurrences;
    b) general matters affecting the health and safety of employees they represent; and.
    c) specific matters on which the employer must consult.


    - representation to the employee on dealings with health and safety inspectors.

    Employers are required to support the activities of the representatives in all ways possible including allowing them time and training to undertake essential duties. They will also be required to supply amenities, for example, a locked room, filing capacity, photocopier access and simiar clerical office suppport.
    The Health and Safety Law Poster
    All employers are required to display or provide their employees with the information contained in the poster:- "Health and Safety Law - What You Should Know" - setting out basic information on health and safety law.

    The poster (ISBN 07176 24935) and approved leaflet (ISBN 07176 17025) are availbale from HSE books.

    Employees must also be given the name and address of the enforcing authority for the workplace and the HSEs Employment Medical Advisory Service (EMAS). The poster has spaces to write in this information.

    The poster also contains information on the competent person with responsibility for health and safety on the premises and the consultation arrangements for health and safety within the business.
    Regulations
    If an employer does not comply with the regulations, they will be committing an offence. Health and safety inspectors (from HSE and local authorities) may enforce the regulations where there is no evidence of consultation. They may also enforce if an employer fails to comply with legal duties on procedural matters (for example where the 1996 Regulations apply and there is more than one candidate for the role of health and safety representative, and the employer appoints representatives of employee safety rather than permitting employee elections).
    Usefull Links
    Further usefull reading can be found here ....

    Consulting employees on health and safety
     
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