Safety Representatives and Safety Committees Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/500 |
| Year | 1977 |
1977 No. 500
HEALTH AND SAFETY
The Safety Representatives and Safety Committees Regulations 1977
Made 16th March 1977
Laid before Parliament 28th March 1977
Coming into Operation 1st October 1978
Whereas the Health and Safety Commission has submitted to the Secretary of State, under section 11(2)(d) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) as amended by paragraph 4 of Schedule 15 to the Employment Protection Act 1975 (“the 1975 Act”), proposals for the making of Regulations after the carrying out by the said Commission of consultations in accordance with section 50(3) of the 1974 Act as amended by paragraph 16(3) of Schedule 15 to the 1975 Act;
And whereas the Secretary of State has made modifications to the said proposals under section 50(1) of the 1974 Act and has consulted the said Commission thereon in accordance with section 50(2) of the 1974 Act, both of which provisions have been amended by paragraph 16 of Schedule 15 to the 1975 Act;
And whereas under section 80(1) of the 1974 Act it appears to the Secretary of State that the modification of paragraph 16 of Schedule 1 to the Trade Union and Labour Relations Act 1974 made in Regulation 11(5) below is expedient in connection with the provision made by Regulation 4(2) below and, in accordance with section 80(4) of the 1974 Act as substituted by paragraph 19 of Schedule 15 to the 1975 Act, he has consulted such bodies as appeared to him to be appropriate on the proposed modification;
Now therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(4) and (7), 15(1), (3)(b) and (5)(b), 80(1) and (4) and 82(3)(a) of the 1974 Act as amended by paragraphs 2, 6 and 19 of Schedule 15 to the 1975 Act and of all other powers enabling him in that behalf and so as to give effect to the said proposals of the said Commission (with the said modifications) and so as to modify the said provision in the Trade Union and Labour Relations Act 1974, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Safety Representatives and Safety Committees Regulations 1977 and shall come into operation on 1st October 1978.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“” means
“” means
“”
“” means
“” means
“” means
“” in relation to a safety representative means
(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(3) These Regulations shall not be construed as giving any person a right to inspect any place, article, substance or document which is the subject of restrictions on the grounds of national security unless he satisfies any test or requirement imposed on those grounds by or on behalf of the Crown.
Appointment of safety representatives
3.—(1) For the purposes of section 2(4) of the 1974 Act, a recognised trade union may appoint safety representatives from amongst the employees in all cases where one or more employees are employed by an employer by whom it is recognised, except in the case of employees employed in a mine within the meaning of section 180 of the Mines and Quarries Act 1954 which is a coal mine.
(2) Where the employer has been notified in writing by or on behalf of a trade union of the names of the persons appointed as safety representatives under this Regulation and the group or groups of employees they represent, each such safety representative shall have the functions set out in Regulation 4 below.
(3) A person shall cease to be a safety representative for the purposes of these Regulations when—
(a)
(a) the trade union which appointed him notifies the employer in writing that his appointment has been terminated; or
(b)
(b) he ceases to be employed at the workplace but if he was appointed to represent employees at more than one workplace he shall not cease by virtue of this sub-paragraph to be a safety representative so long as he continues to be employed at any one of them; or
(c)
(c) he resigns.
(4) A person appointed under paragraph (1) above as a safety representative shall so far as is reasonably practicable either have been employed by his employer throughout the preceding two years or have had at least two years experience in similar employment.
Functions of safety representatives
4.—(1) In addition to his function under section 2(4) of the 1974 Act to represent the employees in consultations with the employer under section 2(6) of the 1974 Act (which requires every employer to consult safety representatives with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the health and safety at work of the employees and in checking the effectiveness of such measures), each safety representative shall have the following functions:—
(a)
(a) to investigate potential hazards and dangerous occurrences at the workplace (whether or not they are drawn to his attention by the employees he represents) and to examine the causes of accidents at the workplace;
(b)
(b) to investigate complaints by any employee he represents relating to that employee's health, safety or welfare at work;
(c)
(c) to make representations to the employer on matters arising out of sub-paragraphs (a) and (b) above;
(d)
(d) to make representations to the employer on general matters affecting the health, safety or welfare at work of the employees at the workplace;
(e)
(e) to carry out inspections in accordance with Regulations 5, 6 and 7 below;
(f)
(f) to represent the employees he was appointed to represent in consultations at the workplace with inspectors of the Health and Safety Executive and of any other enforcing authority;
(g)
(g) to receive information from inspectors in accordance with section 28(8) of the 1974 Act; and
(h)
(h) to attend meetings of safety committees where he attends in his capacity as a safety representative in connection with any of the above functions;
but, without prejudice to sections 7 and 8 of the 1974 Act, no function given to a safety representative by this paragraph shall be construed as imposing any duty on him.
(2) An employer shall permit a safety representative to take such time off with pay during the employee's working hours as shall be necessary for the purposes of—
(a)
(a) performing his functions under section 2(4) of the 1974 Act and paragraph (1)(a) to (h) above;
(b)
(b) undergoing such training in aspects of those functions as may be reasonable in all the circumstances having regard to any relevant provisions of a code of practice relating to time off for training approved for the time being by the Health and Safety Commission under section 16 of the 1974 Act.
In this paragraph “” means
Inspections of the workplace
5.—(1) Safety representatives shall be entitled to inspect the workplace or a part of it if they have given the employer or his representative reasonable notice in writing of their intention to do so and have not...
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