Functions of safety representativesU.K.
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)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)to investigate complaints by any employee he represents relating to that employee's health, safety or welfare at work;
(c)to make representations to the employer on matters arising out of sub-paragraphs (a) and (b) above;
(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)to carry out inspections in accordance with Regulations 5, 6 and 7 below;
(f)to represent the employees he was appointed to represent in consultations at the workplace with inspectors of the Health and Safety Executive [F1, the Office for Nuclear Regulation] and of any other enforcing authority;
[F2(g)to receive information—
(i)in relation to premises which are, or are on, a relevant nuclear site, from inspectors under paragraph 23 of Schedule 8 to the Energy Act 2013;
(ii)otherwise, from inspectors in accordance with section 28(8) of the 1974 Act;]
(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 [F3or sections 102 and 103 of the Energy Act 2013], 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)performing his functions under section 2(4) of the 1974 Act and paragraph (1)(a) to (h) above;
(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 [F4the Health and Safety Executive] under section 16 of the 1974 Act.
In this paragraph “with pay” means
Textual Amendments
F1Words in reg. 4(1)(f) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 32(2)(a) (with Sch. 4)
F2Reg. 4(1)(g) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 32(2)(b) (with Sch. 4)
F3Words in reg. 4(1) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 32(2)(c) (with Sch. 4)
F4Words in reg. 4(2)(b) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)
F5Words in reg. 4(2) substituted (14.4.1999) by The Police (Health and Safety) Regulations 1999 (S.I. 1999/860), regs. 1, 3(4)
Commencement Information