Employees, consultation with employers’ duties

The Act through s. 10 caused the establishment of two bodies to direct and enforce legislative matters concerned with health and safety. The Health and Safety Commission (HSC), appointed by the Secretary of State, consists of a chairman and six to nine members. Three of the members are appointed after consultation with the employers organisations, three after consultation with employees organisations and two after consulting local authorities. It is the duty of the Commission (s. 11) to ... 

The employer must provide examining and consulting physicians with the following specific information a copy of the lead regulations and all appendices, a description of the employee s duties as related to exposure, the exposure level or anticipated level to lead and any other toxic substances (if applicable), a description of personal protective equipment used, blood lead levels, and all prior written medical opinions regarding the employee in the employer s possession or control. The employer must also obtain from the physician and provide the employee with a written medical opinion containing blood lead levels, the physicians s opinion as to whether the employee is at risk of material impairment to health, any recommended protective measures for the employee if further exposure is permitted, as well as any recommended limitations upon an employee s use of respirators. 

The key section in Robens-style legislation is the duty of employers. Errrplqyers are reqnired to provide a work environment, plarrt and system of work which, so far as is reasonably practicable (the wording of this varies between jrrrisdictiorrs), do not preserrt a threat to the health and safety of employees. They must also consult with workers and provide adequate information, instruction and training, and report accidents of certain types (in some cases also critical incidents) to the relevant OSH authority. Employees are also subject to a number of duties which are enforceable in law. 

Several judgements have established that employers owe a duty of care to each of their employees. This duty cannot be assigned to others, even if a consultant is employed to advise on health and safety matters or if the employees are sub-contracted to work with another employer. These duties may be sub-divided into four groups. Employers must ... 

In addition to the above duties, section 2 also covers the appointment of trade union safety representatives, consultation with these appointees and the establishment of a safety committee to review the employer s measures for ensuring the health and safety of their employees. The Safety Representatives and Safety Committees Regulations 1977 (SRSC Regs) expand these particular duties and the Health and Safety (Consultation with Employees) Regulations 1996 extend the duty to consult to non-union represented employees (see later summaries). 

Employers must consult with employees on health and safety matters. They must also set up a statutory health and safety committee on request of trade union-appointed safety representatives, with the main function of keeping under review the measures taken to ensure the health and safety at work of employees (section 2 (4—7)). Regulations made in 1977 expanded employers duties to consult with trade union appointees. These are the Safety Representatives and Safety Committees Regulations, which describe the functions of safety representatives but do not impose any duties upon them. 

---