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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
These Regulations provide for further implementation, within Great Britain, of Articles 10, 11 and 12 of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the health and safety of employees at work. The Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500 as amended) already implement those Articles in cases where employees are represented by safety representatives appointed by a trade union recognised by their employer. These Regulations require employers to consult either their employees directly or representatives elected by their employees where there are employees not represented by safety representatives appointed by trade unions under the 1977 Regulations.
Where employees are not represented under the Safety Representatives and Safety Committees Regulations 1977, the Health and Safety (Consultation with Employees) Regulations 1996 will apply. The organisation can choose to consult employees directly as individuals, or through elected health and safety representatives (known as representatives of employee safety in the Regulations), or a combination of the two. If it is a small business, consulting with individuals is often effective. It gives everyone a chance to have a say in health and safety matters.
The organisation must consult with employees or their representatives about the following, the introduction of any measure which may substantially affect the employees' health and safety at work, eg the introduction of new equipment or new systems of work, such as the speed of a process line or shift-work arrangements; arrangements for getting competent people to help the employees comply with health and safety laws (a competent person is someone who has the necessary knowledge, skills and experience to help an employer meet the requirements of health and safety law); the information the organisation must give their employees on the risks and dangers arising from their work, measures to reduce or get rid of these risks and what employees should do if they are exposed to a risk; the planning and organisation of health and safety training; and the health and safety consequences of introducing new technology.
If at least two health and safety representatives request, in writing, that a safety committee be formed within the workplace, the organisation must establish such a committee within three months of the request. The organisation must ensure that elected representatives receive the training they need to carry out their roles, as is reasonable in the circumstances, and pay any reasonable costs to do with that training, including travel and subsistence costs. The organisation must also give them the paid time necessary to carry out their functions and allow candidates reasonable time, with pay, to carry out their functions as a candidate in an election, as well as time to consult employees on health and safety.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
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