The Health and Safety (Consultation with Employees) Regulations 1996

Overview

The Health and Safety (Consultation with Employees) Regulations 1996 set out the duties of employers to consult with their workers on matters of occupational health and safety. The Regulations set details for:

• People that must be consulted
• The duty of employers to provide information
• The functions of representatives of employee safety
• The need for employers to provide for training, facilities for representatives of employee safety and time off for candidates

The Regulations set out protections under the Employment Rights Act 1996 and aspects of civil liability to protect any representatives. 

Background

The law requires employers to consult with their employees or their representatives, on health and safety matters. This can be a beneficial process for a business. In addition to creating a healthier and safer workplace, the benefits may include increased productivity, improved operational efficiency and quality, as well as motivated employees. 

There are two main pieces of legislation that cover consultation and representation of workers to be aware of:

• In workplaces where trade unions are recognised, and are recognised for collective bargaining purposes, the Safety Representatives and Safety Committees Regulations 1977 (as amended) legislation applies. 
• In workplaces where employees are not in a trade union, and/or the employer does not recognise the trade union, or the trade union does not represent those employees not in the trade union, the Health and Safety (Consultation with Employees) Regulations 1996 (as amended) legislation applies.