A common problem faced by safety reps is getting management to carry out their legal duties. The lack of a sound safety management system leads safety matters to be ignored or dealt with in an unacceptably ad-hoc fashion and allows managers to pass the buck or explain away health and safety failures. The first part of this factsheet briefly describes the key elements of a proper safety management system.

Safety reps should check what is going on in their workplace against the management duties listed below and they should use their rights to pressure managers into taking a structured approach to improving health and safety in the workplace and developing a good health and safety "culture". The second part of the factsheet looks at safety reps rights to be informed and consulted about the safety management system and how they might put pressure on reluctant managers.

Management Duties

The Health and Safety At Work Act (HASAWA) 1974 says that: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees". More recently, Regulation 4 of the Management of Health and Safety at Work (MHSW) Regulations 1992 lays down that every employer shall make arrangements for the "effective planning, organisation, control, monitoring and review of the preventive and protective measures".

Safety Policy

The starting point of a sound system is the health and safety policy. Section 2(3) of HASAWA requires every organisation with five or more employees to have a written health and safety policy. Smaller organisations should also adopt good practice and accept the need for a written policy as well. A safety policy should:
• state the organisation's commitment to making the health and safety of employees a priority organisational goal
• set out arrangements for the management, organisation and review of health and safety
• make provision for consultation and co-operation with workforce representatives
• be revised when there are changes in the work or law
• be readily accessible to employees

Organisation and planning

Companies and organisations have to design and establish systems and allocate responsibilities. Managers must:
• integrate health and safety matters into their planning and decision making procedures
• identify and choose methods and techniques that can be used to train and communicate with staff; detect, control or eliminate hazards; and monitor and review performance
• allocate responsibilities and devise a timetable for the implementation of their plan.

Individuals at all levels of management have to be made responsible and accountable for the control and implementation of policy. The organisation must make sure that these people are competent and are given training and access to information and advice appropriate to the extent of the responsibility and the level of risk involved.

Risk Assessments

Regulation 3 of MHSW lays down that every employer shall assess the risks to the health and safety of his employees to which they are exposed at work. Where the employer employs five or more people, the significant findings of the assessment must be written down. When conducted properly, risk assessments can facilitate a structured approach to identifying risks and determining control measures. Standard forms are normally used to achieve thoroughness and consistency. Official guidance often includes suggested standard formats, though these can be modified to suit particular needs and risk levels.

Risk assessments may be thematic (e.g. stress, violence, manual handling), task-centred (e.g. keyboarding, cleaning, driving) or relate to particular aspects of the working environment (e.g. hot working conditions). Task-centred assessments can be generic (i.e. apply to all situations) or focus on a particular piece of equipment or job. They should record the people at risk; minimum legal standards; existing control measures and the need for further action. Workers must be consulted as part of the risk assessment. They will often know the hazards and risks of their jobs better than anybody else.

Monitoring

Two types of monitoring system must be implemented:

1. Active systems which monitor the achievement of objectives and the extent of compliance with standards. Regular and carefully conducted inspections, covering one or all parts of the premises or one specific work activity (e.g. keyboarding or manual handling), provide information essential for conducting risk assessments, verifying whether plans are being implemented and objectives achieved. A written record must be taken, circulated to others with specific health and safety responsibility and made available to employees.

2. Reactive systems which monitor accidents, ill-health, incidents and other evidence of deficient health and safety performance. Recording and reporting systems and subsequent investigations are important elements of a good monitoring system. All accidents and near-misses must be recorded in an accident book. Employees should be encouraged to record such events and they have the right to record accidents in the terms they see fit.

Review

All health and safety management systems need regular review. Changes in the law, production systems or working methods should all trigger an evaluation of existing arrangements. In addition a periodic review of the whole system should take place. An annual review would be appropriate in most cases. An independent audit should take place at less regular intervals. An independent assessment of the validity and reliability of management planning and control systems may help to avoid complacency on the part of those managing the system and provide welcome input on how improvements could be made.

SAFETY REPS' RIGHTS

Various laws give worker representatives the right to influence the safety management system and acquire the information they need for that purpose.

• Section 2(6) of HASAWA gives consultation and information rights to elected safety reps in workplaces where the employer officially recognises a trade union.

• The Safety Representatives and Safety Committees (SRSC) Regulations give safety reps the right to see and copy any information held by the employer that relates to health, safety and welfare (unless it identifies a particular member of staff), including risk assessments, safety policy, fire certificate, accident book and information on proposed changes that might affect the health and safety of members

• The MHSW Regulations 1992 extended safety reps' rights by laying down that employers must consult with safety reps "in good time" as to:
- any changes in the workplace that may affect the health and safety of employees they represent
- the appointment of "competent" persons
- any health and safety information the employer is required to give to employees
- the planning and provision of any health and safety training for employees
- the health and safety consequences of new technologies

• The Health and Safety (Consultation with Employees) Regulations 1996 afford consultation and information rights to workers and their representatives in workplaces where a trade union is not officially recognised by the employer.

What if managers do not co-operate?

Managers often ignore safety reps and, in many cases, actively seek to limit their activities and influence. Others are simply ignorant about their legal duties. Depending on the degree of resistance from management, safety reps should:
• insist that the health and safety of workers is prioritised
• reinforce their own arguments with the official HSE line that good health and safety systems improve morale, reduce sickness absence, increase productivity and are demonstrably "good for business"
• formalise any requests for information or action in writing
• raise matters at safety committees
• document and draw attention to hazardous situations by making sure all workers systematically use the accident book to record work related ill-health or accidents and/or leave the workplace to rest and recover from fatigue, headaches etc.
• stop the job and leave the workplace if they or their members are in serious or imminent danger, as per Regulation 7 of the MHSW Regulations; Section 47-49 of the Employment Rights Act 1996 also gives all workers the right to take an employer to an industrial tribunal if they are victimised for raising health and safety concerns
• get full-time officers involved when local consultation is stalled
• call in enforcement authorities (Health and Safety Executive - HSE - or local authority environmental health department): despite suffering cuts in resources and often displaying reluctance to get involved, they may be able and willing to help
• use newsletters, notice-boards and regular meetings to keep members closely informed of developments on outstanding issues.

LHC Members