Hazards 120, October-December 2012

Employers used to have to report most significant health and safety incidents, but not so much anymore.  Many workplaces have been arbitrarily designated “low risk” and largely immune from unannounced Health and Safety Executive (HSE) inspections.

Getting justice for safety abuses through employment tribunals is getting more difficult and more expensive. It is an unprecedented, multi-pronged government attack and union safety reps have a bigger than ever job on their hands. Now is the time to make sure you union systems, structures and strategies are up to the job (Hazards 115). 

Rights at work

Firstly – use your rights. Make sure you have enough health and safety reps in all the workplaces where your union is recognised. If you don’t have good coverage you are in a weaker position to negotiate improvements and things are less likely to be done. This means ensuring there adequate coverage to cover all the jobs, workers, sites and shifts (Hazards 109).

Remember, the law says where there is a recognition agreement between a trade union and an employer it is the union that elects health and safety representatives.
Safety Representatives and Safety Committee Regulations 1977, Regulation 3.

If there is no recognition agreement, try and get volunteers to act as the union’s health and safety contact within each workplace and have at least one person to take on the health and safety role within your union branch.

Get trained  The law says employers must allow time off with pay for any training health and safety reps must undergo – so get trained up so know your rights. For experienced reps who have already been on TUC or union health and safety courses it is worth considering whether you need to top-up or refresh your knowledge and skills by attending more, possibly topic based courses such as on bullying, violence and stress. Safety Reps’ Regs, regulation 4.

Inspect and investigate  Health and safety reps can inspect their workplace every three months, or more frequently by arrangement or if there’s been changes or an incident. Inspections give reps a real opportunity to find out what’s really going on and to talk about issues with members – and any non-members who might sign up. Safety Reps’ Regs, regulation 4, 5, 6.

Safety committees  The law, SRSCR Reg 9, says where there is a recognition agreement between a trade union and an employer and where two safety reps request in writing a safety committee be set up the employer should comply within three months of that request. Use this committee as the place to raise all the issues brought up by your members, on inspections or on issues that have arisen elsewhere, such as in the media or via the enforcing authorities. Make sure safety committees fit into established negotiating structures so real decisions and agreements can be made – and no-one’s toes get trod on! Safety Reps’ Regs, regulation 9.

Information  Employers should provide safety reps with the information or documents need to carry out their functions. Make sure your employer informs safety reps when an incident occurs, and that all incidents are recorded and discussed at the safety committee. Conduct an annual review of health and safety performance. Try and get your employer to publish their safety performance as part of their annual report; some do this already, so why not yours? It’s not just about “accidents” – there’s likely to be far more occupational ill-health issues than injuries, so ill-health statistics are also needed. Safety Reps’ Regs, regulation 7.

Visible improvements

Tell the enforcer  Safety reps can make representations to the enforcing authorities so, depending which agency enforces at your workplace, write to your Health and Safety Executive inspector (Hazards 116), local authority environmental health officer (EHO), or Office of Rail Regulation (ORR) inspector to let them know who you are and that you want to be involved in any contact relating to your employer’s business. HSE has policies on worker involvement, and should involve safety reps. Safety Reps’ Regs, regulation 4(f).

Involve the members  Health and safety representatives should make sure all employees know who they are and what they do – and to make sure they speak to the union about any problems or incidents. Talk to them during your inspections, quiz them about problems ahead of safety committee meetings, and make sure they get feedback – use noticeboards, email, websites, face-to-face and toolbox and union meetings. Let members participate in identifying problems and solutions.

Workplace mapping  Mapping out problems, using body maps (Hazards 61) or risk maps (Hazards 60), allows for quick, easy and effective participation of members. This will show the issues which are affecting everyone and you can then all decide which issues to prioritise and take up with management.

Report that incident  It is vital that all workers understand how important it is to formally report any incidents, including near-misses and work-related ill health to their employer. Employers can and do argue that if there’s no evidence of a problem then they don’t need to act, so having a formal record of what’s really going on is vital for reps who should ensure their employer presents the statistics quarterly at the safety committee. Employers must have a system for employees to report incidents, such as an accident book or equivalent process. Be vigilant for incentive schemes or behavioural safety systems that discourage reporting (Hazards 115).

Surveys  Sometimes the issues which need to be raised with the employer are not included in their reporting system, such as stress or general aches and pains. Consider surveying the members. Don’t overcomplicate it. If a show of hands tells you most of the workplace has a strain injury, a detailed survey may be a waste of effort. And don’t start designing your own survey without first checking if the union has an off-the-shelf form ready to use. Remember, the more you ask, the more complicated the analysis. Just find out what you need to know.

Getting action

Reluctant employer?  If reps have raised issues of concern at the safety committee and there has been no progress they should move the issues to higher negotiating committees or use the grievance or disputes procedure. Don’t let items reappear time and again on the agenda; demand progress.

Call in the enforcers  If an issue is still unresolved then consider calling in the enforcing authority. There’s three key things to remember here - HSE says that all local procedures should be exhausted before they get involved; there’s not as many of them as we’d like and they are under pressure to lay off business and they are unlikely to get involved in a dispute over what might be considered a minor or trivial issue.

Do what unions do  If there is a failure to resolve an issue then working to rule, refusing to work unsafe systems – you’ve a legal duty not to put yourself in harm’s way - and even a strike ballot should be considered.

Broaden support  If there is an issue, especially one which is leading to a dispute, make sure your union branch is informed and involved. You should also consider getting in touch with other union members locally,  through the local Trades Council, for example.

Use the media  You might want to consider calling the local newspaper, radio or TV station - compensation cases and health and safety struggles are good human interest stories. Take advice first from the union first – some employers get very annoyed at bad press and say ‘bringing the business into disrepute’ is a disciplinary matter. Your union HQ may be interested in promoting or running the story on the web or in print.

Raising the profile

Problems elsewhere? If there’s a health and safety incident locally, check if it’s a unionised workplace. It could be a good opportunity to provide support and demonstrate how union representation can help.

Workers’ Memorial Day   28 April is the day trade unions and campaigners remember those killed, injured, disabled and made unwell by their work. Make sure unions in your area use this day to highlight the true story of why safe and healthy work should be a human right.

Protest  If something very bad such as a workplace death or major incident happens in your area, consider getting together with other union members and protesting about it - and publicise it too. It could provide an opportunity to raise related issues, like the dramatic drop in official safety inspections and enforcement.

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Game on!

With the chances of seeing an official safety inspector now vanishingly small, it has never been more important for union reps to be vigilant and active on workplace safety. The Hazards Campaign’s Mick Holder says health and safety reps need to up their game to defend their members’ interests.

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