Worker Consultation & Safety Representatives

Dr Joan Cahill and Alex Shortt, Health and Safety Authority

Safety culture is part of organisational culture, reflecting the beliefs and values that employees and management share about how risks are managed within the organisation. Safety Representatives (SR) play an important role in fostering a safety culture, promoting reporting, addressing issues pertaining to healthy work, and providing a communication link between employees and employers on all matters related to occupational safety and health.

As outlined in Section 25 and 26 of the Safety, Health and Welfare at Work act 2005, worker consultation is a legal requirement in all workplaces. It should be proportionate to the employer’s size and activities. Every employer must consult with his/her employees to make arrangements for cooperation on safety matters. Employees can decide on, select and appoint a Safety Representative or, by agreement with their employer, select more than one Safety Representative.

What is a Safety Representative?

This is an employee elected by their fellow employees, whose main role is to represent them to management on all matters related to health, safety and welfare. The SP provides a direct link between the employer and employees on issues that may be identified through workplace inspections or through direct communication with fellow workers. A SP is NOT a Safety Officer or Safety Advisor.

They are entitled to time off to receive training and to discharge their functions. A SP who accepts a management proposal to deal with a safety or health issue could not be held legally accountable for putting the proposal into effect. Further, they are protected against penalisation (Section 27 of the Safety, Health and Welfare at Work Act, 2005).

What can a Safety Representative do?

SPs have many functions:

Consultation

A Safety Representative may consult with, and make representations to, the employer on safety, health and welfare matters relating to the employees in the workplace. The employer must consider these representations, and act on them if necessary. Where a Safety Committee is already in existence, it can be used for this consultation process. Safety Representative can also consult with other Safety Representatives at their organisation.

Inspections

Safety Representatives should be informed if an inspection is taking place. A SP can accompany a Health and Safety Authority inspector carrying out an inspection and obtain advice from the Inspector. Also, they can undertake inspection at their own place of work. The frequency and schedule for this inspection must be agreed with the employer.

Investigations

A Safety Representative may investigate accidents and dangerous occurrences in the workplace to identify causes and any necessary remedial or preventive measures and may make written or verbal representations to HSA Inspectors. They can investigate immediately in the event of an accident but must not interfere with anything at the accident scene. Safety Representatives can also attend employee interviews regarding accidents (but only if the employee requests this, and at the discretion of the Inspector).

Access to Information

A Safety Representative should have access to information concerning:

1. Any risk assessments and safety statement relating to their place of work

2. Reportable accidents, occupational illnesses and dangerous occurrences (without identifying any individual)

3. Safety and health measures required under safety and health legislation

4. Any safety and health information on dangerous equipment, chemicals or processes used at their workplace including instruction manuals and safety data sheets

For more information on Safety Representatives, please click here or visit HSA Learning here. Also visit ISME’s Health & Safety section on the website here.