Health And Safety Inspections Guide For Safety Representatives
INSPECTION OF THE WORKPLACE
One of the main functions of a safety representative is to carry
out safety inspections of the workplace and during European Health
and Safety Week we are again promoting the TUC's National
Inspection Day Campaign. The aim is to encourage CWU safety reps to
carry out their legal right to inspect workplaces for health and
safety problems, and improve upon those figures which show that a
workplace with union safety reps is twice as safe as a workplace
without one. Safety Reps are encouraged to carry out inspections
according to the theme of the Week or on a health and safety risk
which is a pressing concern at their workplaces or areas where they
represent CWU Members. New safety representatives may want to seek
advice from a more experienced safety rep.
The European Health and Safety Week takes place from Monday 20 to
Friday 24 October and CWU and TUC's National Inspection Day is
designated Wednesday 22 October.
Inspections do more than just help identify potential hazards, they
also show CWU members that our officials are taking their
responsibilities as a safety representative seriously.
The Safety Representatives and Safety Committees (SRSC) Regulations
1977 (and Safety Representatives and Safety Committees Regulations
(Northern Ireland) 1979) give trade union Safety Reps the right to
formally inspect workplaces every 3 months (or more frequently if
required). Arrangements for three-monthly and other more frequent
inspections will normally be notified to management. As well as
making an inspection every three months, you also have the right to
inspect after accidents, dangerous occurrence or industrial
diseases, where there has been changes in working conditions or if
new information becomes available or if the Safety Rep receives
complaints from members.
Formal inspections are no substitute for daily observation, but
they provide a useful opportunity to carry out a full-scale
examination of all or part of the workplace. Remember that an
inspection is not just looking around the workplace, it includes
the inspection of working practices, inspecting documents required
by health and safety legislation such as risk assessments, safe
systems of work, safety instructions, COSHH data sheets, Asbestos
Registers etc and certificates concerning the testing of equipment.
It is also another opportunity for the Safety Rep to talk directly
to members about Health, Safety, Welfare and Environmental issues.
Following an Inspection some safety representatives then meet
management to report their findings. Others prefer to be
accompanied by a manager or the safety advisor. Both have their
advantages. However, management do have to right to be present in
the workplace but the Inspection is the property of the Safety Rep
and a legal entitlement which can not be interfered with by
management. Safety Reps should make sure they always have the
opportunity to speak to members on their own in private if
required, without management present to ensure the opportunity is
afforded to express any concerns without feeling intimidated. This
facility to speak to members privately is provided for under
Regulation 5 of the Safety Representatives and Safety Committees
(SRSC) Regulations.
Safety Reps do not have to Inspect all the workplace at one time as
it may be impracticable at large workplaces. Safety Reps can break
it up and do separate inspections. Safety Reps should make sure
they co-ordinate with other Safety Reps from CWU and other Unions
covering other grades in the Workplaces they inspect. If there are
shifts in the workplace then the Safety Rep should make sure that
they inspect at different times, as some problems may only be
apparent on certain shifts. Also remember to include groups like
cleaners and security staff who may work outside standard hours.
Following an inspection, safety representatives should complete an
inspection form, recording the date, time and details of the
inspection. An example of an inspection form can be found in the
appropriate national agreements. The completed Inspection form
should be given or sent to the management and a copy should always
be retained by the safety representative for their own records and
for reference during safety committee discussions or discussions
with the enforcing authority inspectors should they visit the
Workplace. Otherwise issues can be raised in correspondence with
the appropriate managers.
However, if a problem is identified that requires immediate action
by management, do not rely on just a form, tell them at once
verbally as well. A Safety Representative should ensure that all
important issues are reported in writing and records are kept.
A WORKPLACE
The definition of a "Workplace" is set out in the Safety
Representatives and Safety Committees (SRSC) Regulations
"Interpretation" section. A Workplace in relation to a
Safety Representative means any place or places where the employees
he/she is appointed to represent are likely to work of frequent in
the course of their employment or incidentally to it which means
just about anywhere a member goes during their time at work. This
means that Safety Representative are entitled to undertake
Inspections wherever the members represented go about their jobs
and the employers are legally obliged to provide such facilities
and assistance as the Safety Representative may require.
PREPARING FOR AN INSPECTION
Safety Reps should prepare in advance for an inspection. It is
often an idea to agree a date in advance and put up a notice or
circulate members telling them when the inspection will take place.
You can ask them to let you know in advance if there are any
problems they want you to look at.
Before you start, check the accident book and get details of any
accident reports, especially RIDDOR reportable accidents. You
should also check the risk assessments and any safety documents,
records, training records and safety data sheets etc. Safety Reps
are entitled to see these by law.
In the case of risk assessments it is useful during the inspection
to check whether they have covered all likely risks or need
reviewing. The legal right for a Safety Rep to inspect documents is
provided for under Regulation 7 of the Safety Representatives and
Safety Committees (SRSC) Regulations.
CARRYING OUT AN INSPECTION
Many safety representatives use a checklist for their inspections.
These can be useful and can be adapted to suit their own needs.
Carrying out an inspection is not just about ticking off boxes.
Taking the opportunity of talking to members about any issues or
problems they have is vital. Remember that safety representatives
cover all workers, so if there are any non-union people, any
potential risk to them is a potential risk to your members so
should not be ignored. Also health and safety is a great recruiting
tool.
Safety Reps should not just look at issues such as physical hazards
when carrying out their inspection. Problems such as workload,
working practices, working time training and stress are just as
important. Check the Risk Assessments and Safe Systems of Work -
are they being followed ? are they suitable and sufficient ? do
they need reviewing ?
Ensure that peripatetic workers, (itinerate travelling members
working outside or on customers premises) are covered by
inspections.
Safety Reps should take their time and make plenty of notes. On
some issues they may have to make enquiries, check records and
undertake research or seek advice from the union, the
employer's safety officer or the HSE or Local Authority
Environmental Health Officer (EHO).
INSPECTIONS AFTER AN ACCIDENT, INDUSTRIAL DISEASE OR
DANGEROUS OCCURRENCE
Where there has been an accident, dangerous occurrence or a
notifiable disease, it is important that the inspection takes place
as soon as possible. However, Safety Reps should not investigate
until they are sure that the workplace is safe.
In addition to doing an inspection of the accident scene, the
safety representative should get anyone involved or those who
witnessed the incident to write down details of what happened while
it is still fresh in their mind.
Safety Representatives should also follow up and investigate
"near-miss" incidents that come to their attention as in
many cases serious injury or death is narrowly avoided but the
hazard remains and unless action is taken to make safe the cause of
the incident, some one may not be so lucky next time round.
If there is a serious incident that has lead to someone being badly
injured or killed, or there had been a major occurrence such as the
building, machinery or scaffolding collapse for example, the area
should be treated as a crime scene and not be touched until the HSE
or local authority inspectors (and in some cases the Police) have
seen it and conducted their investigations.
In such serious cases, work should not re-start until the cause of
the incident has been ascertained and measures put in place to
ensure that it cannot happen again. If the management do try to
restart work after a serious incident without an investigation the
safety rep should contact a senior manager or contact the union or
the enforcing authority for advice immediately.
REPORTING PROBLEMS AFTER AN INSPECTION
Safety representatives should record every health and safety
problem or any unsatisfactory welfare arrangement on the inspection
report form. Inspection report forms are contained in the
Union's national agreements with the employers and a general
example can be found in the Safety Representatives and Safety
Committees (SRSC) Regulations 1977 "Brown Book". Serious
problems should also be notified verbally immediately but
preferably in writing to ensure a record is kept by all concerned -
Safety Rep and Manager being notified.
The safety inspection report form should be submitted to the
management. Many safety representatives also put a copy on the
notice board so that members can see it. This is a good way of
involving members and showing the usefulness of Union safety
representatives.
However, that is not the end of it. The safety representative must
make sure that management act on the report. The guidance to the
safety representatives' regulations states that "Where
safety representatives have made a written report to the
management, appropriate remedial action will normally be taken by
the employer. Where remedial action is not considered appropriate,
or cannot be taken within a reasonable period of time, or the form
of remedial action is not acceptable to the safety representatives,
then the employer should explain the reasons and give them in
writing to the safety representatives " The guidance also
recommends that management's response should be publicised. The
best way of doing that is either reporting directly back to the
members involved, circulating a report or putting management's
response on the notice board next to the safety
representative's report.
If there are several problems the Safety Rep should seek to agree
with management a timetable for getting things done, however, if
there is a serious matter that is likely to cause injury or illness
and the manager is not treating it with the urgency it deserves,
the Safety Rep should escalate the issue to a more senior manager
or seek further advice from the Union or HSE/EHO.
Even after management have agreed a programme to rectify any
problems the Safety Rep will have to check that the measures have
been carried out by the agreed date. The Safety Reps may need to
undertake follow-up Inspections to check progress on the original
Inspection where they consider it necessary taking account of the
seriousness or number of issues found on Inspections.
Issues unresolved in a reasonable time can be raised at the joint
Safety Committee covering the workplaces concerned.
Copies of the appropriate National Agreements or SRSC Regulations
are available on request from the CWU Health, Safety &
Environment Department.
MEMBERS COMPLAINTS, CHANGE IN WORKING CONDITIONS OR NEW
HAZARD INFORMATION
In response to a member or group of member complaints, if the
working conditions or working practices change or new hazards occur
the Safety Representative may carry out additional workplace
inspections or investigations in order to resolve any issues
arising. It is important that Safety Representatives are involved
and consulted properly by management prior to any changes affecting
health and safety in the workplace. Management have a legal
obligation to consult and to take into account the input and views
of the Safety Representative in making any final decisions.
HEALTH & SAFETY REPRESENTATIVES LEGAL RIGHTS TO CARRY
OUT INSPECTIONS AND INVESTIGATIONS
Attached for your information is a summary of a Trade Union Safety
Representatives Legal Rights to carry out Inspections and
Investigations extracted from the Safety Representatives and Safety
Committee Regulations 1977 (and similarly the Safety
Representatives and Safety Committees Regulations (Northern
Ireland) 1979). Management have a legal obligation to provide the
Safety Representative with Access, Assistance, Facilities, Paid
time off for the time spent and Privacy if requested.
Dave Joyce
Communication Workers Union
National Health Safety & Environment Officer
