Involvement in Risk Assessments:
Some Tips for Safety Reps
Craig Lewis
Safety rep rights to consultation:
This is just
a very basic summary of union safety rep consultation rights and some tips on
using them. Safety reps in many ways have stronger legal rights to act on
behalf of members. But they need to be properly trained on UCU or TUC safety
rep courses to fully understand all the opportunities this provides for us to
improve and protect safety and health of our members at work
The law
requires employers to consult with union appointed safety reps on any changes
at work that will impact health and safety. This would include the measures
they intend to implement as part of their Covid-19 risk assessments. Consultation must take place before any new
measures are introduced into the workplace. Union appointed H&S reps
have other rights to be consulted over health and safety under the SRSC regulations and be given employer H&S
information on request including risk assessment documentation. See TUC
factsheet attached for details of the regulations, guidance and approved codes
of practice that reps can use if necessary to assert their rights to
consultation.
How to make the most of your consultation
rights:
Approach
management and request a meeting don’t wait for management to call you in or
call a safety committee. Covid-19 assessments are a matter of urgency.
1. Before the risk assessment: Consult with management before they do the risk assessments
to discuss how they intend to carry them out, who the competent person(s) will
be and how they intend to work through the hierarchy of measures.
2. During the risk assessment process. Should reps get involved in the actual risk
assessment process itself? Opinion differs on whether reps should jointly carry
out the risk assessments with management. Reps have an intimate and practical
knowledge of how the College works and can therefore add that to the process of
identifying and assessing risk, as well as help identify suitable control
measures. But reps should not take on the role of “competent person” on behalf
of management. Therefore they should not sign off a risk assessment as being
“suitable and sufficient” if asked to do so. (see below). Whether reps take part directly in the risk
assessment or not, they have an absolute right to examine management’s risk
assessments, raise concerns and ask for changes, before any Covid-19 control measures are introduced. Some of the things to check might include:
o
Do
you think all possible Covid-19 associated risks have been identified?
o
Has
management correctly assessed the severity and likelihood of the risk
occurring?
o
Has
management included all those likely to be harmed in the RAs?
o
Has
management followed the hierarchy of controls and done as much as possible to
reduce risk of infection?
o
Are
protective measures adequate including provision of suitable ppe?
o
Is
information on the protective measures clear and available to all who need it?
o
Have
all the control measures been implemented?
o
Is
there a clear plan for reviewing and monitoring the control measures?
o
Are
safety reps involved in the review and monitoring procedures?
o
Are
those appointed as competent persons trained in their duties, do they have
H&S qualifications and the authority to ensure the controls identified in
the RA are implemented and managed?
3. After the risk assessment is complete and control measures have been implemented reps
should be included in the review and monitoring process. Again it may be useful
to do this jointly with management if possible. But be careful of allowing
management to direct the process. If you or your members have any concerns
about the adequacy of the measures, or about how they are being implemented and
supervised raise them and put them in writing or have them minuted in review
meetings.
This is by no means an exhaustive list. Support for safety
reps engaged with risk assessments is widely available from HSE, TUC, UCU and
other union sources. (see links below).
Inspections rights and risk
assessments.
1.
Reps have rights to do independent inspections and must be given time and
facilities to do them (SRSC reg. 4, 5, 6, 7). Risk assessments do not replace your right to do independent
inspections.
2. If you find that management are not
properly consulting on any aspect of the RA process you can use your inspection
rights to conduct your own review of the risk assessments and the operation of
the control measures.
3. You do not have to inform management that
you intend to inspect but its good practice to do so.
4. You can talk to members privately as
part of your inspection; management must give you facilities to do this (SRSC
regs 4,5,6).
5. Any concerns you identify in your
inspection should be reported in writing to management and you should ask them
to acknowledge receipt.
6. Also circulate copies to members so
that they are aware of potential safety risks.
Dealing with serious and imminent
danger:
1. Your employer should have agreed
procedures with the Union to stop work where there is a serious and imminent
danger (MHSAW regulations: reg 8). If
they haven’t, now would be a good time for them to be informed of their legal
duty to do so!
2. If no imminent danger procedures are
in place and reps reasonably believe they have identified a serious or imminent
danger of infection then inform members immediately.
3. Reps should remind members of their
right under employment law to refuse to work whilst exposed to such risks.
Members are protected from any detriment or disciplinary action if they
exercise this right. (Employment Relations Act Part V section 44).
4. The members do not have to prove they
have a “reasonable belief” that the risk is serious and imminent.
5. Do not be seen to induce members to
take collective action however. Inform the Wales UCU office if members exercise
their right to stop work and remove themselves from the danger.
Don’t allow management to dilute the
safety rep role.
1. Remember as a safety rep you should
not act as a “competent person” to do the risk assessment on behalf of
management or “sign them off” as “suitable and sufficient”. This is not your
job; risk assessment is a legal duty placed on the employer. The only legal
duty placed on employees is to co-operate with the employer over health and
safety by obeying legitimate health and safety rules and instructions, and not
interfering with any equipment or other system provided for your safety and
those of others.
2. Under the SRSC regulations safety reps have legal protections for any action they take in the
conduct of their functions as set out in the SRSC regulations (Reg. 4). These include protection from any form of
victimisation, disciplinary action etc.
However actions taken as a competent person on behalf of management are
not protected.
Some useful
links: (Obviously check UCU, UCU Cymru and WTUC health and safety web pages).
https://learning.elucidat.com/course/5eb42594092f7-5ebc26efb60ce
https://unitetheunion.org/why-join/member-services/health-and-safety/ (SRSC link)
https://unitetheunion.org/media/3069/009-riskassessandprocedures-2020-05-07.pdf
https://unitetheunion.org/media/2997/201-workplaceinfectioncontrols-20-04-01-v01c.pdf
https://www.unison.org.uk/at-work/education-services/
If the branch can afford it this is always a useful Guide:
http://www.lrd.org.uk/db/downloads/Health_safety_law%202020.pdf
TUC fact sheet on consultation rights – attached
This is a sample checklist for reviewing and monitoring the
controls or helping reps do Covid-19 inspections if necessary. Obviously it
would need to be adapted for College use. NB
It is not to be used to conduct the actual risk assessment:
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