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Section 13 of the Safety, Health and Welfare at Work Act 1989 requires that employers consult with their employees on matters relating to safety, health and welfare at work.
In addition Section 13 also contains the provision for employees to elect a person to represent them on matters of health & safety in the workplace.
The Act also states that employees shall have the right to make representations to and consult their employer on matters of safety, health and welfare in their place of work.
Employers must take account of any representations made by employees (So far as is reasonably practicable).
Safety Representatives have the right to information from employers, necessary to ensure the safety, health & welfare of employees.

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A safety representative may—

( a) Speak to an employer on any aspects of safety, health and welfare at the place of work
(If fellow employees are concerned about a specific work practise or equipment for example)

( b ) Investigate accidents and dangerous occurrences provided that it does not interfere with or obstruct any formal investigation, being undertaken.

( c ) Speak or write to the H S A inspectors on matters of safety, health and welfare at work.

( d ) Receive advice and information from inspectors on matters of safety, health and welfare at work.

( e ) Subject to prior notice to the employer and to agreement, carry out inspections. The employer shall, not unreasonably withhold this agreement.
Frequency of inspections should be determined by the nature and extent of the hazards in the place of work.

( f ) Investigate potential hazards and complaints made by any employee whom he/she represents.

( g ) On a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the
purpose of investigating an accident.

(h) An employer shall consider and if necessary, act upon any representations made to him by a safety representative.

( i ) In order to enable Safety Representatives to discharge their functions effectively, an employer shall afford him/her such time off from his/her duties as may be reasonable having regard to all the circumstances without loss of wages.

( j ) An employer shall allow a Safety Representative such time off from his/her duties as may be reasonable having regard to all the circumstances without loss of wages, to enable him to—
Acquire the knowledge necessary to discharge his functions as a safety representative.

(k) Arising from the discharge of his functions under this section, a safety representative shall not be placed at any disadvantage in relation to his/her employment.

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Procedure for selection of a Site Safety Representatives-Construction
(The Legal Requirements – Site Safety Representative as described under the Safety, Health & Welfare at Work (Construction) Regulations 2001 S.I. 481
TENTH SCHEDULE
Regulation 7)

1. In the absence of a site safety representative selected by the persons at work on the site, the following procedures shall apply.
The selection of a site safety representative should proceed as follows:

2. If a site safety representative is elected by the workers on the site at any time after commencement of activities on the site, this person shall be recognised as such by the project supervisor for the construction stage and particulars shall be noted in writing by the project supervisor for the construction stage.

3. If a safety representative has previously been selected under section 13 of the Principal Act by the employees of any of the contractors on the construction site the views of all persons at work on the site at the time must be taken into account when confirming that person as site safety representative.

4. If, at the time the number of persons at work on the construction site normally exceeds 20 and there is no site safety representative the project supervisor for the construction stage shall invite all persons working on the site at that time, to elect a site safety representative from amongst their number. If those working on the site are unwilling to organise a selection process themselves and request the project supervisor for the construction stage to do so he or she shall organise the election.

5. If a site safety representative is not selected under paragraph (3) the project supervisor for the construction stage shall invite persons working on the construction site or their representatives to nominate persons willing to undertake the role. If more than one name is put forward the project supervisor for the construction stage shall determine which candidate has the most support from all persons employed on the site. The person who has the most support shall be deemed selected.

6. If no site safety representative has been selected under paragraphs (1) to (4), the project supervisor for the construction stage shall nominate a provisional site safety representative. If subsequently a site safety representative is elected by a process involving more than 50 per cent of the persons working on the site at a particular time then that person shall be deemed to be the site safety representative.

7. The project supervisor for the construction stage shall take steps to inform all persons who are at work on the site at the time of the selection and subsequently of the name of the site safety representative. The project supervisor for the construction stage must keep available for inspection by an inspector a record of the name of the site safety representative and details of the selection process.

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Number of Safety Representatives

There is no requirement in law for a specific number of Safety Representatives in relation to the number of staff in any workplace.
However, the Health and Safety Authority have a booklet entitled Guidelines on Safety Consultation and Safety Representatives.
The recommendations in this booklet are that there is at least one Safety Representative elected in each location where a company carries out work.
More than one Safety Representative may be required in high-risk areas.
For example:
1. High risk manufacturing processes.
2. A varied workforce carrying out a variety of work activities.
3. Where there are a large number of employees in the company.

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Election of Safety Representative(s)

Safety Representatives must be elected by the employees of the company.
Employers must facilitate this process by organising the election.

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Term of Office of Safety Representatives

The Health & Safety Authority recommended term of office for a Safety Representative is three years.
The reason for this is that it will take some time for a person to acquire the knowledge and skill to be effective.

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Training of Safety Representatives

In order to be effective in any area, we all require training. This is also the case with Safety Representatives.
Any training undertaken or being considered by a Safety Representative must include the following areas:
1. Knowledge and understanding of current Health & Safety Legislation.

2. Legislation, Approved Codes of Practise and Guidelines appropriate to their working environment.

3. An understanding of the production and use of the Safety Statement.

4. Hazard Identification

5. Risk Assessment

6. Safety Auditing

7. Effective personal/interpersonal communication skills – Written and oral.

8. Implementing Emergency procedures.

9. Understand the functions of an effective Safety Management System.

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Employers Duties to Safety Representatives

Section 13 of the Safety, Health & Welfare at Work Act 1989 imposes the following duties on employers:

1. Arrange for the election of a Safety Representative/s in the workplace.

2. Provide training for the Safety Representatives.

3. Provide information to the safety representatives in relation to risk assessments, emergency procedures, and persons with specific responsibilities in relation to Health & Safety.

4. Consult with Safety Representatives. For record-keeping purposes it is advisable to have a formal meeting several times a year where minutes are taken.

5. Consider any representations made to him by the Safety Representatives in relation to safety, health or welfare (again it is best to document such representations).

6. Allow Safety Representatives to investigate any accidents or dangerous occurrences.

7. Allow Safety Representatives to make representations in relation to Health & Safety made to them by colleagues in relation to potential hazards.

8. Allow the Safety Representatives to conduct safety inspections at an agreed frequency and with prior notice.

9. Afford Safety Representatives, for the purpose of acquiring the knowledge necessary for the discharge of their functions, such time off from their duties as may be reasonable having regard to all the circumstances without loss of remuneration.

10. Afford Safety Representatives such time off from his/her duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him/her to discharge his/her functions as a safety representative.

Arising from the discharge of his/her functions under this section, a Safety Representative shall not be placed at any disadvantage in relation to his employment.

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Consultation Mechanisms

While there is no format laid down for consultation mechanisms, consideration should be given to a broad company based system.
For example it may be a formal system or an informal system, equally so it may be a combination of these.
There are numerous different forums for consultation between safety representatives and the employer, some formal and some informal.
Whichever system is settled on it must include an effective and easily understood recording system.
Formal meetings should be conducted on a periodic and regular basis, for example once a month to begin with and eventually every two months.
Attendees of the meeting should be notified in good time of the date of any proposed meeting.

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Safety Committees

What is a safety committee?

It is a forum for bringing together management and employee representatives, to co-operate in managing Health & Safety in the workplace.
The main advantage of a committee is that the practical and frontline knowledge of employees, is brought together with the larger overview of company policies and procedures of management.
Another significant benefit is the enhancement of a co-operative attitude among all parts of the work force toward solving health and safety problems.

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Who is responsible for establishing a Safety Committee?

Employers are responsible for establishing workplace health and safety committees.
Employers establish terms of reference applicable to the formation, structure and functioning of the committee.
Such terms of reference must ensure:

Compliance with legislation
Effectiveness of the committee in meeting workplace specific needs and the widest possible employee involvement.

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What does a safety committee do?

The Safety Committee is a way for a company to act on the principal of "internal responsibility" which allows it to act in a pro-active manner, in securing the Safety & Health of all employees in the workplace.
This "internal responsibility" principal requires employees and management to work together within the company to deal with occupational health and safety issues.

Activities of the Safety Committee include:
Participation in the development and implementation of programs to protect the employees safety and health.
Deal with employee complaints and suggestions concerning safety and health.
Ensure the maintenance and monitoring of injury and work hazard records.
Monitor and follow-up hazard reports and recommend action.
Set up and promote programs to improve employee training and education.
Participate in all safety and health inquiries and investigations.
Consult with Health & Safety professionals and technical experts.
Make recommendations to management for accident prevention and safety program activities and monitor effectiveness of safety programs and procedures.

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Is a committee or a representative required by law?

While there is no requirement in Irish law at present for company to have a Safety Committee, there is such a requirement for a Safety Representative.
Consult the most up-to-date applicable legislation to find out what the requirements are for your workplace.

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Selection Process for Safety Committee Members

Selection can be made according to the terms of reference developed by your workplace. Usually, committee members are selected through election, appointment, or less formally by choice or volunteering. Management members, are usually appointed by the employer.

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What is the ratio of management to labour members on the committee?

This will depend on the number of employees, number of work locations and the types of hazards associated with the work.
There should not be more management members on the committee than employee members.
Some will be standing members such as the Safety Representative, management representative and a representative from production/maintenance.

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What would be representative of the workplace?

Too few workers may mean that all segments of the work force are not represented, while too many members may make the committee hard to manage, resulting in more debate and less action.
In deciding the ideal committee size, consider:

Total number of workers
Number of different trades or unions involved
Complexity of the operation
Degree of hazard in work
Locations of work

Whether all segments of work force are represented (management, supervisors, male workers, female workers, office staff)
Whether the committee encompasses adequate knowledge of conditions, processes, practices.

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Must members be trained or qualified in health and safety?

To contribute fully to all committee activities.
Items to consider in such training should include:

Committee responsibilities/authority
Occupational health and safety law
Principles of accident causation
Hazard recognition
Job safety analysis
Industrial hygiene
Methods of raising safety awareness
Audits/Inspections
Accident investigation
Effective oral/written communication

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Do members have to have relevant work experience and/or training?

Committee members should be chosen with care.

They should be open to change and must commit to the consultation process.
Consideration should be given to including employees involved in hazardous or complex areas of work and to those in the various areas of process.

Other employees to consider would be workers with long service in the organisation. They will usually have a greater appreciation of the overall work carried out and its associated safety issues to be considered.

Safety Committee members may be required to conduct regular inspections of the workplace.

Employees who already have a knowledge and experience of hazard identification and risk assessment should certainly be considered.

Members of the fire warden team, first aiders etc, can either serve time on the committee or act as a source of information and advice for the committee.

Those members of staff, who have specific expertise, in any particular area should also be included as a resource for getting information and advice.

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How long does a person serve on the Safety Committee?

There is no particular length of time for serving on the committee. However, it should not be so long that members lose interest.
Whatever time frame is decided on, new membership should be staggered, so that there are always experienced members present; to help new members settle in.
A good guide would be that at any time not more than fifty percent of the committee should be new members.

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What is the Safety Officer/coordinator's role.

The functions of the Safety Officer/coordinator and the Safety Committee are very closely linked.
However, in order to minimise the possibility of confusion and/or conflict his/her role on the committee must be clearly defined.

As management will be represented on the committee, the Safety Officer/coordinator should attend every committee meeting. The role he/she will play at meetings should be agreed at the outset, by mutual consent.

For example, his/her role at these meetings may be that of resource person, advisor, or guest.

Whatever, that role is the committee should not be controlled (or seen as controlled) by the Safety Officer/coordinator.

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Can there be more than one Safety Committee at a workplace?

The simple answer is yes.

The form and depth of consultation required, will depend on the number of workers, complexity of operations, or different locations and the types of hazards involved in the work process.
In the more complicated cases, a coordinating central committee, with representation from each local committee might be considered appropriate.

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Are members compensated for time spent on committee activities?

At present there is no legislative requirement for committee members to be compensated.
However, employees should not be placed at any disadvantage in relation to their time spent on the committee.
This includes time allocated to prepare for the meeting, the meeting itself, and any related activities (such as workplace inspections). With shift-work, this provision is especially important to ensure full attendance at meetings and that all committee tasks are carried out.

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What rights do committee members have?

As part of the consultation process required under Section 13 of the Safety, Health & Welfare at Work Act 1989 and as part of a joint agreed strategy to securing a safer workplace, members would have agreed and legislative rights.

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What about records of meetings?

Minutes of all committee meetings should be maintained.
Keeping accurate records of the activities and discussions of the joint health and safety committee is necessary to help ensure that each concern and resolution is documented.
Minutes of meetings, are generally circulated to all committee members and consideration should be given to posting one copy in a prominent place in the workplace.
It is recommended that the minutes be circulated to committee members and posted within a week from the meeting. Posted minutes should remain so for at least a month.
Persons should be assigned specific duties or tasks along with expected completion dates.
This process has been statistically proven to half the number of industrial accidents in any organisation and is therefore very worthwhile.

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What about the agenda for meetings?

Agreeing a time limit for the meeting.

Agree the minutes of the last meeting to ensure that all members are aware of the issues discussed and scheduled for action.

Review the scheduled tasks, to ensure that they have been carried out.

Discuss the representations and accident/incident reports received since last meeting and action taken.
Discussing safety performance and new work processes and equipment.

Any other issues which individual members might want to raise. This might include new initiatives or competitions from the Health & Safety Authority or other organisations.

Agreement on minutes to be posted and on a date for the next meeting.