Health and Safety (Consultation with Employees) Regulations (HSCER) 1996 (as amended)
These regulations require employers to consult with their employees on matters which could affect their health and safety. Such consultation should be undertaken soon enough for the employees to express their views and for these views to be considered. These regulations apply to all industries, employees and workplaces except for those workplaces in which safety representatives have been appointed by a recognised trade union under the Safety Representatives and Safety Committees Regulations 1977.
Duty of Employer to Consult
The regulations require an employer to consult with employees who are not represented in accordance with the Safety Representatives and Safety Committees Regulations and such consultation should take place on:
- Measures which could substantially affect employee's safety.
- Arrangements for appointing competent persons to assist in compliance with health and safety requirements and the implementation of emergency procedures as required by the Management of Health and Safety at Work Regulations.
- Information on risks and preventive measures which must be provided to satisfy the requirements of other regulations.
- Information on the planning and organisation of health and safety training which must be provided to satisfy the requirements of other regulations.
- The effects of new technology on the health and safety of employees.
This consultation must take place 'in good time'. This requires that information be given early enough to allow employees to express their views and employers to take account of those views. This consultation must take place before the employer takes a decision on matters relating to the consultation.