The Health and Safety (Consultation with employees) Regulations 1996

The Health and Safety (Consultation with Employees) Regulations 1996 requires employers to consult employees on such matters if they do not have formally appointed safety representatives. The consultation can either be direct with the employees or with one or more of them whom they may choose for the purpose called "representatives of employee safety" to distinguish them from safety representatives. The regulations came into force on 1st October 1996. There is no "small employer" exemption.

The 1996 regulations give these "representatives of employee safety" the right to time off with pay for training and carrying out their duties. It also specifically protects them against victimisation by amending ERA 1996, ss.44 and 100 accordingly.

The Health and Safety Commission have published a relevant free leaflet, "Consulting employees on health and safety; a guide to the law", available from HSE Books.