Representation and consultation on health and safety in chemicals by David Walters and Theo Nichols, Employee Relations, 28/3, 2006.
Joint arrangements involving representation and consultation with employees on health and safety matters lead to better outcomes in terms of health and safety awareness and performance than when health and safety management is left to employers to manage unilaterally .
There are a number of preconditions that need to be in place if representation and consultation on health and safety is to occur in a meaningful way. More significantly for current policy development in this field, however, is the finding that such preconditions were seldom present in anything like their entirety in the case studies we examined. As a result, the relevant legal requirements had not been implemented. Given that our choice of workplaces probably represented the better end of the industry we chose to study, we can assume that the preconditions we have identified will be even less frequently found elsewhere.
Since the election of a Labour Government in 1997 there have been frequent calls for a new, consolidated and improved regulatory basis for worker representation and consultation on health and safety. These demands have concerned inter alia:
- rationalising the existing multiple sets of regulations into one comprehensive set of regulations, and ensuring that all workers have access to representation;
- increasing the specific rights of trade union health and safety representatives,
- including giving them rights to issue quasi-legal notices and for their trade unions to initiate private prosecutions;
- making employers duties to respond to representations more explicit and onerous;
- giving representatives greater capacity to represent employees who are not employed by the same employer as they are, (including employees in small firms); and
increasing the role of regulatory agencies in seeking compliance with the legal requirements for representation and consultation.
To date no consolidation or strengthening has taken place. Instead the HSC has published a voluntary statement of principle on representation and consultation on health and safety. The chairman of the HSC has also publicly set his face against such legislative action, confirming that the direction preferred by current policy makers on health and safety is away from further regulation and towards emphasising voluntary effort and arguing that health and safety representatives do a good job precisely because they are not inspectors and can improve health and safety informally. Increasing their powers would dramatically change their job.
The evidence of our study, combined with that of previous work, suggests that existing legal requirements on such matters as the provision of training, the making of representations to employers, the receipt of information, engagement in risk assessment, prior consultation over workplace changes that might affect OHS and liaison with inspectors are all rarely acted upon in practice. In addition these and other requirements are rarely, if ever, the subject of enforcement by the regulatory agencies. If the wider legal basis were to be properly implemented it would considerably improve the present situation. Action to secure such implementation is therefore required.
Factors associated with the activities of safety representatives in Spanish workplaces by Ana M García, Maria José López-Jacob, Isabel Dudzinski, Rafael Gadea and Fernando Rodrigo Published in Journal of Epidemiology and Community Health, 2007.
Factors influencing worker and safety rep participation How to understand the OHS participation process By Kaj Frick, in co-operation with John Sjöström.
The role and effectiveness of safety representatives in influencing workplace health and safety by David Walters (University of Cardiff), 2005.
This study presents a review of the quantitative and qualitative evidence for the link between worker representation and consultation and effective health and safety management. Through a series of detailed case studies in two sectors of the economy, it examines the dynamics of representation and consultation in improving health and safety performance. Its review of previous studies and the evidence of the case studies detailed in the report support a conclusion that joint arrangements, through which workers are represented and consulted on their health and safety, are likely to have better outcomes than arrangements in which management acts without consultation. However, it suggests that arrangements for worker representation and consultation are dependent upon a number of preconditions for their effectiveness. These include a strong legislative steer, effective external inspection and control, demonstrable senior management commitment and capacity towards both health and safety and a participative approach, competent hazard/risk evaluation and control, effective autonomous worker representation at the workplace and external trade union support. Such preconditions were not present in the majority of the case studies and both they and the review of the wider literature suggest that changes in the structure and organisation of work mean that achieving them present considerable challenges. Nevertheless, the study found a number of examples of ways in which these challenges had been successfully addressed. It suggests therefore that there are important messages presented by these examples for regulators, trade unions and employers alike if worker representation and consultation is to be supported in realising its potential to contribute to improved health and safety outcomes.
The OHS-effect of worker participation in the Netherlands By Jan Popma (Amsterdam University), English Summary of a Ph D Thesis, 2003.
United Kingdom: the workers safety advisers pilot A HSE report, 2003. Workplaces with safety representatives and safety committees have significantly better accident records than those with no consultation mechanism, recording up to 50% fewer injuries. However, the majority of the workforce are not members of a trade union or employed in workplaces where unions are recognised. In this context, it is important to consider the most appropriate way in which effective representation can be developed in small firms and those workplaces with no union recognition agreements. One possible option to achieve this is through the work of independent, roving health and safety advisors, or Workers Safety Advisers (WSA). The purpose of this WSA pilot is to evaluate the effectiveness of a voluntary workers' safety advisors scheme by setting up and running pilots in a variety of employment sectors.
Barefoot research: a worker's manual for organising on work security by Margaret Keith, James Brophy, Peter Kirby, Ellen Rosskam. Published by the International Labour Organisation, 2002.
The manual has been developed to help empower workers to increase their level of control over their own work situations, to protect their health and well being, and to improve their level of basic security. This is a practical guide, providing workers, and employers, with tools to: identify work security problems, tackle problems from a worker centred perspective, use barefoot research tools, use the results of Barefoot Research to improve their work security, organize for work security.
The impact of trade union education and training in health and safety on the workplace activity of health and safety representatives by David Walters, Peter Kirby and Faïçal Daly (Centre for Industrial and Environmental Safety and Health, South Bank University), 2001.
This research demonstrates the significance of trade union training in stimulating and supporting the workplace activities of trade union health and safety representatives. Such representatives engage in increased health and safety activity as a result of attendance on training courses and they perceive the training they receive to be a substantial support for their health and safety achievements as well as a significant aid in overcoming barriers to their workplace actions.
The research indicates a connection between the stimulating and supporting role of trade union training and its content and methodology. In particular it identifies the experience based, student centred, collective ethos of the pedagogy of labour education as fundamental in developing and reinforcing a worker-centred approach to health and safety. It suggests that it is this approach that provides trade union representatives with the confidence and skills to enable them to engage effectively in participatory health and safety management. The research also describes some of the challenges of availability, coverage and access to training that need to be taken into account when considering its importance. Finally, it outlines the implications of its findings for the future development of policy on competence and the role of training in representative worker participation in occupational health and safety in the United Kingdom.
Workplace consultation on health and safety A report by the Institute of Employment Studies prepared for the Health and Safety Executive, 2000.
Statutory employee involvement in health and safety at the workplace: a report of the implementation and effectiveness of the safety representatives and safety committees regulations 1977 by David Walters and S. Gourlay, 1990.
Australia: worker participation in health and safety. A review of Australian provision for worker health and safety representation By Sarah Page, HSE, 2002.
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