Health and safety inspections Hugh Robertson TUC

Inspections What I will cover is: What the law says Why we do them When and where How we do them After an incident What happens after There is a TUC guide to inspections It is not just going to be about the legal requirements but about some tips to help you to be more effective.

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The Law Health and Safety at Work Act – General Duty on employers to cooperate effectively with employees. Safety Representatives and Safety Committees Regulations 1977 Regulation 4 – one of the functions of a union safety representative is “to carry our inspections in accordance with Regulations 5,6,and 7.” Regulation 5 deals with inspections of the workforce. Regulation 6 deals with inspections following over-three-day-injuries, notifiable accidents, dangerous occurrences and diseases. Regulation 7 deals with inspection of documents and provision of information.

The Law – what the HSE says Union-appointed health and safety representatives can inspect the workplace. They have to give reasonable notice in writing when they intend to carry out a formal inspection of the workplace, and have not inspected it in the previous three months. If there is substantial change in conditions of work or HSE publishes new information on hazards, the representatives are entitled to carry out inspections before three months have elapsed, or if it is by agreement. The frequency of inspections will depend on the nature of the work. Inspections may be less often, for example, if the work environment is low risk like in a predominantly administrative office. But if there are certain areas of a workplace or specific activities that are high risk or changing rapidly, more frequent inspection may be justified, for example on a construction project. Can’t stress too much that the law puts duties on employers – not on safety representatives. You are not expected to be experts. If something goes wrong or you miss something it is because the employer failed to prevent it. Not you. You have no legal duties or responsibilities under health and safety law!

Why do we do them? Keep the workplace safe and healthy by: Identifying hazards that could injure your members or anyone else in the workplace Giving reassurance that the employer has identified risks and controlled any hazards, and that the processes in place are succeeding To show your members that you are active in promoting their interests, and give them the opportunity to raise any issues. Why do we do them? Obvious I guess Even if there are no major hazards identified. Don’t forget that a safety rep covers, not only union members but all workers. We are checking that the systems that your employer has in place are working. Health and safety is a big recruitment opportunity

When (and where) do we do them? As often as we need Not just every three months, but also if there is an incident, a change in working methods or organisation, or an incident. Also not only in the main premises but the whole building(s) – anywhere anyone has access including basements, outhouses, etc. You can visit outside working hours – what about security staff, cleaners, shift workers etc. But nowhere unsafe. If there are places that only “authorised people” can visit, discuss with the employer how you can verify – possibly through asking for photos and safety cases/risk assessments – and of course talking to the people who do have access. Even if they are working for a contractor – the safety rep covers all staff unless they are in a different union and have their own rep.

How do we do it? This is what the HSE says – but it is for employers. Not for reps. Plan a programme of inspections - you and your representatives can plan a programme of inspections in advance... Agree the number of representatives - agree the number of representatives taking part in any one formal inspection... Co-ordinate inspections - plan inspections if there is more than one representative, because they can then co-ordinate their inspections to avoid unnecessary duplication. Inspect together - it will help your relationship with the representatives if you inspect together... Consult specialists - if there is a safety officer or specialist advisers... Break down tasks - for larger workplaces, it may not be practical to conduct a formal inspection of the entire workplace in a single session... There are a couple of things I would challenge here. First is the idea that inspections are always planned. That just allows the employer to make sure that everything is in order that day. You MUST however tell your employer in advance. Secondly – joint inspections. Yes and NO. They can be useful but so are union only ones. Coordinating inspections is important, but not necessarily with the employer – if there is more than one union then try to cooperate. Also if there are several safety reps you can divvy up the workplace or sometimes it makes sense to have an experienced rep and a new rep to do it together.

Preparing An inspection is not just a physical inspection of the workplace. It is an inspection of all the processes and paperwork. Get prepared first. Check the accident book RIDDOR Ask for sickness absence records Risk assessments Safety data sheets Training records You are entitled to these by law. You can’t see stress, or bullying, or many of the other hazards at work. But the inspection CAN cover them if you get the sickness records.

Carrying out the inspection Prepare a checklist (The TUC has one so do many unions). Make it relevant to your workplace. Fire safety??? Not just ticking boxes – talk to people. Take photos Make notes Don’t be afraid to ask advice after on any issue from your union. It should include issues such as welfare facilities. If you are a rep in a supermarket then there will be issues such as violence and abuse from customers, possibly occupational asthma, slips trips and falls from spillages If it is a construction site the hazards will be very different from a school – although many will be the same. You might want to do a separate fire inspection or combine it. There is no right or wrong. Sometimes different member of staff responsible so let employer know in advance. ask questions about their hours of work, any problems with their managers.

Inspections after an incident After an injury, dangerous occurrence, near miss or notifiable disease make sure the inspection happens as soon as possible. But make sure the workplace is safe first. If there is a serious injury make sure the area is treated as a crime scene. Get witnesses to write down details of what happened as soon as possible Make sure that work does not commence until what caused the injury or near miss is sorted. Sounds a bit melodramatic but if the employer is responsible for an injury it is a criminal act and the workplace should not be “put right” before the HSE/LA inspectors have seen it. If your employer tries – contact your union immediately.

What happens after? Keep as much information as you can and then do a report on any problems that you identify. Keep it simple. Serious problems should be notified verbally immediately. Many unions have a form HSE website 2 forms Inspections https://www.hse.gov.uk/forms/incident/f2534.pdf Reporting to employer https://www.hse.gov.uk/forms/incident/f2533-f2534.doc Consider putting your report on the union noticeboard or emailing members with the findings. There is also a form on the TUC website

After an inspection– what the HSE says (to employers) Explain the reasons for any follow-up action you decide to take to your representatives. Let the representative who notified you of the inspection have the opportunity to inspect again so they can check if the issues raised got appropriate attention, and record their views. Share the follow-up action taken throughout the workplace and other relevant parts of the business, including the health and safety committee where there is one. There may be times when action may not be appropriate, you may not be able to act within a reasonable period of time, or when the action you take is not acceptable to your safety representatives. It is advisable to explain the reasons for the action you have decided to take in writing to your representatives. You can even use the sample inspection form [PDF 16KB] PDF and report form [PDF 16KB] PDF on the HSE website to do this. You remain responsible for taking decisions about managing health and safety, but by explaining the reasons for actions and being open with your representatives, you can show that you have considered what they had to say.

After an inspection – What needs to happen Prioritise! Try to agree a timetable with management. Publicise management’s response. Check the measures are implemented properly and in time. Take it further if necessary and the issue is serious. (Including contacting the HSE) Get inspection reports considered at the joint health and safety committee. Not all issues are the same and some will be more urgent than others That does not mean accepting what management says. If you consider there is a serious risk then it needs resolving urgently This is recommended in the HSE guidance. That can mean going above the head of the line manager or safety officer you have been dealing with and it can involve asking your union for help or notify the enforcing authority. There is a special email address for the HSE that prioritises serious complaints from union health and safety reps.

Union Inspection Notices Going further: Union Inspection Notices This is a negotiated system whereby the employer agrees to respond to any safety issues with a certain time. If not the matter is automatically referred upwards. (click here) These can be linked to inspections. There is TUC guidance on this. (hyperlink) It is not suitable for urgent matters.

Conclusion Inspections are one of the main parts of a safety reps role. You are not expected to be experts - always ask for help if you need it. Your work does not end with the inspection.