Consultation with safety representatives and the workforce is central to most workplace health and safety improvements and will be the key to the successful introduction of measures to reduce the incidence of work-related injuries and ill-health. Success is more likely if information and training is provided to all those involved, and if workers and their representatives are involved early and at every stage.

Employees have knowledge, expertise and ideas which give them a unique opportunity to contribute to promoting a safe and healthy workplace. Effective consultation promotes a pro-active safety culture based on providing the opportunity for employees to contribute this knowledge and expertise to the identification of hazards and the preparation of risk assessments. 

The difference between communication and consultation is not clear cut and the terms are sometimes used interchangeably.  There is an essential difference, however, in that communication is concerned with the exchange of ideas and information within an organisation. 

Consultation goes beyond this and involves employers actively seeking and then taking account of the views of employees, or their representatives, before making a decision.  In the context of health and safety, it is the process by which employers and safety representatives can jointly examine and discuss safety issues in order to find acceptable solutions to problems through an open exchange of views and information.

Effective consultation therefore relies on:
     • the sharing of relevant information about health and safety measures with employees;
     • employees being given the opportunity to express their views and to contribute in a timely fashion to the resolution of health and safety issues
     • the views of employees being valued and taken into account

Such consultation can result in:
     • improved management decisions through gathering a wider source of ideas about health and safety
     • greater employee commitment to health and safety through a better understanding of health and safety decisions and employee ownership of the outcome of the consultation
     • greater openness, respect and trust between management and employees through developing an understanding of each other's point of view
     • higher employee morale and job satisfaction through the employer demonstrating that employee views are valued and taken into account
     • reduced injury and disease with consequent savings to the employer, employees and the general community.

Employers who effectively involve the workforce through consultation seldom need to refer to legal requirements as the motivation for such consultation.  They are convinced of the practical benefits of employee involvement in risk management. Going beyond mere compliance with regulations involves revitalising the relationship between employers and employees, leading to the development of a true partnership.

Safety representatives, who have a legal right to be consulted on health and safety matters, should be seen as partners in improving health and safety standards.


LEGAL REQUIREMENTS FOR EMPLOYEE INVOLVEMENT

The Health and Safety at Work Act, 1974 makes it clear that "it shall be the duty of every employer to consult any such (safety) representatives, with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate in promoting and developing measures to insure the health and safety at work of employees, and in checking the effectiveness of such measures."  (Section 2(6)).

The Safety Representatives and Safety Committees Regulations, 1977 detail the appointment, functions and rights of trade union safety representatives , including their right to consult with the employer on matters relating to the health and safety of the employees they represent.

Employers have duties to consult employees who are not represented by trade union safety representatives under the Health and Safety (Consultation with Employees) Regulations 1996. This may be done directly or through elected representatives. All representatives must be provided with paid time off to carry out their duties and to undertake appropriate training; they must also be given adequate facilities on site.

The Management of Health and Safety at Work Regulations 1992 amend the Safety Representatives and Safety Committees Regulations 1977 by requiring employers to consult with safety representatives on matters related to:
a) the introduction of any measure that will affect the health and safety of employees represented by the safety representative;
b) any health and safety training or information the employer is required to provide to employees

HSE GUIDANCE
L87 Safety Representatives and Safety Committees, third edition
L95  A Guide to the Health and Safety (Consultation with Employees) Regulations