Making representations
Once safety reps have investigated unsafe conditions or hazards to health in their workplace, the SRSCR gives them the right to make representations as follows:
(a) To the employer about potential hazards or about members complaints
(b) To the employer on behalf of all employees as regards general health, safety or welfare matters at work
(c) To bring to the notice of the employer their findings and complaints after inspections
(d) To represent members in workplace consultations with HSE inspectors

Receiving information
Under the SRSCR, safety reps are entitled to receive full information from their employers to enable them to carry out their functions. However, their employers can refuse information if giving it:
(a) Endangers national security
(b) Breaks the law
(c) Breaks confidentiality without permission from the individual concerned
(d) Harms the business (excepting its impact on health and safety)
(e) Is in connection with legal proceedings

Under Section 28 (8) of HASAWA, HSE inspectors and local authority environmental health officers have a duty to disclose specific kinds of information to employees or their representatives concerning their health
or safety or welfare at work. This information includes any measurement testing, the results of sampling or monitoring and any action that the inspector takes or proposes to take; for example, prosecutions, the issue of
Improvement or Prohibition Notices or warning letters to employers.

Safety reps should ensure that they are informed by the employer when an HSE inspector or an Environmental Health Officer (EHO) is expected to visit the premises. When the HSE inspector or the EHO are actually in the workplace, safety reps should ensure that they are given the opportunity to speak privately with the inspectors.

Absence of legal liability
Under SRSCR, safety reps are given a number of legal functions, which their employers should allow them to carry out. However, Regulation 4 also states that they can not be legally penalised if they do not, or only
partly, carry them out.

As safety reps are not legally responsible for health, safety or welfare at work under these regulations they cannot be liable in either criminal or civil law for anything they may do, or fail to do.

This protection does not absolve safety reps from their general responsibility as an employee, but it does ensure that their responsibility has not increased because of their appointment.

Protection for safety reps and employees
The Employment Rights Act 1996 (Section 44 and 100) strengthens the position of safety reps and employees. Safety reps are protected from detriment or dismissal for carrying out their designated functions. They and other employees are also protected:
(a) If they leave, or propose, to leave the workplace in circumstances of serious and imminent danger
(b) If they take or propose to take action against serious and imminent danger

This section of the Act adds Sections 22A and 57A to the Employment Protection (Consolidation) Act 1978. Protection is available regardless of length of service, hours of work or age. The rights are enforceable through industrial tribunals.

Facilities for safety reps
During formal inspections, employers are required to furnish reasonable facilities and assist safety reps. These are not specified in the SRSCR, the ACoP or Guidance.

Amicus-AEEU believes the following facilities, recommended by the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice on Time Off for Trade Union Duties and Activities, should be made available:
(a) Accommodation - e.g. use of suitable room for reporting back to and consulting with members
(b) Equipment - e.g. a room and desk at the workplace, facilities for storing correspondence, access to internal and external telephones, typing and duplicating facilities, provision of noticeboards)
(c) The names of new workers
Other facilities should include the provision of copies of all relevant Acts, Regulations, ACoPs and Guidance and copies of all legal or technical standards that are relevant to the workplace, information on plant, equipment and substances used in the workplace.

Most of this information is available over the internet and all legislation since 1996 is freely available from open government sites. You should have access to this source of information.

These facilities should be the subject of negotiation.

The right to paid time off work
Under the SRSCR, all safety reps have the right to paid time off work in order to:
(a) Carry out their safety functions
(b) Undergo union training courses for safety reps in accordance with the ACoP

The SRSCR do not give safety reps the right to demand a specified period off work. This has to be negotiated with employers, but the ACoP is designed to assist safety reps in these negotiations.

Safety reps should also note that employers under HASAWA have the duty to train all employees in basic job safety. The regulations affected by European Directives emphasise the importance of this. Safety reps should
be allowed to attend in-company training so they can understand workplace hazards met by those they represent. If your employer appears unwilling to allow you this right, contact your union Regional Official immediately.

Details of the code on time off
As soon as possible after their appointment, safety reps should be allowed paid time off work to attend basic training approved by their union. Further training should be undertaken when the need arises. This may involve refresher courses or further training on specific hazards such as noise, chemicals or new technology.

The amount of time required for training cannot be rigidly prescribed.  But basic training should teach new safety reps about their functions under the SRSCR, helping them understand their role and that of safety
committees. It should also instruct them about trade union policies and practices regarding:
(a) Legal requirements relating to health and safety at work, with particular reference to the groups whom they represent
(b) Nature and extent of workplace hazards, and measures available to eliminate or minimise them
(c) The health and safety policy of their employer and the arrangements for fulfilling that policy