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The decision by the government's safety watchdog not to recommend a duty on employers to consult with safety reps has been condemned by the unions TGWU and Amicus.
The unions were speaking out after a discussion at the Health and Safety Commission's March meeting of the findings of a major consultation into worker involvement, which found there is overwhelming support for a move to require employers to consult on risk assessments and to respond to representations from safety reps.
A Health and Safety Executive (HSE) paper presented at the meeting, however, recommended no action to change the law.
Bob Blackman, TGWU national secretary for construction, said it seemed that 'if you're an employer your voice will be heard but if you're a trade union putting forward carefully crafted arguments you will be ignored.' He added: "These are harsh words for the HSE but when they ignore the 91 per cent who backed a duty to consult safety reps and the 96 per cent said there should be a duty to respond to representations from safety reps what else are we supposed to think?"
Rob Miguel, Amicus health and safety officer, said: "It is an outrage that genuine consultation was literally being ignored. As well as overwhelming trade union support for changes in the consultation, 72 per cent of employers were also in favour of a duty to respond to representations from safety reps."
Amicus said it is also angry that the HSE paper failed to address the lack of enforcement of safety reps' existing rights and other safety rules, despite evidence of this given during consultation. It has written to HSE asking it to reconsider its position.
The unions have been backed by Bolton North-east MP David Crausby. He said HSE's recommendation 'is an incredibly embarrassing decision, in the light of such an overwhelming response in favour from the consultation.
This change would have given health and safety reps real teeth, but it seems HSE has caved in to the CBI and the EEF.' The meeting agreed there should be further discussions involving the TUC and CBI on whether changes could be made to either the regulations or the related approved code of practice to deliver a safety rep right to be consulted on risk assessments and to receive a response to safety queries.
A further paper on legislative changes will be produced in the next few months.
Source: Risks
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