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Good idea for ALL Union Officials To read and understand the USR roles and responsibilities CWU's National Health, Safety And Environment National Officer has written to all CWU Branches detailing the roles and rights of its Union Safety Reps in order to ensure there is no misunderstanding regarding the employer's duty to ensure that USRs are given the time and the facilities to carry out their statutory function, one of which is to investigate accidents and near-misses.
Union Safety Reps are the only Trade Union officials with statutory rights, roles, and responsibilities. In his letter to branches (LTB087/24), Dave opens with an introduction as to the reason for issueing his LTB:
Given that there is currently a serious issue over the lack of provision of accident reports to USRs from a number of the employers that have active CWU USR's in their workplaces; the documentation attached to this LTB is of most important essence of the rights of being provided accident information in a timely manner in order for the appropriate USR to be able to investigate it. Dave continues: "In light of the findings, which are no surprise to the Health, Safety & Environment department, under-reporting is the norm and Safety Reps are advised to:
It is vital that all accidents, illnesses and near misses in the workplace are reported so that the cause of the accident and injuries can be identified and lessons can be learned so as to avoid re-occurrences." He explains further: "Safety Reps need to make sure they are aware of what management have to do when accidents occur and make sure it is done. Ensure that members know that they need to report all accidents and check that details are communicated promptly to the Safety Rep so that firstly, a check can be made on management fulfilling the employer’s legal obligations and secondly, that a prompt investigation is conducted, making sure that management are providing a safe place to work and safe systems of work in a safe working environment by carrying out regular workplace inspections – which Safety Reps are legally entitled to do."
"The Safety Representative and Safety Committees Regulations 1977 set out the legal functions for safety representatives, which include the right to investigate:
Safety Reps can therefore, immediately, and without formal notice of an inspection, investigate imminent risks and accidents.
In particular the picking on or otherwise victimising USRs for the work they do, is increasing amongst employers, and breaks both Employment Rights and is in contravention of the Safety Representative and Safety Committees Regulations 1977. LTB087/24 continues with statement form the Health and Safety Executive (HSE) on the rights of USRs: “Occupational accidents and ill health can be signals that risk control measures have failed. If they are properly investigated, this can reveal weaknesses in the control systems which need to be remedied.
Following An Accident Or Near-Miss A Safety Rep Should:
The remainder of the LTB provides details of the new HSE guidance and further advice to Safety Reps in carrying out their roles, including Inspections After An Accident, and the Blaming Accident Victims; as well as copies of a couple of documents, both of which are available from the Unionsafety E-Library. Both the HSE Guidance (HSG24) ‘Investigating accidents and incidents – a workbook for employers, unions, safety representatives and safety professionals’ and the 'Safety Reps Legal Rights To Inspect and Investigate – Law Summary Sheet' are available to download; as is the full text of LTB087/24 and a copy of the USR Bible, 'The Brown Book' HERE Source: CWU / TUC / unionsafety
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