Employers must consult their workers on health and safety. Workers know where the real risks are, and involving them leads to better decisions and safer workplaces. Two sets of regulations set out how consultation works, depending on whether a trade union is recognised.
The two sets of regulations
| Regulations | Applies where | Consultation through |
|---|---|---|
| Safety Representatives and Safety Committees Regulations 1977 | A trade union is recognised for collective bargaining | Safety representatives appointed by the union |
| Health and Safety (Consultation with Employees) Regulations 1996 | Employees are not represented by union safety reps | Employees directly, or elected representatives of employee safety |
What employers must consult on
- Any change that may substantially affect health and safety, such as new equipment, processes or ways of working
- Arrangements for getting competent health and safety advice
- Information employees must be given about risks and controls
- Planning and organising health and safety training
- The health and safety consequences of introducing new technology
Consultation means listening and taking account of views before decisions are made, not just telling people afterwards.
What union safety representatives can do
- Represent employees in consultation with the employer
- Investigate hazards, dangerous occurrences and complaints
- Inspect the workplace, normally every three months, after giving written notice, and after notifiable incidents or significant changes
- Receive relevant information from the employer and from inspectors
- Attend safety committee meetings
- Have paid time off to carry out their functions and to train
Safety committees
If two or more union safety representatives ask in writing, the employer must set up a safety committee within three months. Even where it is not required, a committee is a good way to involve people. It typically reviews incidents and trends, audit and inspection findings, new risks and training.
Representatives of employee safety
Under the 1996 Regulations, elected representatives have a narrower role. They can make representations on hazards and general matters, and represent employees in consultation with inspectors. They are also entitled to reasonable training and paid time off.
The ACoP and official guidance
| Publication | Status | What it covers |
|---|---|---|
| L146 Consulting workers on health and safety (2nd edition, 2014) | ACoP and guidance (in part) | Part 1 contains the ACoPs for the 1977 Regulations, covering safety representatives and their time off for training. Part 2 on the 1996 Regulations is guidance only. |
An Approved Code of Practice (ACoP) has special legal status under section 16 of the Health and Safety at Work Act. If you are prosecuted and did not follow it, you must show that you met the law in some other way that was just as good. Guidance on Regulations has no special legal status, but inspectors refer to it and following it is normally enough to comply. Our guide to UK health and safety legislation lists every law and its ACoP or guidance in one place.
Training that helps
Our health and safety representative training prepares reps for their role. For managers, IOSH Managing Safely and IOSH Leading Safely explain how worker involvement drives a good safety culture, and the NEBOSH National General Certificate covers consultation law in full.
Frequently asked questions
Is it a legal requirement to consult employees on health and safety?
Yes, under either the 1977 Regulations where a union is recognised, or the 1996 Regulations where it is not.
Is a health and safety committee a legal requirement?
Only if two or more union safety representatives request one in writing. It is good practice for larger organisations anyway.
How often can safety reps inspect the workplace?
Normally every three months, with written notice, and more often after incidents or significant changes.
Do safety representatives get paid time off?
Yes, for their functions and for reasonable training.
Read the source
The Safety Representatives and Safety Committees Regulations 1977; the Health and Safety (Consultation with Employees) Regulations 1996; and HSE L146, Consulting workers on health and safety (2nd edition, 2014). Facts checked on 7 October 2026.
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