Is a safety committee or a worker safety representative required in the United Kingdom?

Consultation is always required, but a committee is not automatic. Every employer in Great Britain must consult its workers on health and safety. Where a trade union is recognised, it may appoint safety representatives, and the employer must set up a safety committee within three months if at least two of them ask for one in writing. Where workers are not represented by a union, the employer consults them directly or through elected "representatives of employee safety".

Short answer

• Union safety representatives: a recognised trade union may appoint them from among the employees (Safety Representatives and Safety Committees Regulations 1977, regulation 3); the employer must consult them (HSWA section 2(6)).
• Safety committee: compulsory when at least two safety representatives request it in writing; it must be set up within three months, after consultation, with a notice posted showing its membership and coverage (regulation 9).
• Non-union workforce: the employer must consult employees in good time, either directly or through elected representatives of employee safety (Health and Safety (Consultation with Employees) Regulations 1996, regulations 3 and 4).
• No headcount threshold makes a committee or representative compulsory on its own.
• Rights: union safety representatives may investigate hazards and accidents, inspect the workplace, consult inspectors and take paid time off for their functions and training. Representatives of employee safety may make representations, speak for their group to inspectors, and receive reasonable training paid for by the employer and paid time off (1996 Regulations, regulations 6 and 7).

What must be consulted on

Under the 1996 Regulations, the employer must consult in good time on:

1. any measure that may substantially affect workers' health and safety;
2. the arrangements for appointing competent persons and people to help in emergencies;
3. health and safety information the workers must receive;
4. the planning and organisation of required health and safety training;
5. the health and safety consequences of introducing new technology.

Union safety representatives have similar rights to consultation under section 2(6) of the HSWA, plus specific functions under the 1977 Regulations.

Functions and rights of union safety representatives

A safety representative should, so far as reasonably practicable, have two years' service with the employer or two years' experience in similar employment (regulation 3(4)). The functions give rights, not personal legal duties beyond those of every employee.

How the UK compares

The EU Framework Directive 89/391/EEC (Article 11) requires balanced consultation and participation of workers or their representatives, leaving the form to national law. In Türkiye, Law No. 6331 makes an OSH committee (iş sağlığı ve güvenliği kurulu) compulsory where there are 50 or more workers and continuous work lasting more than six months (Article 22), and sets the number of worker representatives by headcount, from one representative for 2 to 50 workers (Article 20). The UK links committees to representatives' requests rather than to workforce size.

Common mistakes

• Thinking a small firm need not consult. The duty to consult applies to every employer; only the form differs.
• Missing the three-month deadline after a written request for a committee.
• Refusing paid time off for safety representatives' training.

Related on excodex

• Occupational safety and health in United Kingdom: law, authorities and employer duties
• Worker consultation and participation in OSH
• OSH committees and worker representatives in Türkiye
• OSH law compared: appointments, committees and reporting deadlines

Standards and further reading

• Health and Safety at Work etc. Act 1974, section 2(4) to (7): https://www.legislation.gov.uk/ukpga/1974/37/section/2
• Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500): https://www.legislation.gov.uk/uksi/1977/500
• Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513): https://www.legislation.gov.uk/uksi/1996/1513
• HSE, Consulting and involving your workers: https://www.hse.gov.uk/involvement/

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.