Health and Safety

Please visit here for the NEU’s advice on Health and Safety

Being a Health and Safety rep in your workplace

In every workplace union members can agree to appoint a safety representative, this is a legal right and only union members decide if they want a safety rep and who it is. The role of the Health & Safety rep is extremely important and one which can have a very powerful impact on the working and learning conditions of staff and students.

Health & Safety reps is able to undertake a range of actions on behalf of members but carries no legal duty or responsibility for health and safety in the school.

It is a good idea for every school to elect a H&S Rep as well as a Rep.  Under the Health and Safety at Work Act 1974, the H&S Rep has no additional duties beyond those of all employees.  But the employer has a duty to ‘ensure as far as reasonably practical, the health, safety and welfare at work of all employees’.

Safety reps have basic legal rights

The H&S Rep is entitled to investigate hazards and carry out safety inspections, make representations to the Head on health and safety matters and inspect documents such as risk assessments.

The legal framework for Health and Safety Reps in the workplace is contained in a TUC booklet called the Brown Book, which gives guidance relating to the Safety representatives and safety committees regulations 1977.  The Brown Book is on the NEU website. It includes information on the role, functions and rights of a health and safety rep.

Key rights include:

• to carry out regular safety inspections of the workplaces. The NEU advises that in schools termly is good practice
• time off to carry out such inspections (NEU guidance is half a day in small schools and full day in larger schools)
• to be provided with all written documents and policies relating to health and safety
• to be provided with copies for review of all risk assessments relating to workplaces related activities of all kinds (Risk assessments are management’s responsibility not the safety reps’)

Additionally:

• The employer/school has a legal obligation to inform and consult safety reps “in good time” on changes and matters in the workplace which may affect the health and safety of members who the safety rep represents.
• Each union can choose its own safety rep, but a safety rep for one union can represent staff in other unions by agreement as long as they have the same employer.

Safety inspections place no legal liability or obligation on safety reps. The role of the safety rep is to highlight and report possible issues. The responsibility for dealing with any issues raised rests with the employer not the safety rep.

Training for Health and Safety reps

Safety reps are entitled by law to paid time off for training – and the NEU provides excellent training course. Please discuss with the district secretary and/or the district health and safety advisor (see above) if you wish to undertake such training.

For information on the courses available to Health & Safety reps click here.

The NEU produces a wealth of excellent material for safety reps, with detailed guidance on everything from carrying out safety inspections, legal rights and advice on a whole host of issues.

How to notify your Head Teacher of the appointment of a Health & Safety Rep

Under Regulation 3 of the Brown Book employers need to be notified in writing by the trade union when reps are appointed and told who they represent.

The letter focuses on the functions of the safety rep and the rights to time off, in case head teachers may be unfamiliar with the legal entitlements.

Download a model letter notifying appointment of safety rep 2019

Please contact us with any questions or concerns you have regarding health and safety issues in your workplace or relating to your work.