Health and Safety in Employment Act 1992

  • repealed
  • Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).
19C Development of employee participation system

(1)

This section applies if an employer employs—

(a)

fewer than 30 employees, whether or not at a single location, and 1 or more of the employees, or a union representing them, requires the development of a system for employee participation; or

(b)

30 or more employees, whether or not at a single location.

(2)

The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a system that sets out the ways in which the employer must seek to comply with section 19B(1):

(a)

the employer:

(b)

the employees who wish to be involved:

(c)

a union or unions representing any of the employees.

(3)

A system must specify a process by which it must be reviewed, but otherwise may include any matters on which the employer, employees, and any union representing them, agree complies with this Part; provided that in doing so they must take into account Part 1 of Schedule 1A and Part 2 of Schedule 1A; and provided further that, at any time after the expiry of 12 months from the date the system is agreed, 1 or more employees or a union on their behalf may initiate the development of a new employee participation system in accordance with this Act.

(4)

A system may include a provision increasing or decreasing the maximum—

(a)

number of days’ paid leave that the employer is required to allow a health and safety representative to take for health and safety training under section 19E(1):

(b)

total number of days’ paid leave that the employer is required to allow health and safety representatives to take for health and safety training under sections 19E(2) and 19F.

(5)

A system may allow for more than 1 health and safety representative or health and safety committee and, in that case, each representative or committee may represent a particular type of work, or place of work of the employer, or another grouping.

(6)

Subsection (2) is complied with if a system of employee participation in health and safety in the place of work is in existence that was implemented before the commencement of this section and if—

(a)

it complies with section 19B or is amended to comply with section 19B; and

(b)

it specifies a process for its review or is amended to specify a process for its review; and

(c)

it is acceptable to the persons referred to in subsection (2).

(7)

If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with this section.

Section 19C: inserted, on 5 May 2003, by section 13 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).