EMPLOYEES IN NON-UNIONISED WORKPLACES
236. There is particular concern at the
apparent lack of consultation with employees in non-unionised
workplaces. In such workplaces, employers can choose to consult
directly with the workforce and there is no requirement that there
should be a safety representative. An option under consideration,
in order to strengthen the position of workers in such workplaces,
was to harmonise two sets of regulations on consultation with
employees.[401] This
was identified as a beneficial move by HSC in 2000.[402]
One of the effects of this would have been to have had the effect
of giving employees in non-unionised workplaces the right to elect
a safety representative. Mr Hugh Robertson of the TUC told us
that the proposed regulations would have been an important step
forward.[403] Unfortunately,
the HSC was unable to reach a consensus on the regulations.[404]
The Committee is concerned that the lack of such concensus
has become a block on this reform.
237. Alternative steps currently being taken
by HSC to improve consultation with employees include the development
of a Workers' Safety Adviser Challenge Fund to help promote
involvement in workplaces with no employee representation. HSE
has also placed on its website some information about the role
of safety representatives and the importance of employee involvement
and wishes to do some more work promoting that in summer 2004.[405]
238. The Challenge Fund is designed to increase
worker involvement and consultation, through the intervention
of a Worker's Safety Adviser (WSA).[406]
£3 million has been made available over a period of three
years from July 2004. Applications are particularly welcomed
from the construction, hospitality, retail and voluntary sectors.
It is focused on small firms, of between 1 and 250 employees.
There are just under 1,218,000 firms of this size in the UK.[407]
A pilot scheme which ran for nine months in 2002-03 showed some
benefits. Over three quarters of the 88 employers involved, reported
having made changes to health and safety (and over half of these
considered these to have resulted from involvement in the pilot).
Over two thirds of employees reported having seen increased discussion
on health and safety issues.
239. While the experience of the pilot gives
reason to believe that the Challenge Fund will help to deliver
some benefits in terms of health and safety improvements, the
Committee has two areas of concern. Firstly, the level of funding
suggests it is only likely to be able to reach a very small proportion
of small businesses in the UK. There will be 28 WSAs in the first
year.[408] If each
WSA can expect to have an average caseload of 100 enterprises
(as in the evaluation), this would cover approximately 2,800 enterprises,
less than 3% of the target group.
240. Secondly, the Challenge Fund seems
unlikely to reach those enterprises where health and safety improvements
are most needed. The evaluation of the pilot concluded that if
the intention is 'to bring in line the worst behaving enterprises,
a voluntary scheme is not likely to have significant impact.'
Success would depend to a 'significant extent on the ability to
secure the agreement of employers to participate.' This had been
a significant issue in the pilot.
241. The Committee recommends that, by
1 October 2005, HSC publishes proposals to develop improved rights
to consultation for employees, particularly in non-unionised workplaces,
including rights of enforcement through its Employment Tribunal
and private prosecution routes.
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