HSCER 1996: HSE Employee Consultation Rules

Regulatory citation: Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)

What Are the Consultation with Employees Regulations?

The Health and Safety (Consultation with Employees) Regulations 1996 (HSCER) require employers in Great Britain to consult employees on health and safety where those employees are not represented by union-appointed safety representatives under the Safety Representatives and Safety Committees Regulations 1977. Employers can consult employees directly, through elected representatives of employee safety, or through a mix of both.

Why HSCER Matters

Consultation gives workers a say in decisions that affect their safety and helps employers spot problems early. HSCER makes sure non-union workplaces, and non-union groups in unionised workplaces, are not left out.

Core Obligations

1. Identify Who Must Be Consulted (reg 3)

The duty covers employees who are not represented by SRSC safety representatives. HSE explains this includes workplaces with no recognised union, workplaces where a recognised union has not appointed representatives, and non-union employees the union has not agreed to represent.

2. Consult in Good Time on the Listed Topics (reg 3)

Employers must consult in good time on: new measures that may substantially affect health and safety; arrangements for appointing competent persons under the Management of Health and Safety at Work Regulations 1999 and fire safety legislation; health and safety information employees must receive; the planning and organisation of required training; and the health and safety consequences of introducing new technologies.

3. Choose Direct or Representative Consultation (reg 4)

Employers may consult employees directly or consult representatives elected by a group of employees. If consulting representatives, the employer must tell the employees the representatives' names and the groups they represent. If the employer switches back to direct consultation, it must tell both the employees and the representatives.

4. Stop Consulting Representatives Who No Longer Qualify (reg 4(3))

An employer must not consult a person as a representative if they have said they no longer intend to represent the group, have left the group, have reached the end of their elected term without re-election, or have become incapacitated. The employer must tell the affected employees.

5. Provide Necessary Information (reg 5)

Employers must give the information needed for full and effective participation. Representatives must also receive information from records kept under regulation 12 of RIDDOR 2013 that relates to their workplace or group. Exceptions include national security, legal prohibitions, personal information without consent, serious commercial harm and information obtained for legal proceedings.

6. Respect Representatives' Functions (reg 6)

Representatives may make representations on potential hazards and dangerous occurrences, on general health and safety matters, and may represent the group in consultations with HSE or local authority inspectors.

7. Give Training, Time Off and Facilities (reg 7)

Employers must provide reasonable training for representatives and meet its reasonable costs, including travel and subsistence. Representatives must get paid time off during working hours for their functions and training. Candidates standing for election must get reasonable paid time off to campaign.

Common Compliance Approaches

Pick a Method That Fits the Workforce

HSE says direct consultation is often effective in small businesses or where you have regular contact with all employees. Elected representatives often suit larger or spread-out workforces.

Use a Structured Forum

Where there are several representatives, a health and safety committee or joint consultative committee keeps consultation organised and recorded.

Example: HSCER in Practice

A software and hardware repair company with 140 staff across three sites has no recognised union. It asks staff how they want to be consulted, and each site elects one representative of employee safety. The company posts the names and groups on its intranet and books a two-day training course for each representative. When it plans to introduce a new soldering station, it shares the COSHH assessment with the representatives first. Their feedback leads to extra fume extraction in the smaller site.

Related regulations: SRSC 1977 union safety representatives, MHSWR risk assessments, WHS duty to consult.

Note: This summary reflects the law as it applies in Great Britain, enforced by the Health and Safety Executive (HSE) and local authorities. Northern Ireland has equivalent but separate legislation. Always check the current legislation and HSE guidance.

Frequently Asked Questions

Can a small employer consult staff directly?

Yes. The regulations allow direct consultation with employees, consultation through elected representatives, or a mix of both.

Do the 1996 Regulations apply if we recognise a union?

They apply to any employees not represented by union safety representatives under the 1977 Regulations. Some workplaces must consult under both sets of regulations.

Do candidates for election get time off?

Yes. Regulation 7 requires employers to give candidates standing for election reasonable paid time off during working hours to carry out their functions as candidates.