Guide
Elect representatives of employee safety (RoES) under HSCER 1996
A task guide for employers who have decided to consult through elected representatives of employee safety (RoES) rather than directly. Covers eligibility, running the election, telling employees the result, the term of office, end-of-term and resignation procedures, and what to do when no candidate stands.
Where you have decided (or your employees prefer) to consult through representatives, the Health and Safety (Consultation with Employees) Regulations 1996 (HSCER 1996) require those representatives to be elected by the employees they will represent. You cannot appoint them yourself — that is what distinguishes a statutory representative of employee safety (RoES) from an internal "safety champion" or wellbeing lead you nominate. This distinction matters because only a RoES attracts the statutory functions in regulation 5 and the training, paid time off and facilities entitlements in regulations 6 and 8.
Note that the parallel Safety Representatives and Safety Committees Regulations 1977 (SRSCR 1977) take a different approach for unionised workforces — there, recognised trade unions appoint safety representatives directly. The election procedure described here is HSCER-only.
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1. Define the constituency
Decide which group of employees each RoES will represent. Common splits are by site, department, shift or grade. Constituencies should be coherent enough that one RoES can realistically know the issues and reach the people they represent. Document the constituencies you settle on and the reasoning.
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2. Confirm eligibility
Only an employee of yours can stand as a RoES for your workforce. Agency workers and contractors are not eligible to stand. Anyone in the constituency may vote.
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3. Tell employees the election is happening
Give the constituency reasonable notice of the election: what role is being filled, who is eligible to stand, the nomination window, the voting date, and how votes will be cast. A simple notice on the intranet, noticeboard and by email is normally enough.
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4. Run the election
Set a fair process — secret ballot, paper or electronic, with a clear deadline and a way to verify that only employees in the constituency vote. The Regulations do not prescribe a method; the duty is to run a genuine election. Where only one candidate stands they may be declared elected unopposed.
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5. Declare and announce the result
As soon as reasonably practicable after the election, tell the represented employees the name of each RoES elected and the group of employees each one represents. Add the names to your H&S documentation and let line managers know who their RoES contacts are.
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6. Set the term and plan re-elections
Decide the term of office at the time of the election — a fixed term of one to three years is common. A person ceases to be a RoES on resignation, on ceasing to be employed by you, on ceasing to be a member of the group they were elected to represent, or at the end of the agreed term. Diary the end of term so re-elections do not slip.
If no one stands, or if a RoES resigns and no replacement is elected, you are not relieved of the duty to consult. The duty under regulation 3 falls back on direct consultation with the affected employees. Document the attempt to elect, the absence of candidates, and your switch to direct consultation for that group.
Penalty for failing to support an election
Safety at Work etc. Act 1974, with penalties in Schedule 3A.
Where you have chosen the RoES route, frustrating the
election or refusing to recognise its outcome can found a
breach of regulations 3 and 4. HSE or the local authority
can investigate and serve an improvement notice. Maximum
penalty on conviction is an unlimited fine.</p>
What next
- Once RoES are elected, see Support representatives of employee safety for your duties on training, paid time off, and facilities.
- If you are unsure whether HSCER applies to all or part of your workforce, return to Working out which safety consultation regime applies.