UK Statutory Instrument 1996 United Kingdom

Health and Safety (Consultation with Employees) Regulations 1996

What this means for your business

4 obligations
1 penalties
1 guides
Enforced by
HSE
Applies to
United Kingdom
On this page
4 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation.

Management duties 3

Consult unrepresented employees on health and safety matters

If you have staff who are not covered by elected safety representatives, you must talk to them in a timely way about any issues that affect their health and safety. This includes new safety measures, how you appoint safety‑related roles, information you must give them, training plans and the impact of new technologies.

Employer s.3 HSE When you have employees who are not represented by safety representatives under …

Provide information needed for health‑and‑safety consultation

Unlimited fine

Whenever you hold a health and safety consultation with your staff or with their safety representatives, you must give them any information you have that they need to take part fully and effectively. You only need to withhold information if it falls under the specific exemptions listed (national security, legal prohibitions, personal data without consent, commercial sensitivity, legal‑proceeding material or non‑H&S documents).

Employer s.5 HSE When you consult employees directly or consult employee safety representatives about health …

Represent employees in health‑and‑safety consultations

If you have appointed a safety representative, that employee must raise any hazards they see, put forward any health‑and‑safety concerns the group has, and act as the employees’ voice when inspectors visit. You need to allow them time and resources to carry out these duties while they are acting as a representative.

Employee s.6 HSE When an employee is appointed as a safety representative and is being …

Training 1

Provide training, pay and facilities for safety representatives and candidates

If you have employee health‑and‑safety representatives, you must give them reasonable training and pay for any travel or subsistence costs. You also need to allow them paid time off during work hours to carry out their duties or attend training, and give the same paid time off to anyone standing for election as a safety representative. Finally, you must provide any other reasonable facilities or assistance they need to do the job.

Employer s.7 HSE when you have employee health‑and‑safety representatives or a candidate standing for election …

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Provide information needed for health‑and‑safety consultation

Unlimited fine

s.5 Penalises: Provide information needed for health‑and‑safety consultation

Practical guidance

Our guides explain how to comply with the requirements above.

Health and safety requirements by business size

How H&S obligations scale as your business grows. Covers risk assessment, written policy, first aid, RIDDOR reporting, training, consultation, enforcement, …

Sections and provisions

13 classified provisions from this legislation.

4 Duties 2 Definitions 3 Exemptions

Duties 4

  • s.3 Duty of employer to consult employer
  • s.5 Duty of employer to provide information employer
  • s.6 Functions of representatives of employee safety
  • s.7 Training, time off and facilities for representatives of employee safety and time off for candidates of those representatives

Definitions 2

  • s.2 Interpretation
  • s.4 Persons to be consulted

Exemptions 3

  • s.9 Exclusion of civil liability
  • s.11 Application to the Crown and armed forces
  • s.12 Disapplication to sea-going ships