The law has for some time required employers to consult on Health and Safety matters with any duly elected safety representatives of employees (the Safety Representatives and Safety Committees Regulations 1977, SI 1977/500, as amended and see Health and Safety at work/safety representatives ).

The Health and Safety (Consultation with Employees) Regulations 1996, SI 1996/1513 , made in June 1996 to implement EC Directive 89/391/EEC ("the Framework Directive"), noted above, require employers to consult employees on such matters if they do not have formally appointed safety representatives. The consultation can either be direct with the employees or with one or more of them who they may choose for the purpose (called "representatives of employee safety" to distinguish them from safety representatives). The regulations came into force on 1st October 1996.

There is no "small employer" exemption.

The 1996 regulations give these "representatives of employee safety" the right to time off with pay for training and carrying out their duties (see TIME OFF WORK/health & safety/other representatives ). It also specifically protects them against victimisation by amending ERA 1996, ss.44 and 100 accordingly (see VICTIMISATION and UNFAIR DISMISSAL/automatically unfair dismissals/health & safety ).

The Health and Safety Commission have published a relevant free leaflet, "Consulting employees on health and safety; a guide to the law", available from HSE Books (see Health and Safety at work/addresses & tel nos ). Also the HSC website "Worker involvement and consultation" pages have useful information.