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Consultation at place of work and safety representatives.
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13.—(1) It shall be the duty of every employer—
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(a) to consult his employees for the purpose of the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure their safety, health and welfare at work and in ascertaining the effectiveness of such measures;
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(b) as far as is reasonably practicable, to take account of any representations made by his employees.
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(2) Employees shall have the right to make representations to and consult their employer on matters of safety, health and welfare in their place of work.
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(3) Without prejudice to the generality of subsections (1) and (2), employees may, from time to time, select and appoint from amongst their number at their place of work a representative (in this Act referred to as “the safety representative”) to represent them in consultations pursuant to this section with their employer.
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(4) A safety representative shall have the right to such information from his employer as is necessary to ensure, so far as is reasonably practicable, the safety and health of employees at the place of work.
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(5) It shall be the duty of every employer to take such steps as are practicable to inform a safety representative when an inspector enters a place of work for the purpose of making a tour of inspection.
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(6) A safety representative may—
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(a) make representations to an employer on any aspects of safety, health and welfare at the place of work;
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(b) investigate accidents and dangerous occurrences provided that he shall not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions;
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(c) make oral or written representations to inspectors on matters of safety, health and welfare at work;
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(d) receive advice and information from inspectors on matters of safety, health and welfare at work;
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(e) subject to prior notice to the employer and to agreement between the safety representative and the employer as to frequency, carry out inspections and in reaching such agreement, which shall not be unreasonably withheld by the employer, the parties shall consider the nature and extent of the hazards in the place of work in determining the frequency of inspections to be carried out by the safety representative at the place of work concerned;
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(f) subject to prior notice to the employer, in circumstances in which it is reasonable to assume that risk of personal injury exists, to investigate potential hazards and complaints made by any employee whom he represents relating to that employee's safety, health and welfare at the place of work; and
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(g) on a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the purpose of investigating an accident.
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(7) An employer shall consider and, if necessary, act upon any representations made to him by a safety representative on any matter affecting the safety, health and welfare at work of any employee whom he represents.
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(8) (a) For the purpose of acquiring the knowledge necessary for the discharge of their functions under subsection (1) (a) of this section and to enable them to discharge those functions, an employer shall afford employees who may be involved in arrangements under subsection (1) (a) or under subsection (2) such time off from their duties as may be reasonable having regard to all the circumstances without loss of remuneration;
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(b) an employer shall afford a safety representative such time off from his duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him to—
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(i) acquire the knowledge necessary to discharge his functions as a safety representative, and
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(ii) discharge his functions as a safety representative.
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(9) Arising from the discharge of his functions under this section, a safety representative shall not be placed at any disadvantage in relation to his employment.
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(10) Notwithstanding the generality of subsections (1) to (9), the Minister may prescribe such further requirements, arrangements, modifications or exemptions as he considers necessary, from time to time, in relation to the operation of this section.
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