What is L146?
L146 is the HSE's Approved Code of Practice (ACOP) and guidance for the Safety Representatives and Safety Committees Regulations 1977 (SRSCR). It provides detailed guidance on the rights and functions of trade union-appointed safety representatives and the establishment of safety committees in workplaces.
The Regulations give recognised trade unions the right to appoint safety representatives to represent employees in consultations with employers about health and safety matters. These representatives have important legal functions including workplace inspections, investigating hazards, and representing workers on safety committees.
L146 explains how these rights work in practice, what employers must provide, and how safety representatives and safety committees should operate effectively.
Who Needs This Document?
L146 is essential reading for:
- Trade union officials responsible for appointing safety representatives
- Safety representatives appointed under the Regulations
- Employers with recognised trade unions in their workplace
- HR and personnel managers dealing with employee representation
- Health and safety managers working with safety representatives
- Works councils and employee forums involved in health and safety
- Senior managers responsible for health and safety governance
- Training providers delivering safety representative training
- Legal advisors advising on employment and health and safety law
Key Topics Covered
Appointment of Safety Representatives
L146 explains how safety representatives are appointed:
Who Can Appoint:
- Recognised trade unions appoint safety representatives
- The employer does not appoint them
- Appointment is a matter for the trade union
Eligibility:
- Must be employed by the employer
- Should have been employed for at least two years (or had two years' experience in similar employment)
- The two-year requirement is guidance, not a strict rule
Notification:
- Trade unions must notify the employer in writing of appointments
- Notification should include the representative's name and the group they represent
Functions of Safety Representatives
L146 covers the functions safety representatives can perform:
Investigating Hazards and Complaints:
- Investigate potential hazards and dangerous occurrences
- Examine the causes of accidents
- Investigate complaints about health, safety, or welfare
- Report findings to the employer
Workplace Inspections:
- Carry out inspections of the workplace
- Frequency: at least once every three months (more often by agreement)
- Additional inspections after substantial changes or following notifiable accidents
- Document inspection findings
Representing Employees:
- Represent employees in consultations with the employer
- Represent employees in consultations with HSE inspectors
- Make representations to the employer on health and safety matters
Receiving Information:
- Receive information from inspectors under the Health and Safety at Work Act
- Access information the employer must keep under relevant legislation
- Receive information about accidents, diseases, and dangerous occurrences
Attending Safety Committees:
- Attend meetings of the safety committee
- Participate in discussions and decision-making
Employer Duties
L146 explains what employers must provide:
Facilities and Assistance:
- Reasonable facilities and assistance for carrying out functions
- Private space for confidential discussions with employees
- Access to telephones and communication facilities
- Secure storage for documents
Information:
- Information necessary for safety representatives to fulfil their functions
- Technical information about hazards and precautions
- Information on planned changes affecting health and safety
- Accident and ill-health statistics
Time Off with Pay:
- Reasonable time off during working hours for safety representative functions
- Time off for training
- Pay at the normal rate
- Time off is for performing functions, not for trade union activities generally
Training:
- Reasonable time off for training
- Training should be approved by the TUC or the trade union
- Employer should meet reasonable training costs
- Training should be appropriate to the representative's functions
Workplace Inspections
L146 provides detailed guidance on inspections:
Frequency:
- At least every three months as a minimum
- More frequent inspections may be appropriate for higher-risk workplaces
- Agreement with the employer on inspection schedules
Scope:
- General workplace conditions
- Work equipment and machinery
- Work practices and procedures
- Welfare facilities
- Compliance with relevant legislation
Notification:
- Give reasonable notice of formal inspections
- Employer should have opportunity to be present or represented
- Inspection can proceed without employer if they choose not to attend
Documentation:
- Record inspection findings
- Report to the employer in writing
- Follow up on actions taken
Safety Committees
L146 covers the establishment and operation of safety committees:
Right to Request:
- Two or more safety representatives can request a safety committee in writing
- Employer must establish the committee within three months
Composition:
- Should include safety representatives
- Management representation
- Size should be reasonable for the workplace
- Specialist advisors may attend as needed
Functions:
- Study accident and disease statistics
- Examine safety audit reports
- Consider reports from safety representatives
- Consider reports from HSE inspectors
- Develop safety rules and safe systems of work
- Monitor effectiveness of safety training
- Monitor effectiveness of safety communication
- Review risk assessments and safety policies
Meetings:
- Regular meetings (frequency agreed by the committee)
- Agenda prepared and circulated in advance
- Minutes recorded and distributed
- Actions followed up
Legal Status
L146 has special legal status as an Approved Code of Practice. Following the ACOP is strong evidence of compliance with the Safety Representatives and Safety Committees Regulations 1977. Failure to follow ACOP provisions can be cited as evidence of non-compliance in enforcement or tribunal proceedings.
The Regulations also create individual rights that can be enforced through employment tribunals, such as the right to time off with pay for safety representative duties and training.
Why It Matters
Worker involvement in health and safety is proven to improve outcomes:
The Evidence Base
- Workplaces with safety representatives have fewer injuries - research consistently shows lower accident rates
- Better hazard identification - workers know their jobs and spot risks managers miss
- Improved compliance - joint working leads to better adoption of safe practices
- Higher workforce morale - consultation increases engagement and ownership
Benefits for Employers
Improved Safety Performance:
- Earlier identification of hazards
- More practical solutions to safety problems
- Better compliance with procedures
- Reduced accidents and ill health
Legal Compliance:
- Consultation is a legal requirement
- Safety representatives help demonstrate compliance
- Better defence against prosecution if things go wrong
Workforce Relations:
- Demonstrates commitment to worker welfare
- Builds trust between management and employees
- Reduces conflict over health and safety issues
- Improves industrial relations generally
Benefits for Workers
Protection of Interests:
- Dedicated representation on safety matters
- Voice in decisions affecting their health and safety
- Access to information about workplace risks
- Channel for raising concerns
Legal Rights:
- Statutory functions with legal protection
- Time off for duties and training
- Protection from victimisation
Consequences of Non-Compliance
For Employers:
- Enforcement action by HSE
- Improvement notices
- Prosecution for breaching the Regulations
- Employment tribunal claims for denial of rights
- Damage to industrial relations
For the Workplace:
- Missing hazards that workers would have identified
- Less effective safety measures
- Lower workforce engagement with safety
- Higher accident rates
Practical Summary
| Right/Function | What It Means |
|---|---|
| Appointment | Trade unions appoint, employer must be notified |
| Inspections | At least quarterly, more often if agreed |
| Time off | Paid time during working hours for functions and training |
| Information | Employer must provide relevant health and safety information |
| Safety committee | Must be established within 3 months of request |
| Training | Reasonable time off and employer pays costs |
| Facilities | Space, communication, and resources to carry out functions |
Relationship with Other Consultation Rights
L146 covers trade union-appointed safety representatives. Note that:
- Health and Safety (Consultation with Employees) Regulations 1996 cover workplaces without recognised trade unions
- Both sets of regulations can apply in the same workplace if some workers are represented by unions and some are not
- The arrangements should complement each other, not conflict
Further Resources
- Safety Representatives and Safety Committees Regulations 1977 (legislation.gov.uk)
- HSE Worker involvement web pages
- L149 - Mines Regulations 2014 ACOP
- INDG232 - Consulting employees on health and safety
This page summarises the ACOP L146. For full legal compliance, obtain and read the complete document from HSE. This summary is not a substitute for professional advice or the full ACOP text.