S.L. 646.17 Art. 12Consultation and participation of workers.

(1) Employers shall consult workers and, or their representatives and allow them to take part in discussions on all questions relating to health and safety at work. This presupposes: - the consultation of workers, - the right of workers and, or their representatives to make proposals, and to balanced participation in accordance with applicable laws and, or practices.

(2) Workers or workers’ representatives with specific responsibility for the health and safety of workers shall take part in a balanced way, in accordance with applicable laws and, or practices, and shall be consulted in advance and in good time by the employer with regard to:

(a) any measure which may substantially affect health and safety;

(b) the designation of worker or workers which the employer is obliged to designate to carry out activities related to the protection and prevention of occupational risks for the undertaking and, or establishment and the workers which the employer is obliged to designate to implement measures inter alia, for first aid, fire-fighting and the evacuation of workers, and the activities related to the protection and prevention of occupational risks;

(c) the following information:

(i) an assessment of the risks to health and safety at work, including those facing groups of workers exposed to particular risks;

(ii) the protective measures to be taken and, if necessary, the protective equipment to be used;

(iii) a list of occupational accidents resulting in a worker being unfit for work for more than three working days;

(iv) reports on occupational accidents suffered by his workers;

(v) the health and safety risks and protective and preventive measures and activities in respect of both the undertaking and, or establishment in general and each type of workstation and, or job;

(vi) the measures taken in relation to first aid, fire-fighting and the evacuation of workers;

(vii) the appropriate measures taken so that employers of workers from any outside undertakings and, or establishments engaged in work in his undertaking and, or establishment receive adequate information concerning the points referred to in subparagraphs (v) and (vi);

(viii) the appropriate measures taken so that workers with specific functions in protecting the health and safety of workers, or workers’ representatives with specific responsibility for the health and safety of workers may be able to have access, to carry out their functions and to: - the risk assessment and protective measures referred to in subparagraphs (v) and (vi); - the list and reports referred to in subparagraphs (iii) and (iv); - the information yielded by protective and preventive measures, inspection agencies and bodies responsible for health and safety;

(d) the enlistment, where appropriate, of the competent services or persons outside the undertaking and, or establishment, where such protective and preventive measures cannot be organized for lack of competent personnel in the undertaking and, or establishment;

(e) the planning and organization of the training to each worker regarding adequate health and safety training, in particular in the form of information and instructions specific to his workstation or job: - on recruitment, - in the event of a transfer or a change of job, - in the event of the introduction of new work equipment or a change in equipment, - in the event of the introduction of any new technology.

(3) Workers’ representatives with specific responsibility for the health and safety of workers shall have the right to ask the employer to take appropriate measures and to submit proposals to him to that end to mitigate hazards for workers and, or to remove sources of danger.

(4) The workers referred to in sub-regulation (2) and the workers’ representatives referred to in sub-regulation (2) and (3) may not be placed at a disadvantage because of their respective activities referred to in sub-regulations (2) and (3).

(5) Employers must allow workers’ representatives with specific responsibility for the health and safety of workers adequate time during work hours, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions.

(6) Workers and, or their representatives are entitled to appeal, in accordance with relevant legislation and, or practice, to the Authority if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring health and safety at work. Workers’ representatives must be given the opportunity to submit their observations during inspection visits by the Authority.