S.L. 646.11 ст. 13Consultation and participation of workers.

(1) It shall be the duty of an employer to consult workers in his employ and, or the workers’ health and safety representatives, in advance and in good time, for the purpose of making and maintaining arrangements which will enable the employer and the workers to co-operate fully and effectively in promoting and developing preventive and protective measures by which to ensure the health, safety and welfare at work, and to ascertain the effectiveness of such measures.

(2) Without prejudice to the generality of the preceding subregulation, workers shall choose from amongst their number a representative or representatives as the case may be, hereinafter referred to as the workers’ representatives, to represent them in consultations pursuant to this regulation with their employer: Provided that after due consultation between an employer and his workers the number of workers is deemed to be insufficient so as to permit the appointment of a representative, the employer shall consult, and allow the participation of all the workers on matters referred to in subregulation (5).

(3) Where in a place of work the workers fail for whatsoever reason, to choose from amongst their number a person to represent their interests on matters concerning occupational health and safety, the employer shall appoint a person or a number of persons to act as the workers’ health and safety representative, who shall also have thc right to act on the workersh behalf after due consultation.

(4) A workers’ representative shall not carry out, or be involved with, any work which can give rise to a conflict of interest in the discharge of his functions pursuant to these regulations, and in discharging such functions, the workers’ representative shall act with the sole objective of safeguarding the workers’ health and safety.

(5) Workers and their representatives shall have the right to make representations with, and to make proposals to their employer on any matter which may affect the health, safety and welfare at work, including, but not limited to -

(a) measures which may substantially affect health and safety;

(b) the designation of workers having specific functions for first aid, fire-fighting and the evacuation of workers in case of serious and imminent danger, and on the method of selection of workers’ representatives;

(c) those risk assessments required to be carried out by an employer and their results, the preventive and protective measures required to be taken;

(d) occupational accidents, injuries and cases of occupational ill-health occurring at the employer’s place of work;

(e) the enlistment, where and when appropriate, of those competent services or persons outside the undertaking and, or establishment, as referred to in regulation 9(3);

(f) all information required to be given to workers by virtue of these regulations and of any other regulations issued under the Act;

(g) the planning and organisation of the training required to be given to workers by virtue of these regulations and by other regulations issued under the Act.

(6) Workers’ representatives 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.

(7) Workers and the workers’ representatives may not be placed at a disadvantage because of any activity taken pursuant to any matter relating to the protection of occupational health and safety.

(8) Employers shall allow workers’ representatives with specific responsibility for occupational health and safety adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions deriving from these regulations.

(9) Workers and, or their representatives are entitled to make representations 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.

(10) Workers’ representatives must be given the opportunity to submit their observations during visits by officers.