UNISON Scotland is acutely aware that it is essential that you are able to work in a healthy and safe environment.

There is now a considerable body of law available to protect you and steps which can be taken to ensure that an employer and others carry out their obligations.

Under the Management of Health & Safety at Work Regulations 1992 your employers are obliged to carry out Risk Assessments. It is a criminal offence not to do so. Steps can be taken to force your employer to carry out Risk Assessments.

Employers have an explicit duty to consult the workforce health and safety matters under the Safety Representatives and Safety Committees Regulations 1977 . This duty has been underlined by the chair of the Health and Safety Commission (HSC) Bill Callaghan this who has called all employers to properly involve and consult their employees to ensure good standards of health and safety in the workplace. The TUC, CBI, Institute of Directors, Federation of Small Businesses and Chemical Industries Association have all endorsed the statement.

If you have a problem with Health & Safety at your work you must contact your workplace representative regarding advice and measures to be taken to ensure compliance.

In the past Union Learning Representatives have had difficulty in obtaining time off from employers to carry out their duties and to train for them. However there is now recognition giving ULRs similar rights to union representatives as a whole.
The Employment Act 2002 gives rights to paid time off to ULRs provided:
 they are in independent unions - such as those affiliated to the TUC
 are in workplaces where unions are recognised by the
 employer for collective bargaining purposes
The rights to paid time off for ULRs are:
 to carry out their duties
 to train for such duties
Union members needing to access their ULR have the right to do this in work time but the employer does not have to pay them during this time.
The way these rights can be implemented is set out in the ACAS Code of Practice on Time Off for Union Representatives.
The following provisions need to be observed if the ULR is to secure paid time off:
 the union needs to let the employer know in writing the name of the appointed ULR
 the ULR needs to be sufficiently trained to carry out his/her duties either at the time of the notice or in
 normal situations within 6 months
 whether training is 'sufficient' is determined by the union and should cover the functions set out in the Employment Act. It need not lead to a qualification although that would be desirable. The employer would have to pay for the time that the ULR is trained
 the union/ULR should inform the employer either of the training undergone or to be undertaken
Once the employer is notified of the ULR, his/her past training or intention to train, then the employer is obliged to recognise the ULR by providing paid time off to carry out the duties and in respect of any required further training.
The amount and frequency of the time off has to be 'reasonable' in all circumstances.
For example, when a ULR arranges to have a meeting with members it must be at a time which does not undermine the safety and security of other workers in the production process.
Employers also need to be reasonable and ensure that ULRs are able to engage with hard-to-reach groups such as shift workers, part-time staff and those employed at dispersed locations.
ULRs should provide management with as much notice as possible of the purpose of the time off, the location and the timing and duration and the contents of any training course.
Employers should consider making available facilities necessary for ULRs to perform their functions such as rooms for meetings/interviews, office space and the use of electronic access such as the Internet and emailing.
When a union feels that an employer is being unreasonable and refusing to grant paid time off for ULR duties or training, or enabling union members to access ULR services then the union can make a complaint to an Employment Tribunal. A formal agreement between a union and an employer on time off can avoid misunderstanding and ensure fair and reasonable treatment.
It could specify:
 the amount of time off permitted
 the occasions on which time off can be taken
 in what circumstances time off will be paid
 to whom time off will be paid
 the procedure for requesting time off
 the facilities available