Consulting employees on health and safety is a legal requirement under the Health and Safety (Consultation with Employees) Regulations 1996.
This guidance helps employers understand how to meet their obligations in non-unionised workplaces by discussing who must be consulted, what topics should be covered, and how to carry out effective consultation.
By following best practices and avoiding common pitfalls, employers can improve safety outcomes, strengthen employee engagement, and demonstrate compliance with health and safety law.
What are The Health and Safety (Consultation with Employees) Regulations 1996?
The Health and Safety (Consultation with Employees) Regulations 1996 set out the legal duty for employers to consult directly with employees, or their elected representatives, on matters affecting their health, safety, and welfare at work. These regulations apply specifically in workplaces where there is no recognised trade union in place.
The purpose of the regulations is to ensure that employees are properly informed about health and safety and have the opportunity to contribute to decision-making processes. Consultation must be meaningful, timely, and cover a range of workplace matters such as risk assessments, procedures, and training.
These regulations were introduced to complement the broader duties imposed by the Health and Safety at Work etc. Act 1974, which places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. Together, these laws promote a collaborative approach to workplace safety.
Who must employers consult?
Employers have a legal duty to consult with their workforce on health and safety matters, but who they consult depends on whether there is a recognised trade union in place.
If a recognised trade union exists, employers must consult with union-appointed safety representatives under the Safety Representatives and Safety Committees Regulations 1977. These representatives have specific legal rights and responsibilities, including the ability to inspect the workplace, investigate complaints, and represent employees on health and safety issues.
However, where no recognised trade union is present, the Health and Safety (Consultation with Employees) Regulations 1996 apply. In this case, employers must consult either directly with employees or with elected representatives of employee safety (RoES). RoES are individuals chosen by employees to act on their behalf during consultations.
Regulation 3(1) of the Health and Safety (Consultation with Employees) Regulations 1996 states:
“Every employer shall ensure that any employees of his who are not represented by safety representatives appointed under the 1977 Regulations are either—
(a) consulted, in accordance with these Regulations, by him; or
(b) represented by representatives of employee safety, with whom he shall consult in accordance with these Regulations,
in good time with regard to the matters set out in regulation 4.”
What must employers consult on?
The topics employers must consult with employees about are detailed in Regulation 3 of the Health and Safety (Consultation with Employees) Regulations 1996 and found in the Health and Safety Executive’s guidance, Consulting employees on health and safety: A brief guide to the law.
These are the main areas employers must consult on:
Introduction of new measures that may affect health and safety
If an employer plans to introduce new processes, policies, working methods, equipment, or substances that could impact health and safety, employees must be consulted before implementation.
This includes:
- New machinery or work equipment
- Structural changes in the workplace
- New ways of working, such as hybrid or remote arrangements
- Changes to manual handling procedures.
2. Arrangements for health and safety information and training
Employers must consult employees on:
- What health and safety information will be provided
- How training will be organised
- The relevance and effectiveness of existing training programmes.
This ensures that employees have the skills and knowledge to work safely and understand the risks associated with their roles.
3. Emergency procedures
Employees should be involved in discussions about:
- Fire evacuation plans
- First aid arrangements
- Procedures for serious and imminent danger, such as chemical spills or equipment failure.
Consultation ensures that emergency procedures are practical and clearly understood by those expected to follow them.
4. Risk assessments and preventative measures
While employers are legally responsible for carrying out risk assessments, they must consult employees on:
- Identified hazards
- Evaluation of risks
- Proposed control measures.
Employees often have practical insights that can improve risk management and control strategies.
5. Introduction of new technologies
Consultation is required before bringing in new technology that could affect health and safety, such as:
- Automation or robotics
- AI-based monitoring systems
- Changes to digital reporting tools or software for safety compliance.
Employees can help identify practical challenges or hidden risks in advance.
6. Appointment of competent persons
Under the Management of Health and Safety at Work Regulations, employers must appoint competent persons to help them meet their legal health and safety duties. A competent person might support the employer with risk assessments, fire safety, hazardous substances, and emergency procedures, for example.
In smaller organisations, where roles are often broader, consulting employees on such appointments helps ensure the chosen person is trusted, competent, and well-supported.
Methods of consultation
The HSE’s guidance (L146) states that meaningful consultation involves engaging employees or their representatives in a genuine two-way process, where they have the opportunity to influence decisions that affect their health, safety, and welfare.
For consultation to be compliant and effective, employers must provide enough information for employees to fully understand the issues, allow sufficient time for them to consider the information and respond, and ensure that their views can genuinely shape outcomes.
Crucially, consultation must take place before decisions are finalised. It should be proactive rather than reactive.
Different ways consultation can take place
There is no single method that fits every organisation. Employers should choose the most appropriate approach (or combination of approaches) based on the size of the workforce, the nature of the work, and existing communication channels.
Here are some common and effective methods:
Safety committees
Setting up a safety committee is a formal and structured way to consult employees, especially in larger organisations or higher-risk industries. These committees usually include:
- Management representatives
- Elected representatives of employee safety (RoES)
- Union-appointed safety representatives (where applicable).
Regular meetings enable the committee to review incidents, discuss risk assessments, assess training needs, and suggest improvements. They promote accountability and ensure a steady flow of communication between staff and leadership.
Regular team meetings or toolbox talks
Day-to-day discussions are often the most effective and immediate method of consultation. Holding regular team meetings, briefings, or toolbox talks can:
- Encourage open discussion about workplace hazards
- Give employees a voice in suggesting safety improvements
- Allow quick feedback on proposed changes or procedures.
This approach is particularly valuable in fast-moving environments like construction, logistics, or manufacturing, where issues can arise quickly.
Written communication and feedback channels
Employers can also use written methods to share information and invite feedback. Examples include:
- Posters or health and safety newsletters
- Email updates
- Online surveys or suggestion forms
- Noticeboards for safety updates.
Written communication is useful for reaching remote or hybrid workers and can complement face-to-face methods by capturing a wider range of views. The key is to ensure there is a clear and easy route for employees to respond or ask questions.
What are the benefits of consulting with employees?
When employees are involved in identifying hazards, reviewing safety procedures, and contributing to risk management decisions, organisations are more likely to detect issues early and apply effective control measures.
Frontline staff often have first-hand knowledge of day-to-day operations, making them well placed to highlight potential risks and suggest practical, workable solutions that might otherwise be missed. According to the Health and Safety Executive (HSE), effective consultation has also been linked to fewer workplace incidents and lower absenteeism.
Involving employees in this way also strengthens engagement and morale. When people feel their input is genuinely valued and leads to action, it builds trust and reinforces a culture of openness and collaboration. This creates a stronger safety culture and encourages greater accountability across the workforce.
What are the common pitfalls of the consultation process?
Consulting employees on health and safety is a powerful way to strengthen workplace culture, enhance decision-making, and improve safety performance. Here are some of the common pitfalls, with practical tips to ensure consultation is effective and compliant.
Superficial or last-minute consultations
One of the most common mistakes is consulting employees after decisions have already been made. In these cases, the consultation becomes a formality rather than a genuine opportunity for employees to influence outcomes. This fails to meet the legal requirement for timely consultation and can also damage trust and morale.
To make consultation meaningful, build it into the early stages of your planning process, particularly when changes are being considered that may affect health and safety, such as introducing new equipment or procedures.
Set out a timeline that includes time for discussion, reflection, and follow-up, rather than rushing the process.
Practical tips:
- Create a consultation timeline as part of your project planning, allocating specific stages for employee involvement.
- Avoid launching safety changes without prior discussion, even if the change seems minor, involve those who will be affected.
- Send out relevant information in advance of meetings so employees have time to review and prepare thoughtful input.
Not involving the right people
Consultation must be carried out with the appropriate individuals. This means understanding whether a recognised trade union is in place (in which case you must consult union-appointed safety representatives), or whether you need to consult directly with employees or elected representatives of employee safety (RoES).
Clarify who the appropriate representatives are early on. If your workplace is non-unionised, organise a fair and transparent election process to appoint an RoES. Ensure that these representatives have adequate training and access to information so they can contribute effectively.
Practical tips:
- Train your representatives and managers so they understand their roles and responsibilities under consultation regulations.
- Ensure elected RoES are representative of their groups, including employees from different shifts, departments, or locations.
- Use different communication channels (e.g. team briefings, noticeboards, email) to reach all employees.
Failure to act on feedback
One of the fastest ways to undermine employee engagement is to collect feedback during consultation but then ignore it or fail to provide updates. This leads employees to believe the process is meaningless, discouraging them from participating in future discussions.
After consultation, review the feedback and assess its feasibility. Then, communicate back to employees what has been actioned, what has not, and why. Even when suggestions cannot be implemented, employees will appreciate the transparency and feel their input was taken seriously.
Practical tips:
- Document key themes and suggestions raised during consultations, and track the actions taken in response.
- Hold follow-up meetings or send summaries to explain decisions and next steps, especially if feedback influenced outcomes.
- Use surveys or suggestion boxes as ongoing channels for staff to raise safety concerns beyond formal consultation events.
Why is record keeping important?
While the law does not specify exactly what records must be kept, maintaining clear and accurate documentation shows that consultation has been meaningful and supports compliance with legal duties under the Health and Safety Consultation with Employees Regulations 1996.
Good record-keeping ensures the process is consistent and accountable, providing evidence of who was consulted, what was discussed, and what actions were taken. In the event of an HSE inspection, audit, or workplace incident, a clear record of consultation is invaluable.
What records should be kept?
While approaches will vary depending on the size and nature of the organisation, it is good practice to keep the following:
- Meeting minutes. Document the date, attendees, and key discussion points from consultation meetings, including safety committees or one-off briefings.
- Feedback collected. Record employee concerns, questions, and suggestions, whether gathered through meetings, surveys, or informal channels.
- Actions agreed. Clearly note what actions were decided upon, who is responsible, and the timeframes for completion.
- Follow-up communications. Include copies of summaries, updates, or responses shared with employees after the consultation, especially where suggestions were implemented or decisions explained.
- Representative details. Keep a record of elected representatives of employee safety (RoES), including how and when they were appointed and their period of representation.
These records should be stored securely so they can be easily accessed when needed, for example in a health and safety management system.
Health and safety training to support compliance
While the Health and Safety (Consultation with Employees) Regulations 1996 emphasise the importance of engaging staff in safety discussions, effective training ensures those conversations are informed, meaningful, and lead to practical improvements in the workplace.
At Praxis42, we help organisations build a proactive safety culture through expertly developed, accessible training.
Browse our full range of health and safety training courses or get in touch with our team today on 0203 011 4242 or info@praxis42.com to find out how we can support your compliance goals.
Adam Clarke
Managing Director (Consulting)
