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Regulation 5 Inspections of the workplaceI1

United Kingdom

Original text. Later amendments are not shown.

(1)

Safety representatives shall be entitled to inspect the workplace or a part of it if they have given the employer or his representative reasonable notice in writing of their intention to do so and have not inspected it, or that part of it, as the case may be, in the previous three months; and may carry out more frequent inspections by agreement with the employer.

(2)

Where there has been a substantial change in the conditions of work (whether because of the introduction of new machinery or otherwise) or new information has been published by F1... the F2relevant authority relevant to the hazards of the workplace since the last inspection under this Regulation, the safety representatives after consultation with the employer shall be entitled to carry out a further inspection of the part of the workplace concerned notwithstanding that three months have not elapsed since the last inspection.

F3(2A)

In paragraph (2), “relevant authority” means—

(a)

in relation to a workplace which is, or is on, a relevant nuclear site, the Office for Nuclear Regulation;

(b)

otherwise, the Health and Safety Executive.

(3)

The employer shall provide such facilities and assistance as the safety representatives may reasonably require (including facilities for independent investigation by them and private discussion with the employees) for the purpose of carrying out an inspection under this Regulation, but nothing in this paragraph shall preclude the employer or his representative from being present in the workplace during the inspection.

(4)

An inspection carried out under F4... F5 ... regulation 40 of the Quarries Regulations 1999 shall count as an inspection under this Regulation.

Annotations

Textual amendments

F1

Words in reg. 5(2) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)

F2

Words in reg. 5(2) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 34(2) (with Sch. 4)

F3

Reg. 5(2A) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 34(3) (with Sch. 4)

F4

Words in reg. 5(4) omitted (6.4.2015) by virtue of The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 4 (with reg. 1(3))

F5

Words in reg. 5(4) inserted (1.1.2000) by The Quarries Regulations 1999 (S.I. 1999/2024), reg. 1(1), Sch. 5 Pt. 2

Commencement

I1

Reg. 5 in operation on 1.10.1978, see reg. 1