H&S REPS: Health and Safety Representatives

The overall implementation of the OHS Act as it pertains to ensuring a healthy and safe workplace falls squarely on the shoulders of the designated health and safety representative(s) / health and safety officer(s) in the business unit or branch. 

Remember that the designated person(s), be it the health and safety representative(s), health and safety officer(s) or the Branch Manager, is / are required to complete the relevant workplace inspections and retain all health and safety documentation on file. 

In a small branch scenario (20 or less employees), the Branch Manager may be appointed by the CEO to carry out the health and safety duties and requirements in the workplace. 

The appointment of a Branch Manager in this regard to fulfil the duties of the health and safety representative / health and safety officer,  will however be an appointment in terms of section 16 (2) of the OHS Act.

Click here for the information on a Section 16 (2) Appointment by the CEO

Only if there are more than 20 employees in a business unit or branch are you required to appoint a health and safety representative. 

If an Inspector however, is of the opinion that the existing number of designated person(s) are inadequate for such workplace / office in question, he may in writing direct the employer (CEO) to designate the number of health and safety representative(s) for that workplace in question, as determined by him.

Such appointments shall also be in accordance with the arrangements as contemplated in Section 17 (2) of the OHS Act.

This appointment must be done in writing and the person(s) should be appointed within four months of the business commencing or within four months of the number of employees exceeding 20. 

Health and safety representatives are appointed for a specific period – this is usually between one and two years. Copies of their appointments must be kept on your health and safety file. 

Note the following important points regarding the appointment of health and safety representatives.

* A health and safety representative is an employee nominated and elected by other employees to represent them on matters relating to health and safety at work.

• * A health and safety representative must be a full time/permanent employee.
• * The duties they are required to perform form part of their daily duties as the function of a health and safety representative is not a full time one.
• * It is a good idea if the health and safety representatives are familiar with workplace hazards. 

ELECTING AND APPOINTING HEALTH AND SAFETY REPRESENTATIVES

* Health and safety representatives are to be nominated and elected in accordance with the provisions of Section 17 of the OHS Act.

* Once elected, the health and safety representative must sign the appointment form in acceptance of the appointment. 

* The signed appointment letter must be retained in the Health and Safety File of your company.

Click here for a copy of the Safety Representative Nomination Form
Click here for a copy of the Safety Representative Election Ballot
Click here for a copy of the Safety Representative Appointment Letter

If a health and safety representative wishes to resign, this must be done in writing – no notice period is required. 

Branch management is now once again responsible for conducting a new nomination and election to replace the outgoing representative.

All activities regarding the designation, function and training of representatives must be performed during normal working hours. [section 17 (7)]

To monitor compliance with the OHS Act, Health and Safety Representatives are responsible for carrying out 9 general functions:
1.Review the effectiveness of the health and safety policy and measures: determine if the company health and safety programme is working and if employees are adequately protected at work. 

2.Carry our periodic health and safety inspections: health and safety representatives may check the effectiveness of health and safety measures by means of workplace health and safety inspections or audits. [See Section 18]

3.Identify potential dangers and hazards in the workplace: health and safety representatives may identify potential dangers in the workplace and report them to the health and safety committee or to management. [See Section 18]

4.Investigate incidents: health and safety representatives may, together with the employer and / or health and safety committee, investigate incidents in order to determine the cause thereof with a view to determining what can be done to prevent it from happening again. [See Section 19]

5.Investigate complaints from employees relating to health and safety: identify and review the source of the complaint and finding possible solutions to report to management. Such complaints and subsequent feedback reports must be in writing. 

6.Make representations to management: health and safety representatives (where applicable) may make representations to the committee (if one has been established) or to branch management, regarding the safety of the workplace or the complaints received from employees. Where the representations to the committee or management are unsuccessful, the health and safety representative may make representations to an inspector. 

Click here for Health and Safety Resources

7.Inspect the workplace: health and safety representatives may inspect the workplace after notifying management of the intended inspection and participate in discussions with inspectors at the workplace and accompany inspectors on inspections. The representatives may inspect documents and, with the consent of management, be accompanied by a technical advisor during an inspection. 

8.Attend health and safety committee meetings where findings are recorded in the minutes of such meeting and actions are tracked. [See Section 18 (1) (j)] 

9.Consult with inspectors: such consultation with inspectors relates to issues pertaining to health and safety in their workplace or in the area that they represent within the workplace.