Basic Guide to Health and Safety Representatives

Health and Safety Representatives: Champions of Workplace Safety
Health and safety representatives play a crucial role in maintaining and promoting a secure and healthy workplace environment. As required by the Occupational Health and Safety Act (Act 85 of 1993), these representatives act as intermediaries between employers and employees, promoting compliance and fostering a culture of safety.

Who Needs Health and Safety Representatives?   

According to Section 17 of the OHS Act, any employer with more than 20 employees is legally required to appoint health and safety representatives. The required number of representatives is determined by the size and nature of the workplace:

• For office and retail environments: One health and safety representative is required for every 100 employees.

• For industrial workplaces: One health and safety representative is required for every 50 employees.

• Additional Representatives: Employers may need to appoint more representatives if deemed necessary by workplace circumstances or as directed by an inspector.

Eligibility  

Health and safety representatives must:

• Be full-time employees of the workplace.

• Have a thorough understanding of workplace conditions and operations.

• Be nominated and elected by employees or appointed in consultation with trade unions or other worker representatives.

Employer Duties  

Employers are required to:

1. Facilitate the Appointment Process:

• • Develop procedures for electing or appointing health and safety representatives.

  • Replace representatives promptly in case of vacancies.

2. Provide Training and Support:

• • Offer ongoing training to equip representatives with the necessary skills and knowledge to perform their duties effectively.

  • Allocate time during working hours for representatives to carry out inspections, attend training, or participate in committee meetings.

3. Ensure Resources Are Available:

• • Provide facilities and tools necessary for representatives to perform their tasks.

  • Allow representatives access to safety reports, incident records, and any other relevant documentation.

4. Maintain an Open Dialogue:

• • Encourage communication and cooperation between representatives, health and safety committees, and management.

Duties and Rights of Health and Safety Representatives  

Health and safety representatives have the authority to:

1. Monitor Safety Measures:

• • Regularly review the workplace’s health and safety standards and measures to ensure compliance with the OHS Act.

2. Identify Risks and Hazards:

• • Conduct inspections and hazard assessments, bringing any identified risks to the attention of management.

3. Investigate Workplace Incidents:

• • Collaborate with the employer and health and safety committees to investigate incidents and determine root causes.

4. Advise and Recommend Solutions:

• • Provide feedback and recommendations to the employer, health and safety committee, or inspectors to improve workplace safety.

5. Engage with Inspectors:

• • Accompany inspectors during visits to ensure transparency and provide relevant information about safety protocols.

6. Access Relevant Information:

• • Examine workplace safety reports, inspection logs, and other health and safety-related documents.

7. Promote Employee Awareness:

• • Inform employees about their rights and responsibilities concerning workplace health and safety.

Additional Protections and Rights  

The Occupational Health and Safety Act (OHS Act) ensures protection for health and safety representatives. Employers must ensure that representatives are not:

• Victimised or discriminated against for performing their duties.

• Dismissed or penalised for raising concerns or reporting unsafe conditions.

As per Section 18(4) of the OHS Act, representatives are safeguarded from civil liability for any lapses in performing their duties.

Health and Safety Committees  

Employers are required to form a health and safety committee when there are two or more health and safety representatives in the workplace.

The committee’s responsibilities include:

• Reviewing workplace safety measures.

• Addressing concerns raised by employees or representatives.

• Promoting health and safety awareness across the workforce.

The committee must meet at least once every three months, and its recommendations should be documented and reviewed by the employer.

Encouraging Employee Participation  

While the OHS Act places much of the responsibility for workplace safety on employers, employees also play a crucial role. Workers must:

• Exercise reasonable care for their own health and safety and that of their coworkers.

• Follow safety protocols and report any hazardous situations to their representatives or management.

• Cooperate with representatives and participate in safety initiatives to foster a culture of accountability.

Employers are encouraged to promote collaboration, communication, and trust between all levels of the workforce to create a positive safety culture.

Record-Keeping and Compliance  

Employers are required to:

• Maintain records of health and safety meetings, recommendations, and inspections for a minimum of three years.

• Ensure all workplace safety incidents are logged and reported in accordance with the OHS Act.

Health and safety representatives and committees should work together to ensure that all records are accurate and up-to-date.

The Importance of Collaboration  

Building and maintaining a safe and healthy work environment is a joint responsibility for everyone in the workplace. By empowering health and safety representatives and fostering collaboration between employers and employees, businesses can minimise risks, reduce workplace injuries, and ensure compliance with the law.

Let’s join forces to ensure a safer and healthier workplace for everyone!