Should companies appoint health and safety representatives for the workplace?
The strangest thing about Occupational Health and safety in the workplace is that employers still view the subject as a “grudge purchase”. What employers must understand that there are inherent benefits to the company too.
A safe working environment is good for everyone in the workplace; yes it even includes the management. Having an expert do a risk assessment often exposes areas that may seem to be safe when in fact may cause serious problems.
An example is that mangled web of wires we all have behind our desks. Extension on extension and multiple plugs connected to the wall for power. No one wants to put themselves or their employees in harm’s way. Yes, the Act obliges us to adhere to health and safety requirements but this should not be a driving factor. Companies are obliged to appoint health and safety representatives, according to Section 17 of the Occupational Health and Safety Act (Act 85 of 1993).
Many companies are quite sure if they indeed need a health and safety representative. Usually a risk assessment will point out any shortcomings but in brief I will try to highlight the pertinent points that apply to health and safety representative as required by the Act. Companies employing 20 or more employees are expected to appoint representatives to assess, monitor and report on health and safety conditions in the workplace.
Unfortunately, these representatives have a hard time achieving what is set out for them because management is reluctant to listen to their suggestions. Companies appoint these people in order for them to comply with the law but their suggestions are ignored because it may involve costs to the company. The only way that a health and safety representative can effectively act on the responsibility given is to have a management team that supports them. Thus, effective communication by the representative with management and effective communication by management with the representative is the key.
Health and safety representatives, in essence, represent all employees to ensure a safe working environment.
So how do companies elect representatives. Firstly, they must be elected in writing. The appointment must be for a specified period, as stipulated by the General Administrative Regulations of the Occupational Health and Safety Act. In an article written by Tinus Boshoff from the SA Labour Guide, he stipulates that “General Administrative Regulation 6 stipulates that after commencing business, the employer in any workplace where there must be a health and safety representative, must meet with the registered trade unions in order to enter into negotiations to conclude a collective agreement. Where there is no registered trade union, the employer must enter into consultation with all employee representatives of the workplace.”
The number of representatives that should be elected according to section 17 of the OHS Act, shops and offices must have at least 1 representative for every 100 workers or part thereof. All other workplaces must have at least 1 representative for every 50 workers or part thereof. Representatives should be full-time workers who are familiar with the workplace. According to the Act, representation activities must be performed during ordinary working hours.
Regulation 6 stipulates that specific issues be covered in the negotiations:
Health and safety representative must be nominated
The length of there term as a representative
The circumstances in which they can be removed
The manner in which vacancies are to be filled
Stipulate the health and safety representatives functions
Provided training, facilities and assist health and safety representative
It is the employer’s duty to ensure that representatives are properly empowered to perform their duties as health and safety representatives. This means that rrepresentatives are entitled to attend incident investigations and enquiries, inspect documents and participate in internal health and safety audits.
Duties and responsibilities:
Investigate complaints
Identify potential hazards and major incidents
Examine causes of incidents
Review effectiveness of health and safety measures
Advise the committee and the employer
Visit incidents sites and attend inspections
Attend any investigation or formal inquiry
Inspect any document related to health and safety matters
Accompany an inspector
Be accompanied by technical advisor if approved by the employer
Participate in internal audits
According to Boshoff, health and safety representative “shall not incur any civil liability if he failed to do any thing which he may do or is required to do”.
Therefore, it is not just a legal obligation to elect a health and safety representative but also a personal obligation of self preservation.
Should companies appoint health and safety representatives for the workplace?
The strangest thing about Occupational Health and safety in the workplace is that employers still view the subject as a “grudge purchase”. What employers must understand that there are inherent benefits to the company too.
A safe working environment is good for everyone in the workplace; yes it even includes the management. Having an expert do a risk assessment often exposes areas that may seem to be safe when in fact may cause serious problems.
An example is that mangled web of wires we all have behind our desks. Extension on extension and multiple plugs connected to the wall for power. No one wants to put themselves or their employees in harm’s way. Yes, the Act obliges us to adhere to health and safety requirements but this should not be a driving factor. Companies are obliged to appoint health and safety representatives, according to Section 17 of the Occupational Health and Safety Act (Act 85 of 1993).
Many companies are quite sure if they indeed need a health and safety representative. Usually a risk assessment will point out any shortcomings but in brief I will try to highlight the pertinent points that apply to health and safety representative as required by the Act. Companies employing 20 or more employees are expected to appoint representatives to assess, monitor and report on health and safety conditions in the workplace.
Unfortunately, these representatives have a hard time achieving what is set out for them because management is reluctant to listen to their suggestions. Companies appoint these people in order for them to comply with the law but their suggestions are ignored because it may involve costs to the company. The only way that a health and safety representative can effectively act on the responsibility given is to have a management team that supports them. Thus, effective communication by the representative with management and effective communication by management with the representative is the key.
Health and safety representatives, in essence, represent all employees to ensure a safe working environment.
So how do companies elect representatives. Firstly, they must be elected in writing. The appointment must be for a specified period, as stipulated by the General Administrative Regulations of the Occupational Health and Safety Act. In an article written by Tinus Boshoff from the SA Labour Guide, he stipulates that “General Administrative Regulation 6 stipulates that after commencing business, the employer in any workplace where there must be a health and safety representative, must meet with the registered trade unions in order to enter into negotiations to conclude a collective agreement. Where there is no registered trade union, the employer must enter into consultation with all employee representatives of the workplace.”
The number of representatives that should be elected according to section 17 of the OHS Act, shops and offices must have at least 1 representative for every 100 workers or part thereof. All other workplaces must have at least 1 representative for every 50 workers or part thereof. Representatives should be full-time workers who are familiar with the workplace. According to the Act, representation activities must be performed during ordinary working hours.
Regulation 6 stipulates that specific issues be covered in the negotiations:
Health and safety representative must be nominated
The length of there term as a representative
The circumstances in which they can be removed
The manner in which vacancies are to be filled
Stipulate the health and safety representatives functions
Provided training, facilities and assist health and safety representative
It is the employer’s duty to ensure that representatives are properly empowered to perform their duties as health and safety representatives. This means that rrepresentatives are entitled to attend incident investigations and enquiries, inspect documents and participate in internal health and safety audits.
Duties and responsibilities:
Investigate complaints
Identify potential hazards and major incidents
Examine causes of incidents
Review effectiveness of health and safety measures
Advise the committee and the employer
Visit incidents sites and attend inspections
Attend any investigation or formal inquiry
Inspect any document related to health and safety matters
Accompany an inspector
Be accompanied by technical advisor if approved by the employer
Participate in internal audits
According to Boshoff, health and safety representative “shall not incur any civil liability if he failed to do any thing which he may do or is required to do”.
Therefore, it is not just a legal obligation to elect a health and safety representative but also a personal obligation of self preservation.