The Occupational Health and Safety (OHS) Act 85 of 1993 provides clear guidance on the requirements for Health and Safety Representatives in the workplace. In particular, Section 17 covers the appointment of Health and Safety Representatives and Section 18 outlines the responsibilities and functions of Health and Safety Representatives.
In this article, we’ll outline the key provisions of Section 17 and 18 of the OHS Act, providing a clear understanding of the duties placed on both the employer and Health and Safety Representatives in the workplace.
OHS Act Section 17: Health and Safety Representatives
Section 17 of the OHS Act stipulates when employers are required to appoint Health and Safety Representatives, how they should go about appointing them, and which employees are eligible to be appointed.
OHS Act Section 17(1)
- Workplaces with more than 20 employees must appoint a Health and Safety Representative.
- Health and Safety Representatives must be formally appointed in writing.
- Health and Safety Representatives must be appointed for a specified time period.
OHS Act Section 17(2)
- The Act specifies that the employer must consult in good faith with employees regarding the nomination and election process of Health and Safety Representatives. This means that the employer may not independently designate Health and Safety Representatives; they must be nominated and elected by their fellow employees.
OHS Act Section 17(4)
- Only full-time employees are eligible to become Health and Safety Representatives.
- Health and Safety Representatives must be familiar with the conditions and activities of the workplace, or section of the workplace, for which they are responsible.
OHS Act Section 17(5)
- For shops and offices, the number of Health and Safety Representatives that need to be appointed is at least one Representative per 100 employees or group thereof (1:100).
- For all other workplaces, the number of Health and Safety Representatives that need to be appointed is at least one Representative per 50 employees or group thereof (1:50).
OHS Act Section 17(6)
- If an Inspector of the Department of Employment and Labour (DoEL) deems that a workplace requires more Health and Safety Representatives than the minimum number outlined above, the Inspector may direct the employer to appoint additional Representatives.
OHS Act Section 17(7)
- Health and Safety Representatives may only carry out their functions during normal working hours (the employer may not ask them to carry out their functions after hours).
- Any time an employee spends carrying out their Health and Safety Representative functions should be considered time spent carrying out their role as an employee. In other words, Health and Safety Reps are not required to ‘make up’ time spent carrying out their health and safety functions.
OHS Act Section 18: Functions of Health and Safety Representatives
Section 18 of the OHS Act lists the functions that Health and Safety Representatives are required to fulfil in the workplace, outlines what they are entitled to do, and stipulates what employers are required to provide with regards to training, assistance, and facilities.
OHS Act Section 18(1)
- According to the OHS Act, the functions and duties of Health and Safety Representatives include the following:
- Reviewing health and safety measures in the workplace to assess how effective they are.
- Identifying workplace hazards and assessing the potential for incidents to occur.
- Working with the employer to investigate incidents and accidents to determine their cause.
- Listening to and investigating health and safety complaints made by employees.
- Communicating any health and safety concerns, complaints, hazards, etc., to the employer or the Health and Safety Committee. If deemed necessary, Health and Safety Representatives may report health and safety concerns to an Inspector of the DoEL.
- Communicating with the employer about general health and safety-related matters.
- Performing regular health and safety inspections of the workplace at an interval agreed upon with the employer.
- Participating in consultations with the DoEL Inspectors and accompanying Inspectors on workplace inspections.
- Receiving information from the Inspector.
- Attending and participating in Health and Safety Committee meetings.
OHS Act Section 18(2)
- Health and Safety Representatives are entitled to do the following:
- Visit the site of a workplace incident and attend inspections.
- Attend any investigation or formal enquiry.
- Request to view any health and safety-related document the employer is required to have according to the OHS Act.
- Accompany an Inspector on an inspection of the workplace.
- Request to be accompanied by a technical adviser on any inspection.
- Participate in internal health and safety audits.
OHS Act Section 18(3)
- The employer has a duty to provide any facilities the Health and Safety Representative may reasonably need to carry out their functions.
- The employer has a duty to provide any assistance and training (such as Health and Safety Representative training) the Health and Safety Representative may reasonably need to carry out their functions.
OHS Act Section 18(4)
- A Health and Safety Representative cannot incur any civil liability for failing to carry out his duties and functions as a Health and Safety Representative.
Employers have a duty to provide Health and Safety Representatives with assistance and training.
According to Section 18, Paragraph 3, of the OHS Act, employers are legally obligated to ensure that Health and Safety Representatives receive sufficient training that enables them to effectively carry out their official duties and functions. Our one-day Health and Safety Representative training teaches delegates the importance of health and safety in the workplace, covers essential sections of the OHS Act, and prepares delegates to confidently and capably execute their functions in the workplace.