Appointing and training a Health and Safety Representative is an important occupational health and safety requirement for any workplace that employs over 20 people. Failing to appoint a Health and Safety Representative may result in a status of non-compliance with the Occupational Health and Safety Act 85 of 1993, which in turn exposes your company to legal, financial, and safety risks.
What is a Health and Safety Representative?
A Health and Safety Representative is an employee-nominated member of a company’s occupational Health and Safety Team who is responsible for representing employees’ health and safety interests at the quarterly Health and Safety Committee meetings, performing regular inspections of the workplace, and assisting with incident investigations, amongst other duties.
What’s the difference between a Health and Safety Representative and a SHE Rep?
The acronym ‘SHE’ in ‘SHE Rep’ stands for ‘safety, health, and environment’. The terms ‘SHE Rep’ and ‘Health and Safety Rep’ are often used interchangeably. However, it’s important to note that both SHE Reps and Health and Safety Reps generally only work in accordance with the Occupational Health and Safety (OHS) Act – not the Environmental Act. The Environmental Act and the OHS Act are two separate and entirely different compliance legislations.
Are businesses legally required to appoint Health and Safety Representatives?
Yes, under the Occupational Health and Safety (OHS) Act 85 of 1993, any business employing more than 20 people is legally obligated to appoint a Health and Safety Representative. Thereafter, the Act states that shops and offices must appoint at least one Health and Safety Representative per 100 employees, while all other workplaces are required to appoint at least one Health and Safety Representative per 50 employees. In particularly high-risk industries or workplaces, the number of required Health and Safety Representatives may be higher.
What are the duties and responsibilities of a Health and Safety Representative?
Health and Safety Representatives play a vital role in occupational health and safety management. Section 18 of the OHS Act, Functions of health and safety representatives, outlines the duties and responsibilities of Health and Safety Representatives. According to the Act, Health and Safety Representatives may perform the following functions:
- Review the effectiveness of health and safety measures in the workplace;
- Identify and report potential hazards and potential incidents at the workplace;
- Assist the employer to investigate workplace incidents and accidents;
- Investigate complaints by any employee relating to health or safety at work;
- Represent employees’ health and safety interests and concerns to management;
- Should management fail to address employees’ health and safety concerns adequately, report the concerns to an inspector of the Department of Employment and Labour (DoEL);
- Regularly inspect the workplace to assess the efficacy of health and safety measures in place;
- Participate in consultations with DoEL inspectors and accompany inspectors on inspections of the workplace;
- Receive information from DoEL inspectors;
- Attend Health and Safety Committee meetings.
In addition, Health and Safety Representatives are entitled to do the following:
- Visit the site of an incident or workplace injury and be present at inspections;
- Attend any investigation or formal enquiry relating to health and safety;
- Inspect any document relating to health and safety;
- Accompany an inspector on an inspection;
- Be accompanied by a technical advisor, with the approval of the employer;
- Participate in any internal health and safety audit.
Can an injured employee sue a Health and Safety Representative for failing to carry out their duties?
No, Section 18(4) of the OHS Act specifically states that Health and Safety Representatives “shall not incur any civil liability by reason of the fact only that he failed to do anything which he may do or is required to do in terms of this Act”. This means that should a Health and Safety Representative fail to carry out their duties (for example, failing to inspect the workplace) and should an employee become injured as a result (for example, by tripping over uneven, broken paving), that employee cannot sue the Health and Safety Representative for damages.
What are the employer’s duties towards Health and Safety Representatives?
Section 18(3) of the OHS Act states that employers have a duty to “provide such facilities, assistance and training as a health and safety representative may reasonably require and as have been agreed upon for the carrying out of his functions”. Health and Safety Representative courses are presented over one day and cover the following content:
- The importance of occupational health and safety
- Important sections of the Occupational Health and Safety Act 85 of 1993
- Powers of DoEL inspectors
- Functions of a Health and Safety Representative
- Health and safety communication best practices
- The Health and Safety Representative appointment letter
- Functions of Health and Safety Committees
- The Health and Safety Representative workplace inspection checklist
- Incident and accident investigation and reporting
- Hazard identification and risk assessment
- Health and safety signage
Note that all Health and Safety Representative training, duties, and activities must take place within normal working hours. Employers may not expect Health and Safety Representatives to perform their functions after hours.
Comply with occupational health and safety requirements in the workplace by sending your Health and Safety Representatives on accredited training courses.
As discussed above, employers are legally obliged to provide the necessary training to enable Health and Safety Representatives to effectively carry out their functions. DoEL inspectors check this by requesting to view your Health and Safety Representatives’ training certificates, which must be current and issued by an accredited training provider. To ensure that training fulfills the requirements of the OHS Act, select a training provider that is accredited by the DoEL and the Quality Council for Trades and Occupations (QCTO).
First Aid, Fire and Safety Training is accredited by the DoEL and QCTO and offers Health and Safety Representative training at our training centres in Johannesburg, Durban, Cape Town, and Gqeberha (Port Elizabeth). If you are a larger organisation looking to train a group of eight or more Health and Safety Representatives, we offer on-site training at your premises. Book your training online.