Health and Safety Representatives

There is often confusion about what Health and Safety representatives should do in the workplace. This article will clarify their roles and responsibilities.

What is a Health and Safety Representative?

A Health and Safety Representative, also known as a SHE Rep, is a person who is appointed in the workplace to represent his/her fellow employees to ensure that all risks and hazards are identified and addressed. The Health and Safety Representative consults with and makes representation to the employer in the Health and Safety Committee on all Health and Safety and welfare matters, which may affect employees as well as any other person/s who may be affected by the work undertaken in a specific workplace. Sections 17 and 18 of the Occupational Health & Safety (OHS) Act deal with the SHE Rep appointments and their functions in the workplace.

Who is eligible to be a SHE Rep and how many are needed?

According to Section 17(4) of the OHS Act, employees must be employed in a full-time position and be trained and made aware of the conditions and activities (risks and hazards involved) in their specific work areas. The designation must be in writing and an agreed upon period must be reached between the employer and the Health & Safety Representative. An employer cannot simply appoint any employee as the Health and Safety Representative or employ a new employee to fulfil this role as this position has to undergo a nomination process.

When an employer employs more than 20 employees, he must appoint a SHE Rep and one additional SHE Rep for every 50.

Functions of Representatives

Representatives may:

• Review the effectiveness of Health and Safety measures.
• Identify potential hazards and major incidents.
• Examine causes of incidents
• Investigate complaints.
• Advise the committee and the employer.

Representatives shall be entitled to:

• Visit incident 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 a technical advisor if approved by the employer.
• Participate in internal audits.

Can a Health & Safety Representative Incur any Civil Liability?

According to Section 18(4) of the OHS Act, a SHE Rep cannot incur any civil liability, if he/she fails to do anything that is required in terms of the OHS Act. The Health & Safety Representative can therefore not be sued for acting negligently in performing his/her functions as described in the OHS Act.

Remember that this exclusion only applies to the functions of the Health & Safety Representative. Should he/she cause an accident or incident outside the scope of his/her capacity then he/she could still be held criminally and civilly liable.

Neil Enslin

Head: Occupational Health and Safety