SHE Rep

1.  Applicable Legislation:

The following sections in the OCCUPATIONAL HEALTH & SAFETY ACT (85 OF 1993) are applicable on the functioning of SHE Reps and SHE Committee meetings:

 

8.         General duties of employers to their employees

 

1)         Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health and safety of his employees.

2)         Without derogating from the generality of an employer’s duties under sub-section (1), the matters to which those duties refer include in particular

–

(a)       a provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health,

(b)       taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety of employees, before resorting to personal protective equipment;

(c)       making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances;

(d)       establishing, as far as is reasonably practicable, what hazards to the health and safety or persons are attached to any work which is

performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall as far as is reasonably practicable, further establish what precautionary measures should be taken

 

with respect to such work, article, substance, plant and machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures;

(e)       providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees;

(f)        as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or

any other precautionary measures which may be prescribed, have been taken;

(g)       taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used;

(h)       enforcing such measures as may be necessary in the interest of health and safety;

(i)         ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and

(j)         causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1) (b).

 

9.         General duties of employers and self-employed persons other than their employees

 

1)         Every employer shall conduct his undertaking in such a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.

2)         Every self-employed person shall conduct his undertaking in such a manner as to ensure, as far as is reasonable practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to hazards to their health and safety.

 

10.       General duties of manufacturers and others regarding articles and substances for use at work

 

1)         Any person who designs, manufacturers, imports, sells or supplies, any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements.

2)         Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.

3)         Any person who manufacturers, imports, sells or supplies any substance for use at work shall-

(a)       ensure as far as is reasonably practicable, that the substance is safe and without risk to health when properly used; and

(b)       take such steps as may be necessary to ensure that information is available with regard to the use of the substance at work, the risks to health and safety associated with such substance, the conditions necessary to ensure that the substance will be safe and without risks to health when properly used and the procedure to be followed in the case of an accident involving such substance.

4)         Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person

undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.

 

 

 

 

 

11.       Listed work

 

1)         The Minister may, subject to the provisions of sub-section (2) and (3), by notice in the Gazette declare any work, under the conditions or circumstances specified in the notice, to be listed work.

2)         (a)  Before the Minister declares any work to be listed work, he shall cause to be published in the Gazette a draft of his proposed notice and at the same time invite interested persons to submit to him in writing within a specified period, comments and representations in connection with the proposed notice.

(b) A period of no less than three months shall elapse between the publication of the draft notice and the notice under sub-section (1).

3)         The provisions of sub-section (2) shall not apply –

(a)       if the Minister in pursuance of comments and representations received in terms of sub-section (2)(a), decides to publish the notice referred to in sub-section-1 in an amended form; and

(b)       to any declaration in terms of sub-section (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay.

4)         A notice under sub-section (1) may at any time be amended or withdrawn by like notice.

 

12.       General duties of employers regarding listed work

 

1)         Subject to such arrangements as may be prescribed, every employer whose employees undertake listed work or are liable to be exposed to the hazards emanating from listed work, shall, after consultation with the health and safety committee established for that workplace –

(a)       identify the hazards and evaluate the risks associated with such work constituting a hazard to the health of such employees, and the steps that need to be taken to comply with the provisions of this Act;

(b)       as far as is reasonably practicable, prevent the exposure of such employees to the hazards concerned or, where prevention is not reasonably practicable, minimize such exposure, and

(c)       having regard to the nature of the risk associated with such work and the level of exposure of such employees to the hazards, carry out an occupational hygiene programme and biological monitoring, and subject such employees to medical surveillance.

2)         Every employer contemplated in sub-section (1) shall keep the health and safety representatives designated for their workplaces or sections of the workplaces, informed of the actions taken under sub-section (1) in their respective workplaces or sections thereof and of the results of such actions:  Provided that individual results of biological monitoring and medical surveillance relating to the work of the employee, shall only with the written consent of such employee be made available to any person other than an inspector, the employer or the employee concerned.

 

 

 

 

13.       Duty to inform

 

Without derogating from any specific duty imposed on an employer by this Act, every employer shall–

(a)       as far as is reasonably practicable, cause every employee to be made conversant with the hazards to his health and safety attached to any work which he has to perform, any article or substance which he has to produce, process, use, handle, store or transport and any plant or machinery which he is required or permitted to use, as well as with the precautionary measures which should be taken and observed with respect to those hazards;

(b)       inform the health and safety representatives concerned beforehand of inspections, investigations or formal inquiries of which he has been notified by an inspector, and of any application for exemption made by him in terms of section 40; and

(c)       inform a health and safety representative as soon as reasonably practicable of the occurrence of an incident in the workplace or section of the workplace for which such representative has been designated.

 

14.       General duties of employees at work

 

Every employee shall at work –

(a)       take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions;

(b)       as regards any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with;

(c)       carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health and safety;

(d)       if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation to his employer or the health and safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer; and

(e)       if he is involved in any incident which may affect his health or which has caused an injury to himself, report such incident to his employer to anyone authorized thereto by the employer, or to his health and safety representative, as soon as practicable but not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that the reporting of the incident was not possible, in which case he shall report the incident as soon as possible thereafter.

 

15.       Duty not to interfere with, damage or misuse things

 

No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.

 

 

 

 

16.       Chief executive officer charged with certain duties

 

1)         Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his employer as contemplated in this Act, are properly discharged.

2)         Without derogating from his responsibility or liability in terms of sub-section (1), a chief executive officer may assign any duty contemplated in the said sub-section, to any person under his control, which person shall act subject to the control and directions of the chief executive officer.

3)         The provisions of sub-section (1), shall not, subject to the provisions of section 37, relieve an employer of any responsibility or liability under this Act,

4)         For the purpose of sub-section (1), the head of department of any department of State shall be deemed to be the chief executive officer of that department.

 

17.       Health and safety representatives

 

1)         Subject to the provisions of sub-section (2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof.

2)         An employer and the representatives of his employees recognized by him or, where there are no such representatives, the employees shall consult in good faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of sub-section (1):  Provided that if such consultation fails, the matter shall be referred for arbitration to a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitration, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final.

3)         Arbitration in terms of sub-section (2) shall not be subject to the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation contemplated in that sub-section shall not be deemed to be a dispute in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister may prescribe the manner of arbitration and the remuneration of the arbitrator designated by the President of the Industrial Court.

4)         Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section.

5)         The number of health and safety representatives for a workplace or section thereof shall in the case of shops and offices be at least one health and safety representative for every 100 employees or part thereof, and in the case of all other workplaces at least one health and safety representative for every 50 employees or part thereof: Provided that those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the workplace where they so report for duty.

6)         If an inspector is of the opinion that the number of health and safety representatives for any workplace or section thereof, including a workplace of section with 20 or fewer employees, inadequate, he may by notice in writing direct the employer to designate such number of employees as the inspector may determine as health and safety representatives for that workplace or section thereof in accordance with the arrangements and procedures referred to in sub-section (2).

7)         All activities in connection with the designation, functions and training of health and safety representatives shall be performed during ordinary working hours, and anytime reasonably spent by any employee in this regard shall for all purposes be deemed to be time spent by him in the carrying out of his duties as an employee.

 

18.       Functions of health and safety representatives

 

1)         A health and safety representative may perform the following functions in respect of the workplace or section of the workplace for which he has been designated, namely:

(a)       review the effectiveness of health and safety measures;

(b)       identify potential hazards and potential major incidents at the workplace;

(c)       in collaboration with his employer, examine the causes of incidents at the workplace;

(d)       investigate complaints by any employee relating to that employee’s health or safety at work;

(e)       make representations to the employer or a health and safety committee on matters arising from paragraphs (a), (b), (c) or (d), or where such representations are unsuccessful, to an inspector;

(f)        make representations to the employer on general matters affecting the health or safety of the employees at the workplace;

(g)       inspect the workplace, including any article, substance, plant, machinery or health and safety equipment at that workplace with a view to the health and safety of employees, at such intervals as may be agreed upon with the employer: Provided that the health and safety representative shall give reasonable notice of his intention to carry out such an inspection to the employer, who may be present during the inspection;

(h)       participate in consultations with inspectors at the workplace and accompany inspectors on inspections of the workplace;

(i)         receive information from inspectors as contemplated in section 36; and

(j)         in his capacity as a health and safety representative attend meetings of the health and safety committee of which he is a member, in connection with any of the above functions.

2)         A health and safety representative shall, in respect of the workplace or section of the workplace for which he has been designated be entitled to:

(a)       visit the site of an incident at all reasonable times and attend any inspections in loco;

(b)       attend any investigation or formal inquiry held in terms of this Act;

(c)       in so far as it is reasonably necessary for performing his functions, inspect any document which the employer is required to keep in terms of this Act;

(d)       accompany an inspector on any inspection;

(e)       with the approval of the employer (which approval shall not be unreasonably withheld), be accompanied by a technical adviser, on any inspection; and

(f)        participate in any internal health and safety audit.

3)         An employer shall 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.

4)         A health and safety representative shall not incur any civil liability by reason of the fact that he failed to do anything which he may do or is required to do in terms of this Act.

 

19.       Health and Safety Committees

 

1)         An employer shall in respect of each workplace where two or more health and safety representatives have been designated, establish one or more health and safety committees and, at every meeting of such a committee as contemplated in sub-section (4), consult with the committee with a view to initiating, developing, promoting, maintaining and reviewing measures to ensure the health and safety of his employees at work.

2)         A health and safety committee shall consist of such number of members as the employer may from time to time determine:  Provided that –

(a)       if one health and safety committee has been established in respect of a workplace, all the health and safety representatives for that workplace shall be members of the committee;

(b)       if two or more health and safety committees have been established in respect of a workplace, each health and safety representative for that workplace shall be a member of at least one of those committees; and

(c)       the number of persons nominated by an employer on any health and safety committee established in terms of this section shall not exceed the number of health and safety representatives on that committee.

3)         The persons nominated by an employer on a health and safety committee shall be designated in writing by the employer for such period as may be determined by him, while the health and safety representatives shall be members of the committee for the period of their designation in terms of Section 17(1).

4)         A health and safety committee shall hold meetings as often as may be necessary, but at least once every three months, at a time and place determined by the committee: Provided that an inspector may by notice in writing direct the members of a health and safety committee to hold a meeting at a time and place determined by him: Provided further that, if more than 10 per cent of the employees at a specific workplace has handed a written request to an inspector, the inspector may by written notice direct that such a meeting be held.

5)         The procedure at meetings of a health and safety committee shall be determined by the committee.

6)         (a)  A health and safety committee may co-opt one or more persons by reason of his or their particular knowledge of health or safety matters as an advisory member or as advisory members of the committee.

(b) An advisory member shall not be entitled to vote on any matter before the committee.

7)         If an inspector is of the opinion that the number of health and safety committees established for any particular workplace is inadequate, he may in writing direct the employer to establish for such workplace such number of health and safety committees as the inspector may determine.

 

20.       Functions of health and safety committees

 

1)         A health and safety committee –

(a)       may make recommendations to the employer or, where the recommendations fail to resolve the matter, to an inspector regarding any matter affecting the health and safety of persons at the workplace or any section thereof for which such committee has been established;

(b)       shall discuss any incident at the workplace or section thereof in which or in consequence of which any person was injured, became ill or died, any may in writing report on the incident to an inspector; and

(c)       shall perform such other functions as may be prescribed.

2)         A health and safety committee shall keep record of each recommendation made to any employer in terms of sub-section (1) (a) and of any report made to an inspector in terms of sub-section (1) (b).

3)         A health and safety committee or a member thereof shall not incur any civil liability by reason of the fact only that it or he failed to do anything which it or he may or is required to do in terms of this Act.

4)         An employer shall take the prescribed steps to ensure that a health and safety committee complies with the provisions of section 19 (4) and performs the duties assigned to it by sub-section s (1) and (2).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.  SHE REPRESENTATIVES:

Employers who employ 20 or more workers must appoint representatives to monitor health and safety conditions.

 

When to Appoint Representatives

Employers who employ 20 or more workers must appoint health and safety representatives.

Based on Legislation in Section 17, of the Occupational Health and Safety Act

 

How Many to Appoint

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.

However, an inspector may order an employer to appoint more.

Based on Legislation in Section 17, of the Occupational Health and Safety Act

 

Who to Appoint

Representatives must be full-time workers who are familiar with the workplace.

Based on Legislation in Section 17, of the Occupational Health and Safety Act

Training

Representatives must be trained during working hours.

Based on Legislation in Section 17, of the Occupational Health and Safety Act

 

Duties

Representatives -

          monitor, investigate and report on health and safety matters;

          accompany inspectors during inspections; and

          attend health and safety committee meetings.

Based on Legislation in Section 18, of the Occupational Health and Safety Act

 

 

3.  Basic Guide to Health and Safety Committees

Employers who have appointed 2 or more health and safety representatives must form health and safety committees.  Employers and committees have certain duties and functions.

 

When to Form a Committee

1 or more health and safety committees must be formed when – employers have appointed 2 or more health and safety representatives; or inspectors instruct employers to do so.

Based on Legislation in Section 19, of the Occupational Health and Safety Act

 

 

 

 

Employer’s Duties

Employers:

·         decide on the number of health and safety committee members;

·         appoint committee members;

·         attend every committee meeting; and

·         ensure that committees meet at least once every 3 months.

Based on Legislation in Section 19, of the Occupational Health and Safety Act

 

Committee’s Duties

Health and safety committees - make and keep records of recommendations to employers and inspectors; and discuss report and keep records of incidents in which someone is killed, injured, or become ill.

Based on Legislation in Section 20, of the Occupational Health and Safety Act

 

4.  Summary:

 

A SHE Reps is the most important link in the Health and Safety Chain.

·         They are the eyes and the ears of the Safety System.

·         They are the voice of the employees.

 

Although it is not mentioned in the Act; SHE Reps are more and more used by employers to assist in the day to day administration of Health and Safety.

They assist in functions like:

·         Toolbox Talks

·         Daily Risk Assessments (DSTI’s)

·         Daily / Weekly and Monthly Checklists

 

A SHE REP IS A RESPONSIBLE LEADER THAT ALWAYS SET AN EXAMPLE TO HIS FELLOW EMPLOYEES REGARDING HEALTH & SAFETY