Health And Safety Representatives

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Health And Safety Representatives

What is a Health and Safety Representative?

A Health and Safety representative are full-time worker nominated or elected and designated in writing by the employer.

The employer and employees should consult and reach an agreement about who will be Health and Safety representatives. Workers who are appointed as Healtha nd Safety representatives must at least be familiar with the circumstances and conditions at that part of the workplace for which they are designated.

Agreement must also be reached on the period of office and functions of the Health and Safety representative and must be settled amongst the employer and the workers.

How many Health and Safety representatives must be appointed?

A representative must be designated for every workplace consisting of 20 or more workers. Therefore, where only 19 workers are employed, it is not necessary to designate a representative.

In the case of shops and offices, one representative must be designated for every 100 workers or part thereof. For example, one representative must be designated in the case of 21 to 100 workers. But two representatives must be designated where 101 to 200 workers are employed, etc.

In the case of other workplaces, one Health and Safety representative must be designated for every 50 workers or part thereof. For example, one representative must be designated in the case of 21 to 50 workers. But two representatives must be designated where 51 to 100 workers are employed.

Depending on circumstances, an inspector may require the designation of more representatives, even in the case where the number of workers is less than 20. For example, the layout of a plant may be of such a nature that the designation of only one representative for 50 workers is insufficient. The inspector may then require the appointment of more representatives.

However, if the employer and workers so agree, more than the prescribed number of representatives may be designated.

When must Health and Safety representatives be appointed?

Within four months after the commencement of the employer’s business. An employer with more than 20 workers, whose business is operative for less than four months, does not have to designate representatives.

In the case where, for example, seasonal workers are employed on farms, causing the number of workers to exceed 20 for a period less than four months, the designation of representatives is also not necessary.

When must Health and Safety representatives perform their activities?

All activities regarding the designation, function and training of representatives must be performed during normal working hours.

What may Health and Safety representatives do?

Health and safety representatives are entitled to do the following:

Health and Safety inspections

Representatives may check the effectiveness of Health and Safety measures by means of Health and Safety inspections.

Identify potential hazards and risks

Representatives may identify potential dangers in the workplace and report them to the Health and Safety committee or the employer.

Investigate incidents

Health and Safety Representatives may together with the employer investigate incidents, investigate complaints from workers regarding Health and Safety matters, and report about it in writing.

Make representations

Representatives may make representations regarding the Safety of the workplace to the employer or the Health and Safety committee or, where the representations are unsuccessful, to an inspector.

Inspections

As far as inspections are concerned, representatives may inspect the workplace after notifying the employer of the inspection. The representative may also participate in discussions with inspectors at the workplace and accompany inspectors on inspections. Documents that relate to Health and Safety may also be inspected. With the consent of his/her employer, be accompanied by a technical advisor during an inspection.