Health and Safety Representatives and the OHS Amendment Bill 2020

Where Health and Safety Representatives are concerned, there is a lot of pressure placed on them to understand the aspects of health and safety legislation, the duties of the employer and employees, the role of safety committees, and all safety policies.

In addition to this, they are also expected to have a working knowledge and experience with inspections, accidents and incidents, the general working environment, job specific hazards, and several other components.

Health and Safety Representatives are a vital component in any organisation, and they are the link between the employees and the employers with all matters relating to health and safety. For this reason, there are many changes and improvements made to the Occupational Health and Safety Act relating to Health and Safety reps, namely Section 17.

These are clearly indicated in the OHS Amendment Bill 2020 and it is imperative for all organisations to ensure that these changes take effect and that they are communicated.

The sections below indicate the specific changes contained in Section 17 of OHSA. However, for a full and comprehensive free eBook containing all the changes brought on by the OHS Amendment Bill 2020, click here to DOWNLOAD your FREE eBook

What changes were made to the responsibilities of Safety Reps?

• Subject to the provisions of Subsection (2), each employer who has 20, or more, employees in his or her employment at any given workplace, shall, within four months following the commencement of this Act, or after commencement of business, or when the number of employees exceeds 20, appoint health and safety representatives for the workplace, or sections thereof, in writing for a specific time.
• An employer as well as the representatives of his or her employees which are recognised by him or her, or where there are no representatives, the employees will consult in good faith pertaining to the arrangements and procedures for the nomination/election, period of office and the subsequent designation of health and safety representatives as indicated in Subsection (1). If the consultation between employees for this fails, the matter must be referred for arbitration to the Commission for Conciliation, Mediation, and Arbitration.
• (unchanged) Only employees who have been employed in a full-time capacity at a certain workplace, and who are familiar with the conditions and activities in that workplace or section thereof, can be considered eligible for the designation as a health and safety representative for the specific workplace, or section thereof.
• The number of health and safety representatives in a workplace, or section thereof, where shops and offices are concerned, must be at least one health and safety rep per 100 employees, or part thereof. Where all other workplaces are concerned, there must be at least one health and safety representative for every 50 employees, or part thereof. If an employee, who is performing work in a workplace other than where they typically report for duty, they will be considered working at the workplace where they have reported for duty.
• If the opinion of an inspector is that the number of health and safety representatives for a workplace, or section thereof, which includes one where there are 20 employees or fewer, is inadequate, the inspector may, in writing, direct that the employer designate an appropriate number of employees as health and safety representatives in that workplace, or section thereof, as per the arrangements and procedures of Subsection (2).
• (unchanged) All activities relating to the designation, functions, and training of health and safety representatives will be performed during typical work hours, at any time spent by an employee in this regard for all purposes which are deemed to be time spent by him or her in performing their duties as an employee.

How does SafetyWallet support its subscribers?

With the new changes of the OHS Amendment Bill 2020 taking effect in various organisations across all industries in South Africa, many organisations are finding the benefit in becoming a SafetyWallet subscriber.

SafetyWallet helps its subscribers by providing the perfect platform for implementing and maintaining an effective health and safety management system, ensuring that the overall organisation is compliant with the Occupational Health and Safety Act, regulations, Standards and municipal by-laws.