According to Section 17 of the Occupational Health and Safety Act (Act 85 of 1993), employers who employ 20 or more workers on premises must appoint representatives to monitor health and safety conditions.
One of the key principles of the OHS Act is that work-related hazards, risks and dangers should be addressed through good communication between management and employees.
Appointed representatives represent workers regarding safety and health matters to management. Representatives form part of an important link between management and the rest of the organisation’s employees.
The appointment of health and safety representatives is a legal requirement; representatives must be designated in writing for a specified period. It is important to note that the appointment of representatives should be done in accordance with the agreement as contemplated in the General Administrative Regulations of the Occupational Health and Safety Act.
General Administrative Regulation 6 stipulates that after commencing business, the employer in any workplace where there must be a health and safety representative must meet with the registered trade unions in order to enter into negotiations to conclude a collective agreement. Where there is no registered trade union, the employer must enter into consultation with all employee representatives of the workplace.
The following issues must be discussed in order to reach a collective agreement during these negotiations:
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