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Legal appointments in the workplace
1. Legal Appointments
in the workplace
The OHS Act and its Regulations require a
number of appointments to be made.
2. According to the OHS Act
According to the Occupational Health and Safety Act 85 of 1993, Section 19:
• (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
subsection 19.(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.
• (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).
3. It is vital that a company has the correct
type and number of legal appointments
to be part of the Health and Safety
committee and keep their workplace safe.
4. There are a number of appointees that need to
be appointed in the workplace.
• The Safety officer
• A Health and Safety representative
• Health and safety Committee
members
• First Aider
• Incident Investigator
• Firefighter
• Other appointments can include a
ladder inspector, supervisor of
machinery, principal contract,
scaffolding supervisor, and fire
fighting inspector.
Appointed !
5. The safety officer should be responsible for
the following:
• Assessing the situation to determine whether an
emergency exists requiring activation of your
emergency procedures.
• Supervising all efforts in the area, including
evacuating personnel.
• Coordinating outside emergency services, such as
medical aid, first aid and local fire departments (if
there is a fire for example), and ensuring that they
are available and notified when necessary; and
directing the shutdown of operations when
required.
• In addition to a coordinator, you may want to
designate employees who attended the fire fighting
course
• Machinery supervisor to deal with
the safe operation of
machinery. This can be something
as simple as a gas bottle.
• Assistant to the CEO to directly
assist with health and safety. This
role is usually attributed to the
departmental heads.
6. It is compulsory to have a Health and Safety
representative, and this individual must be
appointed in writing. Further health and
safety committee members should also be
appointed.
1st
7. • 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.
• 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.
8. The functions of the Health and Safety
Representative: … continued
• Review the effectiveness of health and safety measures
• Identify potential hazards and potential major incidents at the workplace
• In collaboration with his employer, examine the cause of incidents at the workplace
• Investigate complaints by any employee relating to that employee’s health or safety
at work
• 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
9. The functions of the Health and Safety
Representative:
• Make representations to the employer on general matters affecting the health or safety of
the employees at the workplace
• 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
• Participate in consultation with inspectors at the workplace and accompany inspectors on
inspections in the workplace
• Receive information from inspectors as contemplated in section 36; and
• 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.
10. The First Aider
• Although not compulsory, it is highly advisable that a suitably trained first aid
appointment is made.
• It is good practice to have at least 1 first aider available for every 50 people in a
workplace. Where more than five employees are employed at a workplace, the employer
of such employees shall provide a first aid box at or near the workplace which shall be
available and accessible for the treatment of injured persons at the workplace
• Where more than 10 employees are employed at a workplace, the employer of such
employees shall take steps to ensure that for every group of up to 50 employees at that
workplace or in the case of a shop or an office as contemplated in the Basic Conditions
of employment Act, 1983 (Act No. 3 of 1983), for every group of up to 100 employees,
at least one person is readily available during normal working hours, who is in
possession of a valid certificate of competency in first aid, issued by: the SA Red Cross
Society, the St. Johns Ambulance, the SA First Aid League Or a person or organisation
approved by the Chief inspector for this purpose.
11. Incident Investigator
• Carry out investigations. This can be in addition to the health
and safety representative, and this person must also be appointed
in writing.
• An inspector may investigate the circumstances of any incident
which has occurred at or originated from a workplace or in
connection with use of plant or machinery which has resulted, or
in the opinion of the inspector has resulted, in the injury, illness
or death of any person in order to determine whether it is
necessary to hold a formal investigation in terms of section 32.
12. Fire Fighter
Duties
As per Occupational
Health and Safety Act
85 of 1993, a person
appointed as fire
fighter / member of
the firefighting team
your duties will
include, amongst
others, the following:
To assist the firefighting coordinator with the
identification of any hazards and measures for the
elimination, reduction or control of such hazards;
In case of a fire alarm being raised, to immediately
report to the firefighting coordinator, taking with you any
previously identified firefighting equipment;
To act strictly in accordance with any instructions given by
the firefighting coordinator to fight such fires until
this task can be taken over by the relevant emergency
services;
On arrival of the emergency services to withdraw from the
fire immediately and report back to the firefighting
coordinator; any further instructions, even from the
emergency services, will be channeled through and be
given to you by the firefighting coordinator.
13. Our Vision
We believe in making sure your loved ones return home
healthy and safe after work, by understanding your specific
needs and tailoring a comprehensive Health and Safety
solution, backed by qualified professionals providing legal
compliance, training, and management of incidents in the
workplace.
Our Mission
Achieving significant growth by developing
and continuously improving our capabilities and
delivering professional value-added services and
solutions to clients through sustainable relationships
and departmental goals.