Workplace safety is a fundamental right for employees, and in South Africa, one of the key figures responsible for maintaining a healthy and safe working environment is the Health, Safety, and Environmental Representative known as a (SHE Rep). The appointment of a SHE Rep is mandated by the Occupational Health and Safety Act (OHSA) 85 of 1993.
This article explores the role of a SHE Rep, their responsibilities, the appointment process, and the legal framework governing their duties.
What is a SHE Rep?
A SHE Rep is an employee elected or appointed to represent workers in matters related to occupational health, safety, and environmental concerns. Acting as the liaison between employees and management, they play a critical role in ensuring that workers are compliant with health and safety regulations, identifying hazards, and conducting inspections to prevent workplace injuries.
According to Section 17 of the OHSA, the appointment of SHE Reps is legally required in any workplace with more than 20 employees. These representatives are crucial in identifying potential risks, investigating accidents, and promoting health and safety strategies to create safer workspaces.
Legal Framework for SHE Reps
The Occupational Health and Safety Act places the primary responsibility of creating a safe working environment on employers. However, SHE Reps serve as the eyes and ears on the ground, ensuring safety measures are implemented effectively. Section 18 of the OHSA outlines the specific duties and powers of a SHE Rep, including their authority to conduct inspections, report hazards, and review safety incidents.
Employers are required to provide adequate training, resources, and support for SHE Reps to ensure they can carry out their duties. Furthermore, the Act emphasizes the need for SHE Reps to be familiar with workplace conditions, risks, and hazards.
Who is Eligible to Be a SHE Rep and How Many Are Needed?
Per Section 17(4) of the OHSA, candidates for the SHE Rep role must be full-time employees who are familiar with the specific conditions, risks, and activities of their work environment. They must be nominated or elected, not arbitrarily appointed by employers. The appointment must also be properly documented, and the duration of their role agreed upon by both the employer and the representative.
In general industry, one SHE Rep is required for every 50 employees, while in shops and offices, the ratio is one representative for every 100 employees.
How Does the Appointment Process Work?
The appointment process is defined by the General Administrative Regulations Section 6 of the OHSA. Employers must consult with registered trade unions during the nomination or election of a SHE Rep. In cases where no trade unions are present, employers must directly engage with employees. The appointment process includes:
Determining the nomination or election process.
Defining the terms of office and procedures for removal due to underperformance.
Establishing procedures for filling vacancies.
Outlining the duties of the SHE Rep, as specified in the OHSA.
Providing facilities, training, and support necessary for fulfilling their duties.
Responsibilities of a SHE Rep
The duties of a SHE Rep are broad and essential to fostering a safe work environment. Key responsibilities include:
1. Monitoring Workplace Safety:
SHE Reps regularly assess workplace conditions to ensure compliance with safety standards. They conduct inspections to identify potential hazards, such as faulty equipment or unsafe working conditions, and recommend corrective actions.
2. Reporting Hazards:
A critical task is reporting hazards or unsafe conditions to management or the health and safety committee. It is the employer’s responsibility to act on these reports to prevent injuries or accidents.
3. Investigating Incidents:
SHE Reps investigate workplace incidents to identify the causes and propose measures to prevent future occurrences. This involves reviewing accident reports, examining the scene, and gathering relevant information to recommend improvements.
4. Promoting Health and Safety Awareness:
SHE Reps are responsible for educating employees about safety protocols and encouraging the use of personal protective equipment (PPE). By raising awareness, they foster a safety-conscious culture that minimizes risks.
5. Liaising with Health and Safety Committees:
In workplaces with over 20 employees, a health and safety committee must be established. SHE Reps act as key contributors, sharing insights from their inspections and reporting any concerns.
6. Ensuring Compliance with Legal Requirements:
SHE Reps ensure that all safety measures, such as fire extinguishers and first aid kits, are properly maintained and that emergency procedures are clear. They verify that employees have access to appropriate PPE and that safety signage is in place.
Rights and Protections of a SHE Rep
SHE Reps are entitled to certain rights, including:
Site Visits: They can visit the site of an incident at reasonable times.
Document Inspection: They are permitted to inspect documents related to workplace safety.
Technical Assistance: With employer approval, they can be accompanied by a technical adviser during inspections.
Training Requirements: All activities related to their role must be conducted during normal working hours, and employers are responsible for providing necessary training.
Moreover, under Section 18(4) of the OHSA, SHE Reps are protected from civil liability for actions taken in good faith while performing their official duties.
Importance of SHE Reps in the Workplace
SHE Reps play a pivotal role in promoting a safe work environment. By acting as the bridge between workers and management, they ensure that safety concerns are promptly addressed, and workplace risks are minimized. Their proactive involvement in safety training, incident investigations, and inspections not only prevents accidents but also creates a safety-first culture within the organisation.
Employers must acknowledge the importance of SHE Reps by providing them with the necessary support, resources, and training. Additional courses, such as Incident Investigation and Hazard Identification and Risk Assessment (HIRA), can further equip them to handle their responsibilities effectively.
The role of a SHE Rep is crucial to maintaining workplace safety in South Africa. Through their continuous monitoring, hazard reporting, and promotion of health and safety awareness, SHE Reps ensure that businesses comply with the Occupational Health and Safety Act. This ultimately leads to reduced workplace injuries and a safer, more productive environment for all.
By supporting the role of the SHE Rep and ensuring they have access to proper training and resources, employers can cultivate a culture of safety, benefiting both employees and the business.
The role of a SHE Rep is integral to ensuring workplace safety and health in South Africa. By acting as a crucial link between employees and management, SHE Reps facilitate effective communication regarding safety concerns and foster a culture of proactive risk management. Their responsibilities, which include monitoring safety standards, reporting hazards, and promoting awareness, are vital for creating a safe working environment.
The legal framework established by the Occupational Health and Safety Act empowers SHE Reps to carry out their duties effectively, ensuring compliance with safety regulations and the well-being of all employees. By providing adequate support, training, and resources to SHE Reps, employers not only fulfill their legal obligations but also demonstrate a commitment to the health and safety of their workforce.
Ultimately, the continuous engagement and support of SHE Reps lead to a safer workplace, reduced incidents of injury, and increased productivity. By investing in the role of SHE Reps, organisations can cultivate a robust culture of safety that benefits both employees and the business as a whole.
