Health and Safety

Tinus Boshoff

Facilities assistance and training:

It is the employer’s duty to ensure that Representatives are properly empowered to perform their duties as health and safety representatives. Representatives must be trained during working hours.

Inspection intervals are not specified. Representatives have been given direct access to the inspectorate, are entitled to attend incident investigations and enquiries, inspect documents and participate in health and safety audits.

All appointed Health and Safety Representatives empowered to:

  • Conduct health and safety audits
  • Identify potential hazards, risks and dangers
  • Investigate incidents
  • Make recommendations regarding health and safety
  • Conduct inspections
  • Attend health and safety committee meetings

Functions of Representatives

Representatives may perform:

  • Review effectiveness of health and safety measures
  • Identify potential hazards and major incidents
  • Examine causes of incidents
  • Investigate complaints
  • Advise the committee and the employer

Representatives shall be entitled to:

  • Visit incidents sites and attend inspections
  • Attend any investigation or formal inquiry
  • Inspect any document related to health and safety matters
  • Accompany an inspector
  • Be accompanied by technical advisor if approved by the employer
  • Participate in internal audits

Liability:

A representative shall not incur any civil liability if he failed to do anything which he may do or is required to do.

Communicating with safety representatives:

Good communication is essential for the success of any safety, health and environmental system within an organisation. Proper and official channels should be created and maintained to ensure effective communication. The line manager or foreman should always encourage communication. This could be done by asking employees and safety representatives what hazards they are aware of. Toolbox talks, inspection lists and the use of suggestion box could be used during this process. Internal reports and complaints from workers could also be included and used for this purpose.


Self Evaluating Checklist (12)

Yes

No

Section 18(1) (j)

 

Are all health and safety representatives appointed as health and safety committee members?

 

 

Are your health and safety representative's functions specified on his/her appointment form?

 

 

Section 18(3)

 

Have all health and safety representatives received adequate training?

 

 

Are all health and safety representatives appointed as health and safety committee members?

 

 

Are your health and safety representative's functions specified on his/her appointment form?

 

 

 

For more information contact Tinus Boshoff

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                                         

 
 

Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

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