A Health and Safety Representative appointment letter is an important document that must be drafted in line with legal requirements, signed by the appointee and the Health and Safety Supervisor (or an appropriate member of management), and kept on file for a minimum of two years.
In this article, we’ll unpack the key requirements of an appropriate Health and Safety Representative appointment letter.
Are Health and Safety Representative appointment letters a legal requirement under the OHS Act?
The Occupational Health and Safety (OHS) Act 85 of 1993 states that Health and Safety Representatives must be formally appointed in writing. For this reason, it is a legal requirement to draft an appointment letter that includes key elements, such as the appointee’s name and work area, the appointment duration, a clear and comprehensive list of duties and responsibilities, and the signatures of both the appointee and the Health and Safety Supervisor (or other member of management should the company not have an appointed Health and Safety Supervisor).
How many Health and Safety Representatives should be appointed?
The OHS Act stipulates that any organisation employing more than 20 people must appoint a Health and Safety Representative. Thereafter, the company is obliged to appoint additional Representatives at a ratio of one Rep per 100 employees (1:100) for shops and offices, and one Rep per 50 employees (1:50) for all other workplaces.
How are Health and Safety Representatives elected?
Health and Safety Representatives must be nominated and elected by their fellow employees – not by management alone. To legally appoint a Health and Safety Representative, follow the employee nomination process outlined below:
- Inform all employees about the need to appoint a Health and Safety Representative to represent their health and safety interests
- Allow employees to nominate a colleague for the position (this can be done via a digital or printed form)
- Verify that the nominated employees are willing to be trained and appointed
- Elect the Health and Safety Representative by means of a fair, confidential voting process
- Formally appoint the Health and Safety Representative for a specified time period by means of a signed appointment letter
Essential elements of a Health and Safety Representative appointment letter:
Health and Safety Team Designation:
Health and Safety Team appointment letters should clearly state the designated role and title, which in this case is ‘Health and Safety Representative’.
Appointee’s Full Name:
Be sure to state the appointee’s full name.
Appointee’s Work Area/Location:
The Health and Safety Representative appointment letter should indicate the specific work area or location that the appointee is responsible for.
Name of Health and Safety Supervisor:
If applicable, include the name of the Health and Safety Supervisor to whom the Health and Safety Representative will report.
Company Details:
The Health and Safety Representative appointment letter should be printed on a company letterhead displaying the company’s name, physical address, contact details, and logo.
Appointment Duration:
The OHS Act states that Health and Safety Representatives must be appointed in writing for a specified time period. As such, the appointment letter must clearly state the duration of the appointment, which is usually a period of two years (and in line with the validity period of their Health and Safety Representative training certificate).
List of Functions and Responsibilities:
It is vital that an appointment letter clearly lists the functions and tasks that the appointee is responsible for to ensure that the appointee is fully aware of what is expected of them.
The following list of functions can be amended to suit your company’s health and safety objectives:
- Assist in reviewing the effectiveness of health and safety systems and procedures in your area of responsibility.
- Participate in any internal health and safety audits being conducted at the workplace.
- Ensure that all injuries within your area are reported to management by the end of the shift or day.
- Investigate and examine the causes of incidents and attend formal inquiries.
- Investigate complaints by any employee relating to that employee’s health and safety at work.
- Attend formal Health and Safety Committee meetings as required by your workplace.
- Review health and safety-related matters within the Health and Safety Committee meetings.
- Inform and advise employees of appropriate health and safety issues raised in the meetings.
- Where possible, prevent employees from conducting unsafe acts.
- Monitor and maintain safety equipment and PPE and report concerns to management.
- Ensure that formal monthly or quarterly inspections (depending on the risk profile of the workplace) are carried out in all areas and that the findings are recorded on a check sheet and forwarded to the Health and Safety Committee, the Chairperson, or an OHS Supervisor.
- Assist in the enforcement of health and safety discipline in the interest of safety in the workplace.
- Ensure that work is performed, or machinery is used, under the general supervision of a person who has the knowledge, experience, and competency necessary to identify dangers involved with the performance of such work or the use of such machinery.
- Assist in making all employees conversant with the hazards to their health and safety while at work.
Signatures:
The Health and Safety Representative appointment letter must be signed by the appointee and either the Health and Safety Supervisor, Health and Safety Committee Chairperson, or other appropriate member of management.
Documentation:
All Health and Safety Team appointment letters, including Health and Safety Representative appointment letters, should be stored in your company’s safety file for a minimum of two years (which is in line with the validity period of their training certificate).
Do Health and Safety Representatives need training?
Yes, Health and Safety Representatives should undergo accredited training to enable them to understand and carry out their functions and responsibilities effectively. Health and Safety Representative training is presented as a one-day course and covers important sections of the OHS Act, functions of Health and Safety Representatives, how to conduct health and safety inspections, how to investigate incidents, how to identify hazards and control risks, and health and safety signage requirements.
Contact us to find out more about our fully accredited Health and Safety Representative course or book your spot now.
