SUMMATIVE ACTIVITY 2: PRACTICAL ACTIVITY – ESSAY
The duties of the employer and the function and duties of the SHE representative in terms of the Occupational Health and Safety Act, 85 of 1993.
The Occupational Health and Safety Act, 85 of 1993, came into effect on 1 January 1994. It is regarded as an important preventative Act because it describes all the measures that should be taken to prevent accidents and diseases. It also covers a wide range of topics, but its main objectives are to ensure that working conditions will be both healthy and safe for workers and for members of the local community that may be affected by the work activities.
According to the Occupational Health and Safety Act, 85 of 1993, it is a statutory duty on employers that all employers who employ 20 or more workers on any premises should appoint occupational health and safety representative to monitor the health and safety conditions. In accordance to section 8 employers are obligated to provide and maintain a workplace that is safe and without risk to the health of their employees; to comply with the provisions of the OHSA Act; eliminate or hazard before resorting to Personal Protective Equipment; not to permit employees to work unless precautionary measure are taken; ensure compliance with the Act on the premises; and inform employees of the scope of their authority.
The functions and duties of a SHE representative in accordance to section 17 and 18 of the Occupational Health and Safety is to review the effectiveness of health and safety measures; identify potential hazard and potential major incidents at the workplace; in collaboration with his or her employer, examine the causes of incidents at the workplace; investigate complaints by any employee’s health and safety at work; make representations to the employer or a health and safety committee on matters arising from his/her performance of the preceding functions; make representations to the employer on general matters affecting the health or safety of the employees at the workplace; inspect the workplace with a view to the health and safety of employees; participate in consultations with inspectors at the workplace and accompany inspectors on inspections of the workplace and in his or her capacity as a health and safety representatives attend meetings of the health and safety committee of which he or she is a member, in connection with any of the above functions ect.
In order for the SHE representative to perform his or her functions, he or she is entitled to visit the site of an accident at all reasonable times and attend any inspection in loco; attend any investigation or formal inquiry held in terms of the Act; and participate in any internal or safety audit.
In terms of section 18(4) of OHSA SHE representative have many right and power to engage their employers about health and safety. Nevertheless the employers is accountable to be compliant in terms of his or her duties or obligations to OHSA. A SHE representative is not civilly or criminally liable if he or she fails to carry out any of the functions or duties he or she has been given.