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Becoming a safety representative or joining the safety committeeExperience has shown that where workers get involved in making sure their safety and health is protected, it is more successful in that workplace. Do you know that under the Safety, Health and Welfare at Work Act, 2005 you can put your name forward to be selected by your colleagues as their safety representative? You can also represent your department or division on the safety committee. Active worker engagement in safety and health reaps dividends for a company and ensures greater protection for all. What are the benefits?If workers see their company making progress on promoting safety and health, they will be motivated to do more to ensure compliance. The best way to get workers to follow safe work procedures is to get them involved in the development and review of those procedures. If workers feel that their opinions are valued and considered, they are much more likely to follow the processes when they are being implemented. After all it is the workers who are doing the jobs and they will know the work better than anyone. What are the legal requirements?Under Section 25 of the 2005 Act, all employees are entitled
to select a safety representative to represent them on safety and health matters with their employer. Section 26 of this Act requires the employer to consult with employees to ensure cooperation with preventing accidents and ill health and in turn the workers can consult with their employer. Section 26 sets out the arrangements for this consultation on a range of safety and health issues. Where a safety committee is already in existence, it can be used for this consultation process. Under
Regulation 23 of the Construction Regulations where more than 20 persons are employed at any one time on a construction site, the project supervisor for the construction stage must facilitate the appointment of a safety representative. What can a safety representative do?Section 25 of the 2005 Act entitles employees to decide on, select and appoint a safety representative or, by agreement with their employer, select more than one safety representative. These workers can represent their colleagues in consultations with their employer on matters of safety, health and welfare at their workplace.A safety representative does not have any duties, as opposed to functions, under the 2005 Act, other than those that apply to employees generally. Therefore, a safety representative who accepts a management proposal to deal with a safety or health issue, could not be held legally accountable for putting the proposal into effect. Overall functionA safety representative may consult with, and make representations to, the employer on safety, health and welfare matters relating to the employees in the workplace. The employer must consider these representations, and act on them if necessary. The intention of these consultations is to prevent accidents and ill-health, highlight problems and identify means of overcoming them. On construction sites where more than 20 employees are employed at any one time, the project supervisor for the construction phase must facilitate this consultation and any of the functions of safety representatives as set out below. Consultations are particularly important when changes are taking place, for example when a safety statement or safety and health plan is being drawn up, or new technology or work processes, including new substances, are being introduced. They also have a part to play in dealing with long-established work practices and hazards. Carrying out inspectionsSafety representatives, after giving reasonable notice to the employer, have
the right to inspect the whole or part of a workplace that they represent at a frequency or on a schedule agreed between them and the employer. These factors should be based on the nature and extent of the hazards. A safety representative also has the right to inspect immediately where an accident or dangerous occurrence has taken place, or where there is an imminent danger or risk to the safety, health and welfare of any person. Carrying out investigationsA safety representative may investigate accidents and dangerous occurrences in the workplace to find out the causes and help identify any necessary remedial or preventive measures. However, a safety representative must not interfere with anything at the scene of an accident. The safety representative cannot obstruct a Health and Safety Authority Inspector, from doing his/her investigation under occupational safety and health legislation. What else can a safety representative do?A safety representative may also:
Your role as a safety committee memberYour employer can use the safety committee as the way to consult with employees on safety and health matters under Section 26 of the 2005 Act. Details on how this should work are set out in Schedule 4 to the 2005 Act. The consultation must be made in advance and in good time, so as to allow employees time to consider, discuss and give an opinion on the matters before managerial decisions are made. Employers must consult their employees in good time on anything carried out in the workplace which can have a substantial effect on safety and health. Any type of work activity already covered by safety and health law is valid for discussion. Consultation must occur on:
What information and training must the safety representative and a safety committee member receive?Under Section 8 of the 2005 Act, an employer has the duty to provide information, instruction, training and supervision necessary to ensure, the safety, health, and welfare at work of their employees including safety representatives and safety committee members. In order for them to do their job they must have access to information on:
This information must be given to them, so they can fulfil their functions properly and play an informed part in preventing accidents and ill-health and promoting safety and health. The type of information will vary according to the hazards and risks involved. Since a properly informed safety representative or a safety committee can play an important role in preventing accidents and ill-health, it is in the employer’s interest to ensure that they are supplied with all relevant information. However, there are limited exceptions. An employer should not supply:
The business confidentiality rules that apply to any workplace, also apply to any information provided to safety representatives or the safety committee. In turn the Health and Safety Authority Inspector can give the following information to the safety representative:
Safety representatives and safety committee members are entitled to time off for training, without loss of earnings, so that they can acquire the knowledge to discharge their functions. The employer must provide this training. For construction site safety representatives, the employer employing the safety representative must provide the training. The Authority has set out a syllabus on what safety representatives and safety committee members must receive training on and it is set out in the publications listed below. Further ReferenceBeSMART.ieBeSMART.ie has information on safety representation in the workplace and links to helpful supports BeSMART.ie Safety Representative section How many employees do you need for a health and safety committee in Ontario?The committee must have at least four (4) members. Workplaces that require committees include: any workplace that regularly employs 20 or more workers [clause 9(2)(a)].
How many health and safety reps are required in a workplace in South Africa?One health and safety representative must be designated for every workplace consisting of more than 20 workers. Therefore, where only 19 workers are employed, it is not necessary to designate a representative. In the case of shops and offices, one representative must be designated for every 100 workers or part thereof.
Who is responsible for the safety of the workers?Who is responsible for health and safety in the workplace? The employer. However, that responsibility includes a number of specific responsibilities. But ensuring the employer lives up to their responsibility takes work.
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