SHE REPRESENTATIVE

LEARNER GUIDE

LEARNER NAME & SURNAME: __________

LEARNER ID NUMBER: ________________

Module # 226302001-KM-01
NQF Level level 2
Notional hours 90
Credit(s) Cr 9
Curriculum Code 226302001
SAQA QUAL ID 99714
Qualification Title Occupational Certificate: Safety, Health and Quality
Practitioner (Occupational Health and Safety
Practitioner) : L5-256 credits

Basic Safety Solutions t/a Basic Safety and Training Solutions |

Email –basicsafetysolutions@[Link]
Website – [Link]
KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Contents
SECTION 1: KM-01-KT01: Roles and responsibilities of the Occupational Health and safety
representative as set out in the relevant legislation (Intermediate) (30%) .......................... 4
Learning Outcome ............................................................................................................. 4
1.1 Explain the purpose of the Occupational health and Safety representative .. 5
What is occupational health and safety? ............................................................. 5
Why is occupational health and safety important? .............................................. 6
What are health and safety representatives? ...................................................... 6
Role of the health and safety representative ....................................................... 7
The roles and responsibilities of elected health and safety representatives ........ 7
How many health and safety representatives must be designated? ................... 8
When must health and safety representatives be designated? ........................... 9
When must health and safety representatives perform their activities? .............. 9
What may health and safety representatives do? ............................................... 9
Health and safety audits ...................................................................................... 9
Identify potential dangers .................................................................................... 9
Investigate incidents.......................................................................................... 10
Make representations........................................................................................ 10
Attend committee meetings ............................................................................... 10
Facilities assistance and training:...................................................................... 11
All appointed Health and Safety Representatives empowered to:..................... 11
Safety-representative-inspection-list ................................................................. 11
1.2. Describe the process for appointing Occupational Health and safety
representatives .............................................................................................................. 14
Procedures for the nomination and election of health and safety representatives
.......................................................................................................................... 15
Terms of office, the procedures for removing health and safety representatives
and the way vacancies will be filled................................................................... 16
1.3 Explain the functions of the occupational Health and safety Committees ........ 16
Functions of health and safety committees ....................................................... 16
Committee’s duties:........................................................................................... 17
Who determines the procedure at the meeting? ............................................... 17
Liability: ............................................................................................................. 17
Record keeping: ................................................................................................ 18
What is the purpose of health and safety committees? ..................................... 18
When to form a committee ................................................................................ 18
Employer's duties .............................................................................................. 19
Record keeping ................................................................................................. 20
Formative assessment ...................................................................................... 22

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Learner Information:
Details Please Complete this Section
Name & Surname:
Organisation:
Unit/Dept:
Facilitator Name:
Date Started:
Date of Completion:

Copyright
All rights reserved. The copyright of this document, its previous editions and any annexures
thereto, is protected and expressly reserved. No part of this document may be reproduced,
stored in a retrievable system, or transmitted, in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise without the prior permission.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

SECTION 1: KM-01-KT01: Roles and responsibilities of the

Occupational Health and safety representative as set out in the
relevant legislation (Intermediate) (30%)

Learning Outcome

At the end of this section, learners should cover:

• KT0101 Explain the purpose of the Occupational health and Safety

representative: a. Functions as described in the legislation; b. Rights and duties of
the employer and employees regarding occupational health and safety; c.
Rights and powers of health safety representatives.
• KT0102 Describe the process for appointing Occupational Health and safety
representatives: a. Negotiation and consultation process; b. designation of the
working places; c. Qualification requirements of representatives; d. Election and
appointment of the representatives.
• KT0103 Explain the functions of the occupational Health and safety Committees:
a. Structure of the various committees; b. Rights and powers of the Occupational
Health and Safety committees; c. Legal obligation to support the work of the
committees. The importance of compliance with the relevant legislation

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

1.1 Explain the purpose of the Occupational health and Safety representative

What is occupational health and safety?

Occupational health and safety is a discipline with a broad scope involving many
specialized fields. In its broadest sense, it should aim at:
• the promotion and maintenance of the highest degree of physical, mental and
social well-being of workers in all occupations;
• the prevention among workers of adverse effects on health caused by their
working conditions;
• the protection of workers in their employment from risks resulting from factors
adverse to health;
• the placing and maintenance of workers in an occupational environment
adapted to physical and mental needs;
• the adaptation of work to humans.
In other words, occupational health and safety encompasses the social, mental and
physical well-being of workers, that is the “whole person”.

Successful occupational health and safety practice requires the collaboration and
participation of both employers and workers in health and safety programmes, and
involves the consideration of issues relating to occupational medicine, industrial
hygiene, toxicology, education, engineering safety, ergonomics, psychology, etc.
Occupational health issues are often given less attention than
occupational safety issues because the former are generally more difficult to
confront. However, when health is addressed, so is safety, because a healthy
workplace is also a safe workplace. The converse, though, may not be true - a so-
called safe workplace is not necessarily also a healthy workplace. The important point
is that issues of both health and safety must be addressed in every workplace. By and
large, the definition of occupational health and safety given above
encompasses both health and safety in their broadest contexts.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Why is occupational health and safety important?

Work plays a central role in people's lives, since most workers spend at least eight hours
a day in the workplace, whether it is on a plantation, in an office, factory, etc.
Therefore, work environments should be safe and healthy. Yet this is not the case for
many workers. Every day workers all over the world are faced with a multitude of
health hazards, such as:
• dusts;
• gases;
• noise;
• vibration;
• extreme temperatures.
Unfortunately, some employers assume little responsibility for the protection of workers'
health and safety. In fact, some employers do not even know that they have the
moral and often legal responsibility to protect workers. Because of the hazards and a
lack of attention given to health and safety, work-related accidents and diseases are
common in all parts of the world.

What are health and safety representatives?

They are full-time workers nominated or elected and designated in writing by the
employer after the employer and workers consulted one another and reached an
agreement about who will be health and safety representatives. Further they must at
least be familiar with the circumstances and conditions at that part of the workplace
for which they are designated. Agreement must also be reached on the period of
office and functions of the health and safety representative and must be settled
amongst the employer and the workers.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Role of the health and safety representative

Health and safety

representative

As a health and safety representative, it is important for you to know the workers'
rights given by your country's health and safety legislation. Try to get a copy of the
legislation and familiarize yourself with it. Other steps to help you reach goals
towards creating, strengthening and using legislation are:
1. Work with your union to put pressure on the government to adopt or improve
existing health and safety legislation. This should include provisions for adequate
and effective enforcement.
2. Educate your co-workers about their rights under the law.
3. Work with your co-workers to identify limitations in your health and safety
legislation. Develop strategies (short-term or long-term) for overcoming the
limitations.
4. Develop and use check-lists to identify areas in the workplace that are out of
compliance with existing regulations.
5. Use collective bargaining to work toward more immediate improvements in
working conditions.
6. Work with the union and the employer to correct health and safety problems. If
your employer is unwilling to comply with existing regulations, then contact the
local factory inspectorate and request assistance.

The roles and responsibilities of elected health and safety representatives

Section 18 of the Occupational Health and Safety Act defines the functions of Health
and Safety Representatives as follows:

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

• To identify health and safety hazards and potential dangers in the workplace;
• To investigate workers' health and safety complaints;
• To ensure that health and safety hazards are properly controlled;
• To review the precautionary measures that are in place;
• To identify the causes of accidents and incidents;
• To inspect workplaces and report unsafe and unhealthy conditions;
• To attend health and safety committee meetings;
• To make health and safety recommendations to the employer or to an inspector
from the Department of Labour;
• To access relevant information from the employer;
• To accompany the Department of Labour inspectors on their inspections;
• To undergo health and safety training during working hours;
• With employer's permission, to invite technical experts to take part in workplace
inspections; and
• To participate in internal health and safety audits.

How many health and safety representatives must be designated?

A representative must be designated for every workplace consisting of 20 or more

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. For example, one representative
must be designated in the case of 21 to 100 workers. But two representatives must be
designated where 101 to 200 workers are employed, etc.

In the case of other workplaces, one representative must be designated for every 50
workers or part thereof. For example, one representative must be designated in the
case of 21 to 50 workers. But two representatives must be designated where 51 to 100
workers are employed.

Depending on circumstances, an inspector may require the designation of more

representatives, even in the case where the number of workers is less than 20. For

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

example, the layout of a plant may be of such a nature that the designation of only
one representative for 50 workers is insufficient. The inspector may then require the
designation of more representatives. However, if the employer and workers so agree,
more than the prescribed number of representatives may be designated.

When must health and safety representatives be designated?

Within four months after the commencement of the employer's business. An employer
with more than 20 workers, whose business is operative for less than four months, does
not have to designate representatives. In the case where, for example, seasonal
workers are employed on farms, causing the number of workers to exceed 20 for a
period less than four month, the designation of representatives is also not necessary.

When must health and safety representatives perform their activities?

All activities regarding the designation, function and training of representatives must
be performed during normal working hours.

What may health and safety representatives do?

Health and safety representatives are entitled to do the following:

Health and safety audits

Representatives may check the effectiveness of health and safety measures by

means of health and safety audits.

Identify potential dangers

Representatives may identify potential dangers in the workplace and report them to
the health and safety committee or the employer.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Investigate incidents

Representatives may together with the employer investigate incidents, investigate

complaints from workers regarding health and safety matters, and report about it in
writing.

Make representations

Representatives may make representations regarding the safety of the workplace to

the employer or the health and safety committee or, where the representations are
unsuccessful, to an inspector.

Attend committee meetings

Representatives may attend health and safety committee meetings. The health,
safety and environmental safety representatives' roles and responsibilities are
implemented consistent with the relevant legal, regulatory, sector and workplace
standards and practices.

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?

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

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

Safety-representative-inspection-list

Frequency: Monthly
Date issued: ……/……/2024 Target for ……/…../2024
completion:
Inspector:
Department:
Location:

Nr Yes No Remarks
BUILDINGS
1 Clean and in good state of repair
2 No broken windows, doors or other
openings?
FLOORS
3 Clean and free from slippery
substances

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

4 No tripping or other obstruction

hazards?
5 No holes, unevenness or structural
damage?
VENTILATION
6 Sufficient natural or artificial
ventilation?
7 All fans in working order?
8 Free from any dangerous gasses,
dust, smoke etc.?
LIGHTING
9 Sufficient natural or artificial
lighting?
10 All lights in working order?
11 No straining glares or contrasts?
12 No dark or shadowy spots?
POLLUTION
13 Adequate disposal system?
14 No air pollution?
15 Complying with all disposal
standards and procedures?
HYGIENE
16 All toilets, urinals and change rooms
clean and hygienic
17 Kitchens & eating places clean and
hygienic?
18 No eating in places not so
indicated?
DEMARCATION
19 Aisles and passageways
demarcated?
20 Access and exit routes
demarcated?
21 Fire equipment demarcated?
22 Electrical switchgear demarcated?
23 All demarcation lines clear and
visible?
HOUSEKEEPING
24 Working area clean and tidy at all
times?
25 Yard tidy and clean?

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Health and safety representative as set out in the relevant
legislation

26 No redundant materials
27 Adequate storing space?
28 Stacking safe?
29 No obstruction in aisles?
30 Cupboards and shelves tidy and
clean?
REFUSE AND WASTE
31 Adequate refuse bins and removal
system?
32 Separate bins for specific materials
as prescribed?
COLOUR CODING
33 All pipe work colour coded?
34 All electrical apparatus colour
coded?
35 Hazardous machine parts colour
coded?
36 Uniform colour coding system
throughout?
MACHINE GUARDING
37 All hazardous machine parts
adequately guarded?
38 All guards in good state of repair?
39 All guards in place and used
according prescriptions?
ELECTRICAL SUPPLY AND
EQUIPMENT
40 No installation defects
41 Regular inspections as prescribed?
42 No abuse?
EMERGENCIES
43 First Aid Boxes in place,
demarcated, secured?
44 First Aid Boxes contents, correct?
45 First Aiders trained with valid
certificates?
46 Emergency Procedure understood
by all and displayed?
47 Alarm System working?
38 All guards in good state of repair?

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

39 All guards in place and used

according prescriptions?
ELECTRICAL SUPPLY AND
EQUIPMENT
40 No installation defects
41 Regular inspections as prescribed?
42 No abuse?
EMERGENCIES
43 First Aid Boxes in place,
demarcated, secured?
44 First Aid Boxes contents, correct?
45 First Aiders trained with valid
certificates?
46 Emergency Procedure understood
by all and displayed?
47 Alarm System working?
44 First Aid Boxes contents correct?
45 First Aiders trained with valid
certificates?
46 Emergency Procedure understood
by all and displayed?
47 Alarm System working?

1.2. Describe the process for appointing Occupational Health and safety
representatives

Eligibility criteria for employees who are nominated for election as health and safety
representatives
• All employees nominated and seconded by the employees in the workplace
must be eligible for designation as health and safety representatives for that
workplace or section.
• All health and safety representatives are to be nominated and elected by
employees in their constituency.
• The employer will nominate the management delegates to the health and safety
committee.

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Health and safety representative as set out in the relevant
legislation

• Language, educational qualifications and gender may not be used as reasons

for excluding an employee from being nominated and elected as a health and
safety representative.

Procedures for the nomination and election of health and safety

representatives

• Once agreement has been reached on the delimitation and demarcation of

constituencies within workplaces, the trade union(s) concerned shall be given
access to the employer’s premises to conduct the health and safety
representatives’ elections.
• The trade union(s) shall inform the employer 7 days in advance of their intention
to conduct health and safety representatives’ elections.
• Such access shall allow the trade union representatives 3 hours per workplace to:
• Explain the role and duties of elected health and safety representatives,
• Explain the agreement reached between the trade unions and the employer
regarding the demarcation of the constituencies in that workplace,
• Identify the health and safety committees on which these elected
representatives will meet with management representatives,
• To receive nominations and to conduct the elections for the constituencies of
that workplace.
• The employer may appoint representatives to observe and monitor the elections
and the counting of votes/ballot.
• Nominations and elections of H&S Reps should as far as practically possible
coincide with the election of shop stewards
• All Health and Safety Representatives are to be nominated and elected by those
employees in a constituency who are not eligible to be appointed by
management to represent the employer in the health and safety committee.
• All employees working within the specific section or constituency have the right
to take part in the nomination and election process.
• Whenever there is more than one nomination for the election of a health and
safety representative, employees in that constituency are to decide whether
they will conduct the election by ballot or by show of hands.

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 KM-01-KT01: Roles and responsibilities of the Occupational
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legislation

Terms of office, the procedures for removing health and safety representatives
and the way vacancies will be filled

• The elected health and safety representative will hold office for four years.
• Only those employees who elected the health and safety representative may
recall the health and safety representatives if they believe that she/he has failed
to carry out her/his duties.
• Health and safety representatives shall vacate office when:
• The term expires, provided that new elections take place not earlier than 3
months before the term of office expires and not later than 3 months after the
elections are due.
• On termination of employment.
• On resigning as an elected health and safety representative.
• On leaving the constituency due to an alternative appointment or promotion.
• On leaving the constituency due to a transfer in terms of the conditions of
employment.
• On receipt of a petition signed by at least 20% of the workforce of the
constituency indicating their demand for the replacement of the health and
safety representative.
• The trade unions’ representatives and the employer must meet within 10 working
days of receiving notification of an elected health and safety representative
vacating her/his position, or of employees petitioning for the re-call of an elected
health and safety representative, to arrange for the nomination and election of
a replacement health and safety representative.

1.3 Explain the functions of the occupational Health and safety Committees

Functions of health and safety committees

Full consultation with the committee on all aspects of the health and safety
programme is very important. All matters referred to the committee from either the
employees or the health and safety representatives must be dealt with in a sufficient
and formal manner. The employer must provide a suitable meeting place for
committee meetings.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Committee’s duties:

• They may make and keep records of recommendations to employers and

inspectors;
• Where these recommendations do not lead to solving the matter, the committee
may make recommendations to an inspector.
• Shall discuss, report and keep records of incidents in which someone is killed,
injured, or becomes ill
• Shall discuss incidents, injuries, illness, DEATH AND MAY REPORT ON AN INCIDENT
IN WRITING TO INSPECTOR
• Shall perform functions as prescribed
• Shall keep records of recommendations (3 years)

Who determines the procedure at the meeting?

The members of the committee elect the chairperson and determine his or her period
of office, the meeting times, the place of the meeting, procedures, etc.

May health and safety committees consult experts for advice?

Committees may co-opt people as advisory members for their knowledge and
expertise on health and safety matters. However, an advisory member does not have
the right to vote.

Liability:

The committee or a member shall not incur any civil liability if they failed to do
anything which they may do or is required to do.

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 KM-01-KT01: Roles and responsibilities of the Occupational
Health and safety representative as set out in the relevant
legislation

Record keeping:

GAR 5 stipulates those records of meetings needs to be kept for a period of at least 3
years.

Self-Evaluating Checklist (14) Yes No

Section 20
Do you have a constitution?
Section 20(1) (a)
Do you have equal or more health and safety representatives on the
committee than employer nominees?
Are the Chief Executive Officer and other legally appointed persons
involved in the health and safety committee activities?
Does your committee have a procedure for reporting
recommendations to the employer?
Section 20(2)
Does the employer comment and sign the recommendations of all
health and safety committee meetings?
Are written records and recommendations kept for at least three
years?
Does your health and safety committee discuss all reportable and
recordable incidents as well as diseases, as a fixed agenda item?

What is the purpose of health and safety committees?

Members meet to initiate, promote, maintain and review measures of ensuring the
health and safety of workers.

When to form a committee

One or more health and safety committee(s) must be established when employers
have appointed two or more health and safety representatives or when inspectors
from the Department of Labour instruct the employers to do so. Based on Legislation
in section 19, of the Occupational Health and Safety Act

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Health and safety representative as set out in the relevant
legislation

Employer's duties

The employer should decide on the number of health and safety committee
members. In other words, the number of persons that would form part of the
committee is left to the discretion of the employer, the so called ''self-regulation
principal'' applies.

It is Important to note that the number of employer nominees (persons other than
health and safety representatives) may not exceed the number of health and safety
representative acting on the committee. The intention of the legislator is to have a
balance between the number of representatives and any other persons acting on the
committee. The employer must consult with the committee with a view to initiate,
develop, promote, maintain and review measures to ensure the health and safety of
his employees at work.

The employer needs to appoint committee members - in writing - for specified

period. Please note that this is a compulsory legal appointment, basically the same as
the appointment of the health and safety representative for the workplace. The
employer should also ensure that committees conduct formal meetings at least once
every 3 months and that the committee complies with the prescriptions of the Act.

Based on Legislation in section 19, of the Occupational Health and Safety Act. The
employer must provide a suitable meeting place for committee meetings. Based on
Legislation in section 20, of the Occupational Health and Safety Act

Committee's duties
• Committees must make and keep records of recommendations to employers
and inspectors;
• Where these recommendations do not lead to solving the matter, the committee
must make recommendations to an inspector.
• Shall discuss, report and keep records of incidents in which someone is killed,
injured, or becomes ill

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Health and safety representative as set out in the relevant
legislation

• Shall discuss incidents, injuries, illness, death and must report on an incident in
writing to an inspector
• Shall perform their functions as prescribed
• Shall keep records of recommendations (for a minimum period of at least 3
years)

Who determines the procedure at the meeting?

There are no prescriptions pertaining to the matter. This is left to the discretion of the
employer. Members of the committee normally elect the chairperson and determine
his or her period of office, the meeting times, the place of the meeting, procedures
etc.

May health and safety committees consult experts for advice?

Yes, committees may co-opt people as advisory members for their knowledge and
expertise on health and safety matters. However, an advisory member does not have
the right to vote.

Liability
The committee or a committee member shall not incur any civil liability if the
committee or he/ she failed to do anything which the committee or he/ she may do
or is required to do. Based on Legislation in section 20, of the Occupational Health
and Safety Act

Record keeping
Records of meetings need to be kept for a period of at least 3 years.
Based on Legislation in GAR 5, of the Occupational Health and Safety Act.

Procedures for establishing Health and Safety Committees and representation in

these structures
• No health and safety committee structure shall exclude representation of
elected health and safety representatives and trade union representatives.

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Health and safety representative as set out in the relevant
legislation

• Health and Safety Committees shall include the elected health and safety
representatives of any sub-contractor contracted to undertake work or provide
services in the workplace.
• Where there are two or more elected health and safety representatives, a health
and safety committee must be established.
• A health and safety committee may include one or more constituencies.
• No elections of health and safety representatives will take place in any
workplace without the employer and the trade unions agreeing as to which
health and safety committee the nominated person/s will form part of.
• Management representatives may not exceed the number of elected health
and safety representatives in a health and safety committee.
• Where there is more than one health and safety committee operating in a
workplace or section of a workplace, then there must also be a coordinating
health and safety committee with representation from each of the existing
health and safety committees in that workplace.

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Health and safety representative as set out in the relevant
legislation

Formative assessment

• KT0101 Explain the purpose of the Occupational health and Safety

representative: a. Functions as described in the legislation; b. Rights and
duties of the employer and employees regarding occupational health and
safety; c. Rights and powers of health safety representatives.

• KT0102 Describe the process for appointing Occupational Health and safety
representatives: a. Negotiation and consultation process; b. designation of the
working places; c. Qualification requirements of representatives; d. Election
and appointment of the representatives.

• KT0103 Explain the functions of the occupational Health and safety

Committees: a. Structure of the various committees; b. Rights and powers of
the Occupational Health and Safety committees; c. Legal obligation to
support the work of the committees. e. The importance of compliance with the
relevant legislation

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