A SHE rep (safety, health and environment representative) is the “health and safety representative” in section 17 of the Occupational Health and Safety Act 85 of 1993. An employer with more than 20 employees at a workplace must designate health and safety representatives in writing, for a specified period, within four months of starting business or of the headcount passing 20.
The appointment is a legal requirement, not good practice, and it is an employee function. Representatives are designated after consultation with employees, and the employer’s own duties do not transfer to them. The Act is available from gov.za; the Department of Employment and Labour administers it.
Business Requirements at a Glance
Under section 17 of the Act:
- Employers with more than 20 employees at a workplace must designate health and safety representatives in writing for a specified period
- You need at least one representative for every 100 employees (or part of 100) in shops and offices, and at least one for every 50 employees (or part of 50) in all other workplaces
- Only full-time employees at that workplace who are acquainted with its conditions and activities are eligible
- Employer and employees (or their representatives) must consult in good faith on nomination or election, period of office and designation
- Where two or more representatives are designated at a workplace, the employer must establish a health and safety committee
Registration and Legal Requirements
If employer and employees cannot agree on the arrangements, an inspector arbitrates and the decision is final. An inspector can also direct an employer to designate more representatives, including at a workplace with 20 or fewer employees, so a small workplace is not automatically outside the system.
Representatives’ activities, including their designation, functions and training, take place during ordinary working hours, and the time counts as time at work. A representative incurs no civil liability merely for failing to do something he or she may do or is required to do.
Documents and Ownership Information Required
The key document is the written designation. It should state the period of designation and the workplace covered. Keep it on file, with records of training and of issues raised and addressed, so you can show compliance if an inspector asks.
Tax, Licence and Compliance Requirements
The employer must provide the facilities, assistance and training the representative reasonably requires and as agreed (section 18(3)). Contact the Department of Employment and Labour for the content and length of any training it expects.
SHE rep duties and responsibilities are set by section 18(1), which lists the functions of a representative. Representatives may:
- Review the effectiveness of health and safety measures
- Identify hazards and potential major incidents at the workplace
- Examine the causes of incidents with the employer
- Investigate complaints by employees about health and safety
- Make representations to the employer, the committee or an inspector
- Inspect the workplace at agreed intervals
- Take part in consultations with inspectors and attend committee meetings
Section 18(2) adds that a representative may visit the site of an incident, attend investigations, inspect required documents, accompany inspectors, bring a technical adviser with the employer’s approval and take part in internal audits.
Process, Deadlines and Ongoing Obligations
Consult employees, designate representatives in writing, train them and give them time to do the work. Health and safety committees must meet at least once every three months.
Employer duties under the Act sit alongside the representatives’ role and are not transferred by appointing them. The employer remains responsible for a safe workplace. The copy of the Act above is the 1993 gazette text, so check the Department’s current consolidation for amendments.
Frequently Asked Questions
When must I appoint a SHE rep?
When you have more than 20 employees at a workplace. Designate within four months of starting business or of the headcount exceeding 20.
How many SHE reps do I need?
At least one for every 100 employees (or part) in shops and offices, and one for every 50 (or part) in other workplaces.
What are a SHE rep’s duties and responsibilities?
They review safety measures, identify hazards, examine the causes of incidents, investigate complaints, make representations to the employer or an inspector, inspect the workplace at agreed intervals and attend committee meetings and inspector visits. The employer must give them facilities, assistance and training.
Can a manager be a SHE rep?
The Act describes representatives as full-time employees of the workplace designated after consultation with employees. It is an employee function, so ask the Department of Employment and Labour before designating a manager.
Does appointing a rep transfer my duties?
No. The employer stays responsible for a safe workplace.
Do I need a health and safety committee?
Yes, where two or more representatives are designated at a workplace. It must meet at least once every three months.
Confirm current obligations with the Department of Employment and Labour. See business and compliance requirements and the company registration requirements.