How is a safety representative appointed? A South African guide
· Compliance · 6 min read
When a workplace needs health and safety representatives, how many, who qualifies and how to appoint them under Section 17 of the OHS Act. For SA employers.
If more than 20 people work at your workplace, you must designate health and safety representatives in writing, for a set period. You need at least one for every 50 employees or part thereof, or one for every 100 in a shop or office. Before you choose anyone, you must consult your employees on how it will be done.
That is the short answer. This guide walks through each step, who is eligible, what the representative does and how to keep your records in order.
When must you appoint a safety representative?
The duty sits in Section 17 of the Occupational Health and Safety Act 85 of 1993. It applies to every employer with more than 20 employees at a workplace. The Act sets the timing. You must designate representatives within four months of commencing business, or from the time your headcount goes above 20.
Three points catch employers out:
- It is counted per workplace. The threshold is 20 employees at a workplace, and representatives can be designated for the whole workplace or for different sections of it.
- Employees away from base count at their home site. Employees who work somewhere other than where they ordinarily report for duty are treated as working at the place where they report.
- Below 20 is not a free pass. An inspector who believes the number is inadequate can direct you in writing to designate representatives, even at a workplace with 20 or fewer employees.
How many safety representatives do you need?
The minimum depends on the type of workplace:
| Workplace | Minimum representatives |
|---|---|
| Shop or office | 1 for every 100 employees or part thereof |
| All other workplaces (factory, warehouse, site, depot) | 1 for every 50 employees or part thereof |
"Or part thereof" means the count rounds up. A warehouse with 51 employees needs two. A shop with 101 employees needs two.
| Employees at the workplace | Factory, warehouse or site | Shop or office |
|---|---|---|
| 21 to 50 | 1 | 1 |
| 51 to 100 | 2 | 1 |
| 101 to 150 | 3 | 2 |
| 151 to 200 | 4 | 2 |
If you run shifts, one representative per shift is good practice. The Act does not require it, but a representative who is never on duty cannot do the job. Treat the table as a floor, and add representatives where your risk is higher.
How is a safety representative appointed, step by step?
The Act sets the procedure. Follow it in this order.
- Count employees per workplace. Use the number at each workplace, including each branch or depot.
- Consult in good faith. Section 17(2) requires you to consult recognised employee representatives, or the employees themselves where there are none. Cover the arrangements and procedures for nomination or election, the period of office and later designations.
- Agree the method. Nomination by the workforce, an election, or a mix. Write down what was agreed.
- Check eligibility. Only full-time employees who know the workplace or section can be designated (see the next section).
- Designate in writing for a specified period. The letter should name the person, the workplace or section, and the start and end dates.
- Arrange training and time. Activities connected with designation, functions and training must happen in ordinary working hours.
- Keep the records. File the letter, the signed acceptance and the training certificate in your safety file.
If consultation fails, the Act sends the matter to arbitration by a person you and the employees' representatives agree on. If you cannot agree on an arbitrator within 14 days, the Act lays down a further route for having one designated. That decision is final.
Our legal appointments pack includes a health and safety representative appointment letter and an acceptance of appointment form you can customise.
Who is eligible to be a safety representative?
Section 17(4) is short. Only employees "employed in a full-time capacity at a specific workplace" who are "acquainted with conditions and activities at that workplace or section thereof" can be designated.
In practice that means:
- Full-time employees only. One industry commentator reads this as excluding contract workers, and says so in a 2014 article. Take advice if you rely on casual or contract labour.
- Someone who knows the floor. A person who has worked in the section understands its hazards. A head-office manager usually does not.
What does a safety representative actually do?
Section 18 lists what a representative may do in the area they were designated for:
- Review how well the health and safety measures work.
- Identify potential hazards and potential major incidents.
- Examine the causes of incidents together with the employer.
- Investigate employee complaints about health or safety at work.
- Make representations to the employer or a health and safety committee, and to an inspector if those fail.
- Inspect the workplace, including articles, substances, plant, machinery and safety equipment, at intervals agreed with the employer, giving reasonable notice.
- Take part in consultations with inspectors and accompany them on inspections.
- Attend meetings of the health and safety committee they belong to.
The Act also gives them rights. A representative may visit the site of an incident, attend investigations and formal inquiries, inspect documents the employer must keep under the Act, and take part in internal health or safety audits. With your approval, which may not be unreasonably withheld, they can bring a technical adviser on an inspection.
Section 18(4) adds one protection: a representative does not incur civil liability only because they failed to do something the Act allows or requires.
Does a safety representative need training?
The Act expects training. Section 18(3) says the employer must provide the facilities, assistance and training a representative reasonably requires and that have been agreed. Section 17(7) treats time spent on training as time spent doing the job.
The Act does not name a specific course or certificate. A sensible programme covers the role, the law, hazard spotting, inspections and incident investigation. Our one-day Safety Representative course covers duties, workplace safety law, hazard identification, inspections and investigations and emergency preparation.
| Option | Format | Price (excl. VAT) |
|---|---|---|
| Safety Representative, in person | 1 day | R870 |
| Safety Representative, online | Self-paced | R760 |
| Bundle: Advanced Safety Representative | Bundle | R2,565 |
The Safety Representative course is recognised by SAIOSH for 2 CPD points. The bundle adds Hazard Identification and Risk Assessment, Emergency Preparedness and Response, and Incident Investigation, and is recognised by SAIOSH for 5 CPD points.
Appointment checklist you can use today
- Headcount confirmed for each workplace.
- Number of representatives worked out from the table above.
- Consultation held with employees or their recognised representatives, and notes kept.
- Nomination or election method agreed in writing.
- Candidates checked: full-time and familiar with the section.
- Written designation issued with a specified period.
- Training booked, in working hours.
- Appointment letters and training certificates filed in the safety file.
- Expiry dates diarised so you can re-designate before the period ends.
Our free training records template helps you track certificates and re-designation dates.
Get your representatives trained
We run safety representative training at your premises anywhere in South Africa, and at our Stikland and Germiston campuses. You can also send people to the online course. To train a whole team in one visit, tell us how many people you have, or ask us a question.
General guidance only, not legal advice.
Common questions
Who appoints a health and safety representative?
The employer designates them in writing for a specified period. Before doing so, the employer must consult in good faith with recognised employee representatives, or with the employees themselves, on how representatives are nominated or elected.
How many health and safety representatives are required?
At least one for every 50 employees or part thereof in most workplaces, and at least one for every 100 employees or part thereof in shops and offices. An inspector can direct you to appoint more.
Do I need a safety representative if I have fewer than 20 employees?
The automatic duty starts when you have more than 20 employees at a workplace. An inspector can still direct you in writing to designate representatives at a workplace with 20 or fewer employees.
Can a contract worker or part-timer be a safety representative?
Section 17(4) allows only employees employed in a full-time capacity at the workplace, who know its conditions and activities, to be designated.
Does the employer have to pay for safety representative training?
Section 18(3) requires the employer to provide the facilities, assistance and training a representative reasonably requires and that have been agreed. Section 17(7) says the time spent counts as time at work.