Functions of health and safety representatives in South Africa

bbrief Trends

10 months ago

This guide sets out the legal functions of health and safety representatives in South Africa – what they do day to day, how they interact with employers and safety committees, and the limits of their role.

It draws on the Occupational Health and Safety (OHS) Act and official guidance so that both employers and employees can understand and apply their responsibilities confidently.

Key takeaways

Health and safety representatives (HSRs) are elected worker representatives under the OHS Act to help monitor and improve workplace safety.
Core functions include inspections, reviewing incident reports, supporting investigations, and serving on health and safety committees.
Employers must consult HSRs, provide training, allow time for duties, and keep official records.
HSRs support compliance but are not legally responsible for enforcing health and safety laws.

What is a health and safety representative

A health and safety representative (HSR) is an employee elected or appointed to represent workers on health and safety matters where there are more than 20 employees in the workplace.

The OHSR’s role is to:

Monitor working conditions.
Identify hazards.
Advise the employer on improvements.

They are not responsible for compliance—the employer holds that duty. However, HSRs are crucial in supporting a culture of workplace safety and encouraging active employee participation.

Benefits and risks

Benefits of having HSRs

Encourages early hazard detection and prompt reporting.
Provides a structured channel for employee-employer safety consultation.
Supports legal compliance and can reduce workplace incidents.

Risks if misunderstood

Assuming HSRs are responsible for legal compliance (they are not) can lead to gaps.
Failing to consult or support HSRs properly can weaken safety controls and expose employers to enforcement action.

Practical steps and how it works

Core functions of health and safety representatives

HSRs must be given time and training to carry out their role.

Their typical functions include:

Inspecting the workplace at agreed intervals to identify hazards and unsafe practices.
Reviewing incident and accident reports and investigating employee complaints.
Participating in formal investigations and recommending preventative actions.
Accompanying Department of Employment and Labour inspectors during site visits.
Attending health and safety committee meetings and voicing worker concerns.
Supporting the development of risk assessments, procedures and training.
Promoting health and safety awareness across teams.

Health and safety committees

Where HSRs are appointed, the employer must also establish a health and safety committee.

This committee:

Meets at least quarterly (or more often if needed).
Reviews incidents, audits, and risk assessments.
Submits written recommendations to the employer and monitors follow-ups.
Keeps formal minutes and records of discussions and decisions.

Employer duties to HSRs

Employers must:

Consult with HSRs on all matters affecting worker health and safety.
Provide reasonable paid time, training, and facilities to perform their duties.
Respond in writing to any recommendations made by the HSR or committee.
Maintain records of HSR appointments, training, inspections and meetings.

Limits of the role

HSRs are not:

A substitute for management or safety officers.
Legally responsible for compliance or enforcement.
Expected to perform technical risk assessments beyond their training.

They may recommend action but cannot issue formal legal notices—only the Department of Employment and Labour has that power.

Who should avoid this and safety notes

Employers should avoid:

Appointing HSRs without consultation.
Failing to provide time, resources or follow-up.

HSRs should avoid:

Acting independently on serious hazards—always escalate through formal channels.
Making commitments outside their training—request expert input when needed.

Conclusion

Effective health and safety representatives help build safer workplaces through vigilance, communication and collaboration. When properly trained, supported and consulted, they become key contributors to a culture of prevention and accountability.

FAQs: Functions of health and safety representatives

How many health and safety representatives do we need?

You must appoint at least one HSR if there are more than 20 employees. Larger or high-risk workplaces may require more to ensure coverage across shifts and departments.

Do HSRs need formal training?

Yes. Employers must provide appropriate training, time and facilities. This includes inspections, committee work and participation in incident investigations.

Can an HSR stop unsafe work?

No, HSRs cannot legally stop work. However, they can report urgent risks and recommend halting work. The employer must act and, if necessary, regulators may intervene.

How often should workplace inspections be done?

Inspections should be carried out at agreed intervals, often monthly, and after major changes or incidents. Spot checks may be added depending on risk level.

What must the health and safety committee do?

Meet regularly, review incidents and reports, assess HSR input, and make written recommendations to the employer. The employer must formally respond.