| (a) |
represent employees on all aspects of health and safety, |
| (b) |
direct any employee to leave any working place whenever circumstances arise at that working place which, with reasonable justification, appears to the health and safety representative to pose a serious danger to the health or safety of that employee; |
| (c) |
assist any employee who has left a working place in terms of section 23; |
[Section 23 empowers an employee to leave any dangerous working place and requires every employer to follow certain procedures in this regard.]
| (d) |
identify potential hazards and risks to health or safety; |
| (f) |
inspect any relevant document which must be kept in terms of this Act; |
| (g) |
request relevant information and reports from an inspector; |
| (h) |
with the approval of the employer, be assisted by or consult an adviser or technical expert who may be either another employee or any other person; |
| (i) |
attend any meeting of a health and safety committee— |
| (i) |
of which that representative is a member; or |
| (ii) |
which will consider a representation or recommendation made by that representative; |
| (i) |
an inspector to conduct an investigation in terms of section 60; or |
[Section 60 requires an inspector to investigate serious health and safety contraventions.]
| (k) |
participate in consultations on health and safety with— |
| (i) |
the employer or person acting on behalf of the employer; or |
| (l) |
participate in any health and safety inspection by— |
| (i) |
the employer or person acting on behalf of an employer; or |
[Inspections are carried out by inspectors acting under section 50(2)(e).]
| (m) |
inspect working places with regard to the health and safety of employees at intervals agreed with the employer; |
| (n) |
participate in any internal health or safety audit; |
| (o) |
investigate complaints by any employee relating to health and safety at work; |
| (p) |
examine the causes of accidents and other dangerous occurrences in collaboration with the employer or person acting on behalf of the employer; |
| (q) |
visit the site of an accident or dangerous occurrence at any reasonable time; |
| (r) |
attend a post-accident inspection; |
| (s) |
co-operate with the employer in the conducting of investigations in terms of section 11(5); |
[Section 11(5) requires every employer working in co-operation with a health and safety representative health threatening situations.]
[Section 11(6) provides that this investigation may be conducted jointly with an inspector.]
| (t) |
participate in an inquiry held in terms of section 65; and |
| (u) |
perform the functions— |
| (i) |
agreed by the health and safety committee; or |
| (2) |
The rights and powers referred to in subsection (1) apply to health and safety representatives referred to in section 25(1) only in respect of the working places for which they are responsible. |
| (3) |
If a health and safety representative requests information or reports under subsection (1)(g), the inspector must supply the representative with the information or reports in their possession. |
[Section 25(1) stipulates that every mine with 20 or more employees must have a health and safety representative for each shift at each designated working place.]
| (4) |
An employer may not unreasonably withhold the approval required in terms of subsection (1)(h). |
| (5) |
A health and safety representative intending to exercise the right to inspect working places under subsection (1)(m) must— |
| (a) |
give the employer reasonable notice of the inspection; and |
| (b) |
permit the employer to participate in the inspection. |
| (6) |
Health and safety representatives are entitled to perform their functions and to receive training during ordinary working hours. |
| (7) |
Any time reasonably spent by a health and safety representative for a purpose referred to in subsection (6) must be considered for all purposes to be time spent carrying out the employment duties of that representative. |
Basic Conditions of Employment Act, 1997
