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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

General Administrative Regulations, 2003

6. Negotiations and consultations before designation of health and safety representatives

 

 

1) The employer shall, in any workplace where there must be a health and safety representative in terms of section 17(1) of the Act and within four months after the commencement of these regulations or after commencing business, meet with the registered trade unions of that workplace in order to consult or bargain in good faith and conclude an agreement concerning the-
a) nomination or election of health and safety representatives;
b) terms of office of health and safety representatives and the circumstances and the prescribed manner in which they may be removed as health and safety representatives;
c) manner in which vacancies are to be filled:
d) manner in which health and safety representatives must perform their functions in terms of the Act; and
e) facilities, training and assistance that must be provided to a health and safety representative in terms of section 18(3) of the Act; Provided that, where there is no registered trade union, the employer shall enter into consultation with all employee representatives in that workplace in order to conclude an agreement with regard to subregulation (1).

 

2) An agreement referred to in subregulation (1) may include two or more employers as parties to the agreement.

 

3) The conditions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, shall apply to agreements concluded in terms of subregulation (1).

 

4) A dispute shall exist if no agreement in terms of subregulation (1) is concluded on the arrangement and procedures for the nomination and the election of health and safety representatives at a workplace.

 

5) If a dispute exists in terms of subregulation (4), any party to the dispute may refer the dispute to the CCMA or Bargaining Council.

 

6) If a dispute is referred to the CCMA or Bargaining Council under subregulation (9), the CCMA shall attempt to resolve it through conciliation.

 

7) If a dispute remains unresolved, any party to the dispute may request that it be resolved through arbitration, in which case the CCMA shall, taking into account the objectives of the Act and the proposals of the parties, determine the arrangement and procedures for the nomination or the election of the health and safety representatives.