B. 6. Health And Safety Representatives And Committees

Question 0

What is the duties of an election committee?

Answer 0

6.4 Duties of election committee.-

The election committee must-

a) determine fair and reasonable procedures for the nomination and election of health and safety representatives;
b) ensure that elections are conducted in terms of such procedures;
c) appoint an election officer and one or more counting officers for each election; and
d) after consulting the manager, determine the date, time and place of each election.

Question 1

How must an election committee be established?

Answer 1

6. 3 Establishment of election committee.-
   1) The manager must establish an election committee.
   2) The election committee-
   a) must include an appropriate number of employee representatives; and
   b) may include a number of management representatives.
   3) If the election committee includes management representatives, their number must be equal to or less than the number of employee representatives.
   4) The employee representatives on the election committee must be appointed-
   a) by the representative trade union at the mine;
   b) if there is no representative trade union at the mine, by the registered trade unions with members at the mine; or
   c) if there is no registered trade union with members at the mine, by the employees at the mine.

Question 2

What is the duties of the manager?

Answer 2

6. 5 Duties of Manager.-
   1) The manager must-
   a) as far as practicable, ensure that every employee is made familiar with the nomination and election procedures;
   b) give reasonable and understandable notice to the employees of the date, time and place of each election;
   c) provide the facilities and assistance reasonably necessary for the election committee to perform its functions;
   d) provide the facilities reasonably necessary for-
   i. the election of health and safety representatives; and
   ii. the appointment of employee representatives on any health and safety committee; and
   e) provide reasonable time off from work, without the loss of remuneration, for employees to participate in the elections of health and safety representatives.
   2) The Chief Inspector may issue guidelines regarding the facilities and assistance to be provided in terms of regulation 6.5(1).

Question 3

How do you get nominated for a health and safety representative?

Answer 3

6. 6 Nomination of health and safety representatives.-
   1) Every candidate for election as a health and safety representative for a shift and designated working place must be nominated for election by an employee who works on the same shift at the designated working place.
   2) Every candidate for election as a full-time health and safety representative for a mine must be nominated for election by an employee.

Question 4

What is the procedure for the election of health and safety representatives?

Answer 4

6. 7 Procedures for the election of health and safety representatives.-
   1) –
   a) If only one candidate is nominated for election as a health and safety representative for a shift at a designated working place, the election officer must declare the candidate elected.
   b) If two or more candidates are nominated for election as a health and safety representative for a shift as a designated working place, the election officer must hold an election.
   2) Every election for a health and safety representative-
   a) must be under the control of the election officer; and
   b) is only valid if 50% or more of the employees who work on the same shift at the designated working place concerned vote in the election.
   3) –
   a) If less than 50% of the employees who work on the same shift at the designated working place concerned vote in an election, the election officer must, after consulting the manager, determine a date, time and place for a subsequent election.
   b) Regulation 6.7(2)(b) does not apply to such subsequent election.
   4) Every employee on a shift at a designated working place has one vote in the election of every health and safety representative for that shift and designated working place.
   5) The counting officers must, under the supervision of the election officer, count all valid votes.
   6) The election officer must announce the results of the count to the employees concerned.
   7) If an election for an alternate health and safety representative is held, it must be conducted in the same manner as an election for a health and safety representative.

Question 5

What is the procedure for the election of full-time health and safety representatives?

Answer 5

6. 8 Procedures for the election of full-time health and safety representatives.-
   1) If the number of candidates nominated for election as full-time health and safety representatives at a mine is-
   a) not more than the number that must be elected, the election officer must declare the candidates elected; or
   b) more than the number that must be elected, the election officer must hold an election.
   2) Every election for a full-time health and safety representative-
   a) must be under the control of the election officer; and
   b) is only valid if 50% or more of the employees vote in the election.
   3) –
   a) If less than 50% of the employees vote in an election, the election officer must, after consulting the manager, determine a date, time and place for a subsequent election.
   b) Regulation 6.7(2)(b) does not apply to such subsequent election.
   4) Every employee has one vote in the election of every full-time health and safety representative.
   5) The counting officers must, under the supervision of the election officer, count all valid votes.
   6) The election officer must announce the results of the count to the employees.

Question 6

How is a health and safety representative appointed?

Answer 6

6.9 Appointment of health and safety representatives.-

The manager must-

a) within 7 days of election, appoint in writing every employee elected as a health and safety representative;
b) provide every health and safety representative with suitable means of identification as a health and safety representative; and
c) prominently and conspicuously display the photograph and name of the health and safety representative at an appropriate place at the mine.

Question 7

Who appoints an employee representative on a health and safety committee?

Answer 7

6.10 Appointment of employee representatives on health and safety committee.-

Every employee representative on a health and safety committee at a mine must be appointed by a majority of the health and safety representatives at the mine.

Question 8

What is the period of office of any health and safety representative or employee representative on a health and safety committee?

Answer 8

6. 11 Period of office.-
   1) The period of office of any health and safety representative or employee representative on a health and safety committee is three years.
   2) Despite regulation 6.11(1) the health and safety committee may determine shorter periods of office for-
   a) health and safety representatives;
   b) full-time health and safety representatives; and
   c) employee representatives on a health and safety committee.
   3) Every health and safety representative and employee representative on a health and safety committee may be re-appointed in accordance with the provisions of these regulations after the expiry of their periods of office.

Question 9

What is the requirements of the vacation of office and filling of vacancies for all the different representatives?

Answer 9

6. 12 Vacation of office and filling of vacancies.-
   1) A health and safety representative must vacate office on expiry of that representative’s period of office or if-
   a) the representative-
   i. no longer satisfies the qualifications contemplated in section 28(1); or
   ii. resigns as a health and safety representative; or
   b) so required in writing on the grounds that the representative has not properly performed the functions of a health and safety representative by-
   i. at least 50% of the employee representatives on the health and safety committee; or
   ii. at least 50% of the employees who work on the same shift at the designated working place as the health and safety representative.
   2) A full-time health and safety representative must vacate office on expiry of that representative’s period of office or if-
   a) the representative-
   i. no longer satisfies the qualifications contemplated in section 28(1); or
   ii. resigns as a full-time health and safety representative; or
   b) so required in writing on the grounds that the representative has not properly performed the functions of a full-time health and safety representative by-
   i. at least 50% of the employee representatives on the health and safety committee; or
   ii. at least 50% of the employees.
   3) The manager must within 7 days from the time when a health and safety representative must vacate office in terms of regulation 6.12(1) or (2), terminate the health and safety representative’s appointment and in writing notify the health and safety representative of it.
   4) A vacancy contemplated in regulation 6.12(1 or (2) must be filled by a health and safety representative elected in a by-election held in terms of regulation 6.7 or 6.8, as the case may be.
   5) An employee representative on a health and safety committee must vacate office on the committee on expiry of such representative’s period of office or if that representative-
   a) is removed from office by a majority vote of employee representatives on the health and safety committee on grounds that the representative has not properly performed the functions of an employee representative on the health and safety committee.
   6) A vacancy contemplated in regulation 6.12(5) must be filled by an employee appointed in terms of regulation 6.10.