A health and safety representative must be a full-time employee who works at the workplace or section they will represent and who is familiar with the conditions and activities there. The employer cannot simply appoint an outside consultant, visiting safety officer or someone who does not work in the area.
The appointment must also follow the consultation, nomination or election arrangements agreed with employees. The purpose of the role is to give employees a formal voice in workplace health and safety matters.
Employers reviewing the competence of their appointed representatives can also view Altra Medical’s workplace health and safety courses, including Safety Representative Training and other OHS programmes for responsible persons.
Direct answer: A person may be designated as a health and safety representative if they are a full-time employee at the relevant workplace, are familiar with the conditions and activities in the area they will represent, and are selected through the agreed employee consultation and nomination or election process.
Why the appointment process matters
A health and safety representative is not simply another management appointment. The role exists to give employees a formal voice in workplace health and safety matters.
1. When must a health and safety representative be appointed?
Where an employer has more than 20 employees at a workplace, health and safety representatives must generally be designated in accordance with Section 17 of the Occupational Health and Safety Act.
- Shops and offices: one representative for every 100 employees or part thereof;
- Other workplaces: one representative for every 50 employees or part thereof.
Related article: How Many Health and Safety Representatives Does Your Company Need?
2. Must the representative be an employee?
Yes. The Act requires the person to be employed in a full-time capacity at the workplace for which they are designated. An external consultant may assist the employer with OHS compliance, but cannot ordinarily replace the employee health and safety representative required under Section 17.
3. Can an outsourced safety officer be the health and safety representative?
Generally no, where the person is not a full-time employee at the workplace. A safety officer normally assists the employer with implementing and monitoring the OHS system, while the health and safety representative represents employees.
Related article: Safety Representative vs Safety Officer: What Is the Difference?
4. Must the representative work in the area they represent?
The representative must be familiar with the conditions and activities in the workplace or section for which they are designated.
- The work performed in the area;
- The hazards employees are exposed to;
- The machinery and equipment used;
- The normal work procedures;
- The PPE requirements;
- The emergency arrangements; and
- The concerns employees regularly raise.
5. Can management simply choose the health and safety representative?
No. The employer must consult with employees regarding the arrangements for the nomination or election and designation of health and safety representatives.
- How employees will nominate candidates;
- Whether an election will be held;
- Which employees may vote;
- Which workplace or section each representative will cover;
- The period of office;
- How vacancies will be filled; and
- How the representative will carry out their functions.
An appointment letter is the end of the process, not the beginning. The employer should first consult employees and follow the agreed nomination or election arrangements before formally designating the representative in writing.
6. Does the representative have to be elected?
The General Administrative Regulations require the employer to make available a suitable nomination or election process. The exact process can vary between workplaces, provided it is properly agreed and gives employees a meaningful opportunity to participate.
7. Can a supervisor be a health and safety representative?
A supervisor may meet the basic eligibility requirements if they are employed full-time and are familiar with the workplace. However, the employer should consider whether the supervisory role creates a practical conflict with employee representation.
8. Can a manager be appointed?
The Act does not create a blanket rule that every person with a management title is automatically disqualified. The person must still satisfy the employee and workplace requirements and must emerge from the agreed nomination or election process.
In practice, senior managers may be a poor choice where employees may not feel comfortable raising concerns with someone who controls discipline, performance or work instructions.
9. Can the employer nominate the person?
The employer may participate in establishing the process, but should not bypass employee participation by unilaterally selecting the representative.
- Determine how many representatives are required.
- Divide the workplace into appropriate representation areas if necessary.
- Consult employees on the nomination or election process.
- Invite eligible nominations.
- Conduct the agreed election or selection process.
- Record the outcome.
- Formally designate the successful representative in writing.
- Provide training and resources.
10. Can employees refuse to become a representative?
The role should not simply be forced onto an unwilling employee. The nomination and election process should identify employees who are both eligible and willing to serve.
11. What qualities make a good health and safety representative?
- Respected by colleagues;
- Comfortable speaking to employees and management;
- Observant and practical;
- Willing to raise concerns;
- Interested in workplace safety;
- Familiar with the work area;
- Reliable in attending meetings and inspections; and
- Prepared to undertake training.
12. Does the representative need formal training?
The employer must provide the facilities, assistance and training that representatives may reasonably require to perform their functions.
- OHS Act duties;
- The representative’s functions and rights;
- Hazard identification;
- Workplace inspections;
- Incident participation;
- Employee complaints;
- Health and safety committees; and
- Recordkeeping.
Training service: Safety Representative Training
13. Must the appointment be in writing?
Yes. Once the process is complete, the employer should formally designate the representative in writing.
- The employee’s name;
- The workplace or section represented;
- The effective date;
- The term of office;
- The employee’s functions; and
- Acceptance of the designation.
14. How long does the appointment last?
The period of office should form part of the arrangements agreed between the employer and employees. The employer should also have a process for resignation, transfer, long-term absence, termination of employment and filling vacancies.
15. Can one representative cover more than one department?
Possibly, if the person is familiar with the conditions and activities in all areas concerned and can perform meaningful inspections.
16. What if employees work different shifts?
The representative structure should reflect the way the workplace actually operates. A representative who only works during the day may not effectively represent permanent night-shift employees.
17. What happens once two or more representatives are appointed?
Where two or more health and safety representatives have been designated at a workplace, the employer must establish at least one health and safety committee.
18. Common appointment mistakes
1. Management chooses the representative
The employer selects a convenient employee without proper employee consultation.
2. An external consultant is appointed as the SHE rep
The consultant may assist with OHS management but is not the full-time employee representative required by Section 17.
3. The representative works in the wrong area
The employee has little knowledge of the hazards in the section they supposedly represent.
4. A senior manager is automatically appointed
No consideration is given to whether employees are comfortable being represented by that person.
5. No nomination or election records are kept
The employer has an appointment letter but cannot show how the employee was selected.
6. The representative receives no training
The employee is given a title but does not understand inspections, hazards, complaints or committee functions.
7. Old appointments remain in the file
Employees transfer or resign, but the appointment register is never updated.
8. Shift coverage is ignored
All representatives work one shift while other employees have no meaningful representation.
19. Health and safety representative appointment checklist
- Confirm whether the workplace has more than 20 employees.
- Calculate the required number of representatives.
- Identify logical workplace sections or areas.
- Consider shift patterns and geographical separation.
- Consult employees on nomination or election arrangements.
- Define who is eligible to stand.
- Invite nominations.
- Conduct the agreed process.
- Keep evidence of the process and outcome.
- Confirm that the successful employee is full-time and familiar with the area.
- Issue the written designation.
- Arrange appropriate training.
- Provide time and resources to perform the functions.
- Establish a health and safety committee where required.
- Review appointments when employees, shifts or workplace structures change.
Frequently asked questions
Who can be appointed as a health and safety representative?
A full-time employee at the relevant workplace who is familiar with the conditions and activities in the workplace or section they will represent and who is selected through the agreed nomination or election arrangements.
Can an external safety consultant be the health and safety representative?
Generally no. An external consultant can support the employer’s OHS system but does not ordinarily satisfy the requirement that the representative be a full-time employee at the workplace.
Can a supervisor be a safety representative?
A supervisor may meet the basic eligibility requirements, but the employer and employees should consider whether the supervisory role creates a conflict with independent employee representation.
Can a manager be a safety representative?
The Act does not simply disqualify every person with a management title. However, the person must meet the employee and workplace requirements, be selected through the agreed process and be able to genuinely represent employees.
Does management choose the SHE representative?
No. The employer must consult employees and provide a suitable nomination or election process.
Does a health and safety representative need training?
Yes. The employer must provide the training, facilities and assistance reasonably required for the representative to perform the role effectively.
Must the appointment be in writing?
Yes. The successful representative should be formally designated in writing after the agreed nomination or election process has been completed.
Appointing new health and safety representatives?
Altra Medical Productions provides Safety Representative Training that helps employees understand their legal functions, workplace inspections, hazard identification, incident participation and committee responsibilities.
We can also assist employers with OHS appointments, training matrices, safety audits and workplace safety systems.
Related articles and services
- Safety Representative Training
- How Many Health and Safety Representatives Does Your Company Need?
- Safety Representative vs Safety Officer: What Is the Difference?
- The Role of a Safety Officer Explained
- Health and Safety Courses
Legal references
- Occupational Health and Safety Act 85 of 1993 — Sections 17, 18 and 19
- General Administrative Regulations — health and safety representative nomination and election arrangements
This article provides general information. Employers should assess the representative structure according to employee numbers, workplace layout, shifts, hazards and the arrangements agreed with employees.
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