Educational Industry Appointment Letters
Every employer who has more than twenty employees in his employment at any workplace, and within four months after commencing business or immediately the number of his employees exceeds twenty shall designate in writing for a specific period health and safety representatives for such workplace or different sections thereof.
The Chief Executive Officer (CEO) is ultimately responsible for ensuring that the duties of the employer in terms of the Act are complied with. The CEO is however afforded the right to assign duties to any person to assist him with the implementation of these duties. The mere assignment of duties to other persons by the CEO shall not however relieve the employer of any responsibility or liability under the Act. The Act specifically dictates that the persons assigned by the CEO shall act under the CEO’s control and direction. The control and direction, as referred to in the Act, literally requires of the CEO to issue guidelines, establish communication channels, lay down standards and provide the appointees with the necessary training in order to implement and ensure compliance with the requirements of the Act. Ultimately the CEO shall thus remain responsible for the activities of the employer and employees.
It is recommended that employers appoint a first aider where more than ten employees are employed and where there are more than 50 persons employed. A first aider must be appointed for each group of 50 persons or part thereof. When employers have 11 employees they are required to appoint a first aider. Sub-section (4) requires the first aider to be readily available during working hours. This automatically means that more than one first aider would be required should the organization be working on a shift basis, in order for the first aider to be available at all times. Should the normal first aider become sick or be on leave, another qualified first aider must be available to the employees of the organization.
Appointing a person who is competent to investigate incidents should be done in writing. Such person needs to be conversant with the Act and its Regulations, the process, plant, machinery, equipment, etc.., as well as how to investigate incidents properly. Sub-regulation (4) of the Act requires that an incident be examined, and Section 20(1) (b) of the Act further requires that such incident be discussed. Although this subregulation does not require the signing of the document in which the investigation has been recorded, it is required by Annexure 1 that the investigator sign it.
The employer has to decide what reasonable measures need to be implemented to ensure that in the case of an emergency all persons react in accordance with the predetermined emergency plan. In larger buildings or workplaces it may be necessary to appoint evacuation officers to ensure that all persons present in a particular area of the workplace evacuate and to assist in the accounting for persons afterwards.