Food Drinks and Tobacco 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.
In terms of this appointment, it is required to ensure that all lifting equipment in the area of responsibility meets the requirements of Driven Machinery Regulation 18.
Having regard to the size, construction and location of the workplace, and the amount and type of flammable articles used, handled, or stored on the premises, an employer shall provide on the premises an adequate supply of suitable fire-fighting equipment at strategic locations or as may be recommended by the fire chief of the local authority concerned, and such equipment shall be maintained in good working order. The intention of the legislator with this regulation was for such equipment to be inspected, at regular intervals, by a competent person (Fire Fighter) to ensure that it remains operational and accessible at all times. This regulation must be read in conjunction with the requirements of SABS 0105, which, in paragraph 8.1 requires of all employers to appoint a person to inspect fire extinguishers at intervals not exceeding one month.
Having regard to the size, construction and location of the workplace, and the amount and type of flammable articles used, handled, or stored on the premises, and employer shall provide on the premises an adequate supply of suitable fire-fighting equipment at strategic locations or as may be recommended by the fire chief of the local authority concerned, and such equipment shall be maintained in a good working order.
Subject to the provisions of subsection (2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof.