6.1 Prescribed period to enter into negotiations and consultations
1) The employer of a mine required to enter into negotiations in terms of sections 26(1) and 33(1), must commence negotiations within one month of the obligation to do so arising.
2) The employer of a mine required to enter into consultations in terms of sections 26(6)or (7) and 33(6) or (7), must commence consultations within one month of an obligation to do so arising.
3) If no collective agreement is concluded on the number of full-time health and safety representatives within three months of negotiations commencing in terms of regulation 6.1(1), any party to a dispute in terms of section 26(8)(a) may refer the dispute to the Commission.
4) If no agreement is concluded on the number of full-time health and safety representatives within three months of consultations commencing in terms of regulation 6.1(2), any party to a dispute in terms of section 26(8)(b) may refer the dispute to the Commission.
(The obligation to negotiate arises when there is a representative trade union at a mine and when there are 20 or more, or 100 or more, employees at the mine in the case of sections 26(1) and 33(1), as the case may be.
In terms of section 33(8) the negotiations and consultations contemplated in sections 26(1) and 33(1) may be held at the same time.)
6.2 Application of Regulations
If a collective agreement dealing with the election of health and safety representatives, full-time health and safety representatives or employee representatives on health and safety committees is concluded in terms of Chapter 3 of this Act, the regulations in this Chapter dealing with such election do not apply.
(Section 33(4) authorises this regulation.)
6.3 Establishment of Election Committee
1) The employer 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 employer representatives.
3) If the election committee includes employer 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 members at the mine, by the employees at the mine.
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 and election officer and one or more counting officers for each election; and
d) after consultation the employer, determine the date, time and place of each election.
6.5 Duties of Employer
1) The employer 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 work, without loss of remuneration, for employees to participate in the elections of health and safety representatives.
2) The Chief Inspector of Mines may issue guidelines regarding the facilities and assistance to be provided in terms of regulation 6.5(1).
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.
(Section 28(1) prescribes the qualifications of health and safety representatives.)
2) Every candidate for election as full-time health and safety representative for a mine must be nominated for election by an employee.
(Section 28(2) prescribes the qualifications of full-time health and safety representatives.)
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 at 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 the election, the election officer must, after consulting the employer, 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.
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 representative 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 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 the election, the election officer must, after consulting the employer, determine a date, time and place for a subsequent election.
b) Regulation 6.8(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 concerned.
6.9 Appointment of Health and Safety Representatives
The employer 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 if 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.
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.
(Section 34(4) requires the employee representatives on health and safety committees to be appointed by the health and safety representatives.)
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 reappointed in accordance with the provisions of these regulations after the expiry of their periods of office.
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(2); 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 employer must within 7 days from the time when 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 the 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; or
b) resigns as 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.
