Consultation & Participation of

Workers
PROCEDURE

Integrated Management System

ISO 45001:2018 | ISO 14001:2015 | ISO 9001:2015
BS_PR_02 | REV00 | JANUARY 2019
 INTEGRATED MANAGEMENT SYSTEM PROCEDURE

DOCUMENT INFORMATION
Name of Procedure Consultation & Participation of Workers Procedure

Description of Procedure The effectiveness of the Integrated Management System (IMS) can only be enhanced by developing a culture
of worker consultation & participation within the organisation. Generally, people will cooperate and engage
more willingly with the IMS when their opinions and knowledge have been aired and listened to. Therefore,
the Company is to encourage active and on-going participation of, and consultation with, workers in the
development and review of the IMS practices and, where appropriate, the maintenance of the IMS controls.
Procedure Applies To Company-Wide IMS-Specific Project-Specific

Procedure Status New Document Review of Existing Document

Approval Authority Managing Director

Governing Authority Strategic Planning & Risk Committee

Responsible Officer SHEQ Manager

Effective Date January 2019

Date of Procedure Review January 2021

Related Legislation, Policies, SHEQ Policy

Procedures, Guidelines or Protocols Risk Management Framework

DOCUMENT HISTORY & CONTROL

Document is NOT controlled in printed format. Consult latest Master Document Register to verify the latest revision.

Rev Date Author Initials Approval No Brief Change Description

00 JAN19 G Van Heerden DA_19.00 Initial issue

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TABLE OF CONTENTS

DOCUMENT INFORMATION..............................................................................................................................2
DOCUMENT HISTORY & CONTROL................................................................................................................2
TABLE OF CONTENTS.........................................................................................................................................3
OVERVIEW............................................................................................................................................................. 4
1 PURPOSE & SCOPE.......................................................................................................................................4
2 REFERENCES.................................................................................................................................................4
3 DEFINITIONS & ABBREVIATIONS............................................................................................................4
4 ROLES & RESPONSIBILITIES....................................................................................................................5
4.1 The Company as Employer.........................................................................................................................5
4.2 Company Officers.......................................................................................................................................5
4.3 Executive Committee (EXCO)...................................................................................................................5
4.4 Process Owners...........................................................................................................................................5
4.5 Managers & Supervisors.............................................................................................................................5
4.6 Workers......................................................................................................................................................5
4.7 IMS Team...................................................................................................................................................6
4.8 WHS Committee.........................................................................................................................................6
4.9 Health & Safety Representatives (HSRs)....................................................................................................6
5 PROCESS ACTIVITIES.................................................................................................................................6
5.1 Overview....................................................................................................................................................6
5.2 WHS Consultation Arrangements...............................................................................................................7
5.3 Consultation with Contractors....................................................................................................................8
5.4 Health & Safety Representatives (HSRs)....................................................................................................8
5.5 WHS Committees (HSCs)..........................................................................................................................9
5.6 WHS Issue Resolution Process...................................................................................................................9
5.7 Trade Unions Right of Entry.......................................................................................................................9
6 LINKED DOCUMENTS................................................................................................................................10

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OVERVIEW
The Consultation and Participation of Workers Procedure is responsive to Clause 5.4 of ISO 45001:2018 International
Standard, to provide mechanisms, time, training and resources necessary for consultation and participation of workers or
worker representatives, to provide timely access to clear, understandable and relevant information about the Integrated
Management System (IMS), and to determine and remove obstacles or barriers to participation and minimize those that cannot
be removed; (language barriers, literacy, threats, etc.).

1 PURPOSE & SCOPE

This procedure outlines the arrangements for worker consultation and participation across the Company workplaces
when addressing IMS issues within the workplace.
This procedure covers all of workplace-related consultation and participation activities and applies to all employees and
Company workplaces.

2 REFERENCES
ISO 45001:2018 Clause 5.4
MHS Act Chapter 1 and 3, Regulation 6, and Schedule 1
OHS Act Sections 17, 18, 19 & 20
Appendix 1 - Issue Resolution Flowchart

3 DEFINITIONS & ABBREVIATIONS

3.1 Consultation - In the context of workplace health and safety (WHS), consultation refers to a two-way exchange
of information between employers and employees.
3.2 Participation - The act of giving employees the opportunity of sharing and exchanging views regarding certain
activities that directly involves them.
3.3 Worker - A person employed under a contract of employment or contract of training. Please note that the word
‘worker’ as used in this document, is taken to have the same meaning as ‘employee’ as defined in the
Occupational Health and Safety Act (Act 85 of 1993).
3.4 Employer - A person who employs one or more people under contracts of employment or contracts of training.
3.5 Health and Safety Committee (HSC) - A cooperative forum for the employer and workers to work together on
OHS issues. HSCs are involved in the development, review and communication of OHS standards, rules and
procedures in the workplace.
3.6 Health and Safety Representative (HSR) - A member of a designated work group elected to represent that
DWG on matters relating to occupational health and safety.
3.7 Reasonably Practicable - In relation to consultation, this means that employers must consult with workers to
the extent that is reasonable in all the circumstances. What is reasonably practicable will depend on a range of
factors, for example, the size and structure of the business, the nature of the work, work arrangements (shift
work), and characteristics of workers (language or literacy).
3.8 Agreed Issue Resolution Process - An agreed process or outline of the steps involved in resolving health and
safety issues in a workplace.
3.9 Workplace - Any premises or place where a person performs work in the course of employment.
3.10 DWG - Designated Work Group.
3.11 HSC - Health & Safety Committee.
3.12 HSR - Health & Safety Representative.
3.13 WHS - Workplace Health and Safety.

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4 ROLES & RESPONSIBILITIES

4.1 The Company as Employer
a) Under the MHS Act (Act 29 of 1996) and the OHS Act (Act 85 of 1993), and in the context of this
document, and as far as reasonably practicable, the Company is responsible for ensuring the health and
safety of: -
i) Workers they directly engage, or whose activities they influence; and
ii) Anyone else who could be put at risk by the activities the Company is undertaking, for example
visitors, customers, or members of the public.
4.2 Company Officers
a) Exercise due diligence to ensure the Company as an employer complies with its health and safety duties and
obligations as outlined in the MHS Act (Act 29 of 1996) and the OHS Act (Act 85 of 1993) and its
Regulations.
b) Take reasonable steps to ensure that required consultative arrangements are established and functioning in
workplaces under their control and that effective consultation, participation and representation occurs
between management, workers and representative work groups.
4.3 Executive Committee (EXCO)
a) Work in collaboration and consultation with Managers, Supervision and Company workers towards the
prevention of incidents that may cause injury to people, harm to the environment or damage to assets or
property at any Company owned or operated sites.
4.4 Process Owners
a) Ensure consultative and participation arrangements are in place in areas under their control.
b) Facilitate the availability and use of allocated resources to enable the Company to meet its WHS obligations
including making available workers for consultative forums as required.
c) Consult with Health and Safety Representatives (HSRs) and/or workers regarding WHS issues where there
are changes proposed which affect health and safety.
4.5 Managers & Supervisors
a) Establish and encourage consultative and participation arrangements at workplaces under their control.
b) Implement safe work practices within their area of responsibility and contribute to their improvements.
4.6 Workers
a) To take reasonable care for their own health and safety and for other workers and visitors to their workplace.
b) To follow and comply with reasonable instruction and co-operate with WHS policies and procedures,
including consultation at work.
c) To request that their employers establish work groups that will allow the election of one or more HSRs to
represent them on health and safety matters affecting the workplace.
4.7 IMS Team
a) Manage the IMS which includes establishing, facilitating and monitoring arrangements for consultation,
participation and communication to ensure these meet Company’s legal obligations and business needs.
b) Advise management and workers on requirements for WHS consultation and communication.
c) Co-ordinate and / or attend IMS Committee and Wellbeing meetings.
4.8 WHS Committee
a) Meet at least once every three (3) months.
b) Facilitate co-operation between the Company and workers in the management of health and safety.

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c) Establish a charter for committees.

d) Retain relevant records of meetings, decisions, discussions and outcomes, including any action items arising
from meetings.
e) Provide a forum for the Company to consult with workers on hazard and risk issues identified, potential
changes to work systems, work environments, practices and procedures that may affect workers.
f) Provide a forum for resolution of health and safety matters, for the discussion and analysis of WHS data,
and for training on WHS matters.
4.9 Health & Safety Representatives (HSRs)
a) Consult with, and represent the workers within their workplace or designated workgroup on health and
safety issues. HSRs are entitled to be members of any established local HSC.
b) Under the Act, an elected HSR has the capacity to: -
i) Represent the workers in matters relating to WHS;
ii) Investigate complaints or anything that appears to be a risk relating to worker WHS;
iii) Direct unsafe work to cease under the Act; and
c) In undertaking these functions, the HSR may: -
i) Undertake workplace inspections;
ii) Accompany an inspector during an inspection of the workplace;
iii) Be present at an interview relating to health and safety matters with the consent of the worker/s;
iv) Request the establishment of and participate in a health and safety committee;
v) Report hazards; and
vi) Review incidents as part of a team.
vii) Issue a written notice for a safety and health issue in the workplace.
d) Further, after undertaking an internal investigation a HSR may: -
i) Make recommendations to prevent incident recurrence.

5 PROCESS ACTIVITIES
5.1 Overview
a) Under South African Law, the Company is required to consult with its workers. Furthermore, legislation
imposes responsibilities on Company workplaces regarding the establishment of health and safety
committees, the election of HSRs, agreed issue resolution processes and/or the establishment of other agreed
health and safety consultation arrangements.
b) In addition to the above, the Company recognises the importance of involving workers in the decision-
making process concerning its health and wellbeing programs.
c) The Company to ensure that formal processes are implemented for continual communication and
improvement with respect to WHS across the business and that all necessary resources are allocated to
ensure WHS responsibilities are understood and are able to be fulfilled. All Company workers, including
contractor workers, are encouraged to consult with Managers and Supervision in relation to any workplace
issue, incident, or hazard that they identify as being problematic or of risk to their personal health and safety
or that of others.
5.2 WHS Consultation Arrangements
a) The Company will consult with workers on matters concerning health and safety, such as when: -
i) Identifying hazards and assessing risks to health and safety arising from the work carried out by the
Company;

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ii) Making decisions about ways to eliminate or minimise those risks;

iii) Conducting incident investigations into incidents or ‘near misses’;
iv) Making decisions about the adequacy of facilities for the welfare of workers;
v) Proposing changes that may impact on employee health and wellbeing;
vi) Making decisions about health and wellbeing programs or initiatives that may be provided for
Company employees;
vii) Proposing changes that may affect the health or safety of workers; and
viii) Reviewing or establishing policies or procedures for: -
 Consulting with workers;
 Resolving WHS issues at the workplace;
 Monitoring the health of workers;
 Monitoring the conditions at any workplace under the management or control of the
Company; and
 Providing information and training for workers.
b) The contributions of workers will be valued and taken into account by management. Management shall
ensure that evidence of consultation and decisions made regarding workgroups are recorded and maintained.
c) Consultation on health and safety is a two-way process and should be seen as an opportunity to add value
when making decisions. This process involves: -
i) Talking about issues;
ii) Listening to and raising concerns;
iii) Understanding roles;
iv) Seeking information and sharing views;
v) Discussing issues in a timely manner;
vi) Considering what is being said before decisions are made; and
vii) Attending scheduled meetings.
d) Participation, consultation and communication on WHS issues at the Company can occur through: -
i) Formal committee meetings (e.g. Strategic Safety Group or Operational WHS Committees);
ii) Team meetings;
iii) Toolbox talks or prestart meetings;
iv) The Company intranet, noticeboards or other internal communication channels,
v) Special interest working groups formed to address specific WHS issues;
vi) Active participation and engagement with the Company WHS Team;
vii) Project briefing meetings.
5.3 Consultation with Contractors
a) Contractors are defined as an extension of the Company works and workers. As the employer, the Company
must ensure that contractors are included in consultation and communication processes around WHS issues.
This includes the provision of relevant information on who to go to in the workplace for assistance with
WHS matters (e.g. the HSR, Managers or Officer).
b) Company contractors shall be involved in consultation, participation and communication processes such as
committee meetings, project briefing meetings, toolbox talks and prestart meetings as relevant to the work
undertaken. Contractors may be involved in the identification, assessment and control of hazards and risks
in the workplace.

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5.4 Health & Safety Representatives (HSRs)

a) Workers at a workplace or workgroup may elect any worker as their HSR; however, only workers employed
in a full-time capacity at a specific workplace, and who are acquainted with the conditions and activities of
the workplace shall be eligible for the designation of HSR.
b) An HSR has certain rights under legislation, referred to as powers and functions. The Company
acknowledges that effective HSRs are an asset to sound health and safety management and a vital aspect in a
functioning consultative process.
c) Under legislation, workers may request the election of one or more HSR to represent employees. In the
Company, HSRs are elected through any type of nomination and election processes in the workplace. In this
procedure, provision for nomination and election of HSRs is made by including nomination and election
ballot papers, other forms or showing of hands may also be used for this process.
d) An HSR, if elected, must consult with, and represent the workers within their workplace or designated
workgroup on health and safety issues. HSRs are entitled to be members of any established local HSC.
e) HSRs are not required to have any experience, but should be competent. If not competent, the Company
must allow the HSR to attend an accredited training course and pay the course fees and any other reasonable
costs associated with their attendance (e.g. travel expenses, etc.). Once elected, HSRs will be: -
i) Able to exercise their powers and functions under Section 17 and 18 of the OHS Act during
ordinary working hours;
ii) Allowed to hold office for 5 years and be eligible for re-election;
iii) Consulted on any changes to the workplace (plant, hazardous chemicals/materials, work methods
etc.) that may affect worker health and safety;
iv) Able to undertake inspections as per their powers and functions;
v) Informed about reported injuries, illness, dangerous incidents or other notifiable incidents so that
these can be discussed at local WHS committees;
vi) Made aware of the presence of DOL / DME Inspectors at workplaces they represent and of any
notices given by Inspectors.
5.5 WHS Committees (HSCs)
a) If the Company does NOT become a member of the broader customer HSC, every Company workplace
(with two or more HSRs) shall establish a HSC to consult with, with a view to initiate, develop, promote,
maintain and review measures to ensure the health and safety of employees.
b) The number of members within the HSC shall be determined taking into consideration the amount of HSR
available to the workplace. Should two or more HSC exist in the workplace, each HSR for that workplace
shall be a member of at least one of those two committees.
c) The number of persons nominated by the Company on a HSC shall not exceed the number of HSR on that
committee.
d) All persons nominated as members of the HSC shall be designated in writing for a time period specified by
The Company.
e) Functions of the HSC include (but are not limited to): -
i) Making recommendations to the Company on any matter concerning the health and safety of
persons at the workplace.
ii) Discussing incidents that may have taken place at the workplace in which any person was injured,
became ill or died.
f) The HSC shall be required to keep a stable record of all recommendations made or reports that are
compiled.
5.6 WHS Issue Resolution Process
a) The WHS issue resolution process for the Company is summarised in the flowchart in Appendix 1.

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5.7 Trade Unions Right of Entry

a) A trade union member, as defined in Section 1 of the Labour Relations Act, 1956 (Act No 28 of 1956), and
who has completed workplace induction training course and holds, and will hold entry permission from the
Process Owner, shall be granted entry onto the workplace premises to conduct trade union-related activities.
b) The trade union member may enter a Company workplace during normal working hours in the event of a
suspected breach of the OHS Act or Regulations, or to conduct his/her trade union business. In this instance
the trade union member may: -
i) Inspect anything (e.g. Relevant plant, work systems, substances, structures etc.) that may have a
bearing on the suspected breach;
ii) Talk to any worker who may be represented by the union;
iii) Consult with the Process Owner;
iv) Speak with anyone who may be at risk due to the suspected breach; or
v) Request to look at, or make copies of any relevant documentation that is directly relevant to the
suspected breach.
c) The trade union member must notify workplace management of their entry into the workplace. When the
trade union member intends to consult with workers, they must notify the Process Owner at least 24 hours
(but no longer than 14 days) before entering the site for the purpose of consultation. The relevant forms
must be provided.
d) The Process Owner must not prevent the trade union members’ participation in workplace consultation in
the event of a suspected breach. Similarly, the trade union member must act in accordance with provisions
of the legislation. At the Company, this means that the trade union member must notify the Process Owner
as soon as they enter the site.

6 LINKED DOCUMENTS
PR_02_F01 Template - HSC Agenda & Minutes
PR_02_F02 Template - HSR Nomination Form
PR_02_F03 Template - HSR Election Form
PR_02_F04 Template - HSR Allocation Notice

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APPENDIX 1 - ISSUE RESOLUTION FLOWCHART

End of Document

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