Do not appoint someone who lacks a formal safety qualification. If they have experience but no certificate, document their practical experience in an annexure. Courts look for "practical knowledge."
Ensure all requirements of the Act are met by every person in your employment.
Download the template above. Replace the bracketed text with your actual hazards, your actual budget, and your actual names. Then sign it knowing that you have just built one of the most important legal documents your business will ever hold.
Failure to properly delegate authority regarding health and safety responsibilities can leave a CEO or business owner personally liable for accidents, fines, and legal repercussions. This comprehensive guide explores the intricacies of the OHS Act Section 16(1) appointment, why you need a robust template, and exactly what that template must contain to stand up to legal scrutiny. ohs act 16.1 appointment letter template
You must revoke a Section 16.1 appointment in writing if:
Legal Role and Responsibilities of the Section 16(1) (CEO) and Section 16(2) Appointees as Stipulated by the Occupational Health and Safety Act - Labour Guide South Africa
If your “appointment letter” is a three-line email saying, “You’re the safety guy, go fix it,” you haven’t appointed a representative. You’ve created a scapegoat. And when an incident occurs, the prosecutor will ask one question: What exactly were they appointed to do? Do not appoint someone who lacks a formal
The Act establishes a hierarchy of liability. It states that the Chief Executive Officer (CEO) or the "employer" is ultimately responsible for the health and safety of the workforce. However, in modern corporate structures, a CEO cannot be physically present at every worksite or involved in every daily safety decision.
A clause stating that the CEO will provide the necessary budget, time, and resources. Without this, the appointee can claim they were set up to fail.
APPOINTMENT IN TERMS OF SECTION 16(1) OF THE OHS ACT (ACT 85 OF 1993) [Name of CEO/Head] | [Company Name] Download the template above
📌 While the 16.1 appointee (CEO) is legally responsible, they often appoint 16.2 Assistant Managers to handle daily safety operations in specific departments or branches.
If you are a CEO, Managing Director, or sole proprietor, you cannot personally sign off on every risk assessment, every confined space entry, or every lockout/tagout procedure. You have to delegate. But under the Occupational Health and Safety Act (specifically Section 16.1), when you delegate a duty, you do not delegate the liability.