Occupational Health and Safety Act (No. 85 of 1993), section 16(2) appointment
The scope of a section 16(2) appointment in terms of the Occupational Health and Safety Act (No. 85 of 1993)
The Chief Executive Officer (CEO) of a business is charged with certain duties in terms of the Occupational Health and Safety Act (No. 85 of 1993). Section 8 determines, all employers must, where reasonably possible, provide employees of a safe and healthy work environment without any risk.
The primary responsibility for ensuring a safe and healthy work environment rests on the CEO of the person regarded as the company’s CEO. The CEO must, as set out in section 16(1) as far as reasonably doable, ensure that the duties of his employees, as intended in this Act, is properly executed. The CEO must, without renouncing his or her overarching duties in terms of the Act, have the discretion to delegate some of his or her responsibilities by making a section 16(2) appointment. This means that, should he or she assign a duty to any person under his or her management, that person will be subject to the control and prescriptions of him or her. The appointed employee’s responsibility, in terms of section 16(2), is however, limited in terms of section 37.
The appointed person will therefore be responsible for managing the occupational health and safety for the designated area as per appointment. With this appointment, the appointed person will be legally obliged to assist the CEO (section 16(1)) with security management over this designated area.
It is important to remember that the CEO can delegate responsibility, but not liability.