Section 16.1 of the OHS Act (the exact numbering varies slightly by jurisdiction—e.g., Canada’s COHS Section 16.1, or similar provisions in South Africa, the UK, and Australia) is the provision that allows an employer to appoint a competent person to assist in fulfilling legal duties. However, the courts have ruled repeatedly: A vague appointment letter is no appointment at all.
[Full Name] Current Job Title: [e.g., Shift Supervisor] Employee ID: ________ ohs act 16.1 appointment letter template
The Appointee is authorized to:
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. Section 16
WHEREAS the Employer is legally obligated to ensure a workplace that is safe and without risk to health; WHEREAS the Employer cannot personally perform all required duties; WHEREAS the Appointee has demonstrated competence as defined by [Regulation/Standard, e.g., OHS Regulation 5.1]; You have to delegate