Every employer who has more than twenty employees in his employment at any workplace, and within four months after commencing business or immediately the number of his employees exceeds twenty shall designate in writing for a specific period health and safety representatives for such workplace or different sections thereof.

The Chief Executive Officer (CEO) is ultimately responsible for ensuring that the duties of the employer in terms of the Act are complied with. The CEO is however afforded the right to assign duties to any person to assist him with the implementation of these duties. The mere assignment of duties to other persons by the CEO shall not however relieve the employer of any responsibility or liability under the Act. The Act specifically dictates that the persons assigned by the CEO shall act under the CEO’s control and direction. The control and direction, as referred to in the Act, literally requires of the CEO to issue guidelines, establish communication channels, lay down standards and provide the appointees with the necessary training in order to implement and ensure compliance with the requirements of the Act. Ultimately the CEO shall thus remain responsible for the activities of the employer and employees.


By signing the appointment letter, the Assistant to CEO takes responsibility to ensure that the duties of the employer as contemplated in the Occupational Health and Safety Act, are properly discharged in all areas of responsibility. The Assistant to CEO must familiarize himself / herself with the Occupational Health and Safety Act and its Regulations and that all statutory requirements are met at all times.
The CEO should initiate the assignment of duties down as per section 16(2) of the Act which reads “Without derogating from his responsibility or liability in terms of subsection (1), a CEO may assign any duty contemplated in the said subsection, to any person under his control, which person shall act subject to the control and directions of the CEO”. A CEO may assign persons in terms of section 16(2) and these assignees may in tern assign down in terms of section 16(2).

Emergency Controller Appointment Letter
In order to expedite the evacuation of a workplace in case of fire, every employer shall ensure that any emergency escape door from any room or passage or at a staircase shall, as far as is practicable, be hung so as to open outwards; every door of a room in which persons may be present, and every door of a passage or at a staircase serving as a means of exit from such room, shall be kept clear and capable of being easily and rapidly opened from inside so as to ensure quick and easy evacuation; the provisions of paragraphs (a) and (b) shall also be complied with in respect of the outer escape exit from the workplace; staircases and steps leading from one floor to another or to the ground shall be provided with substantial handrails; staircases intended to be used as fire escapes shall be constructed of non-combustible material; be kept clear of any material or other obstruction; and not terminate in an enclosed area; staircases, passages and exits intended for escape purposes shall be of a width and of a gradient which will facilitate the quick and safe egress of the number of persons intended to make use of them; and having regard to the size, construction and location of a workplace, the number of persons, and the activity therein, such workplace is provided with at least two means of egress situated as far apart as is practicable.


First Aider Appointment letter
It is recommended that employers appoint a first aider where more than ten employees are employed and where there are more than 50 persons employed. A first aider must be appointed for each group of 50 persons or part thereof. When employers have 11 employees they are required to appoint a first aider. Sub-section (4) requires the first aider to be readily available during working hours. This automatically means that more than one first aider would be required should the organization be working on a shift basis, in order for the first aider to be available at all times. Should the normal first aider become sick or be on leave, another qualified first aider must be available to the employees of the organization.


Fire fighter / Member of the Fire Fighting Team Appointment Letter
Having regard to the size, construction and location of the workplace, and the amount and type of flammable articles used, handled, or stored on the premises, and employer shall provide on the premises an adequate supply of suitable fire-fighting equipment at strategic locations or as may be recommended by the fire chief of the local authority concerned, and such equipment shall be maintained in a good working order.


Health and Safety Representative Appointment Letter
Subject to the provisions of subsection (2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof.