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 health and safety 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).

Electrical Installation Controller Health and Safety Appointment Letter
Regulation 4 (2) stipulates that general control has to be exercised where installation work is carried out in the case of electricity supply other than single phase. The intention of the legislation in these cases is that an appropriately accredited person must be present at all times where such installation work is carried out, in order to exercise control and ensure that the work is done correctly to ensure compliance with the standard. On the other hand, in the case of a single phase electrical installation, full-time presence is not compulsory. One should keep in mind that legislation only stipulates minimum requirements and that the person responsible for the electrical installation work has to determine what he or she regards as reasonable in terms of supervision and control.

For the employer to ensure that the provisions are complied with, it will be necessary that a formal procedure is established to cover all electrical installation work and for a competent person to be appointed to oversee such work and ensure compliance with the employer's laid down procedure.

Fire Fighting Equipment Inspector Health and Safety 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, an 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 good working order. The intention of the legislator with this regulation was for such equipment to be inspected, at regular intervals, by a competent person (Fire Fighter) to ensure that it remains operational and accessible at all times. This regulation must be read in conjunction with the requirements of SABS 0105, which, in paragraph 8.1 requires of all employers to appoint a person to inspect fire extinguishers at intervals not exceeding one month.

Hazardous Chemical Controller Health and Safety Appointment Letter
An employer shall, before any employee is exposed or may be exposed, after consultation with the health and safety committee established for that section of the workplace, ensure that the employee is adequately and comprehensively informed and trained, as well as thereafter informed and trained at intervals, as may be recommended by that health and safety committee, with regard to the potential sources exposure, potential risks to health caused by exposure, the measures to be taken by the employers to protect an employee against any risk from exposure, the necessity of personal air sampling and medical surveillance, the importance of good housekeeping at the workplace and personal hygiene.

Ladder Inspector Helth and Safety Appointment Letter
An employer shall ensure that every ladder is constructed of a sound material and is suitable for the purpose for which it is used and is fitted with non-skid devices at the bottom ends and hooks or similar devices at the upper ends of the stiles which shall ensure the stability of the ladder during normal use or is so lashed, held or secured whilst being used as to ensure the stability of the ladder under all conditions and at all times.

When work is done from a ladder, the employer shall take special precautionary measures to prevent articles from falling off and provide suitable sheaths or receptacles in which hand tools shall be kept when not being used.