OHS Legal Appointments in the Workplace
The OHS Act and its Regulations require a number of Legal Appointments to be made.
According to the Occupational Health and Safety Act 85 of 1993, Section 19:
(1) An employer shall in respect of each workplace where two or more Health and Safety Representatives have been designated, establish one or more health and safety committees and, at every meeting of such a committee as contemplated in subsection 19.(4), consult with the committee with a view to initiating, developing, promoting, maintaining and reviewing measures to ensure the health and safety of his employees at work.
(3) The persons nominated by an employer on a health and safety committee shall be designated in writing (legal appointment letters) by the employer for such period as may be determined by him, while the SHE Reps shall be members of the committee for the period of their designation in terms of section 17.(1).
It is therefore vital that a company has the correct type and number of legal appointments to be part of the committee and keep their workplace safe. There are a number of appointees that need to be appointed in the workplace.
The safety officer should be responsible for the following:
Assessing the situation to determine whether an emergency exists requiring activation of your emergency procedures.
Supervising all efforts in the area, including evacuating personnel.
Coordinating outside emergency services, such as medical aid, first aid and local fire departments (if there is a fire for example), and ensuring that they are available and notified when necessary; and directing the shutdown of operations when required.
In addition to a coordinator, you may want to designate employees who attended the fire fighting course.
A Machinery Supervisor to deal with the safe operation of machinery. This can be something as simple as a gas bottle.
Assistant to the CEO to directly assist with health and safety. This role is usually attributed to the departmental heads.
It is compulsory to have a Health and Safety Representative, and this individual must be appointed in writing. Further health and safety committee members should also be appointed.
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Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section.
The number of health and safety representatives for a workplace or section thereof shall in the case of shops and offices be at least one health and safety representative for every 100 employees or part thereof, and in the case of all other workplaces at least one health and safety representative for every 50 employees or part thereof: Provided that those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the workplace where they so report for duty.
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The functions of the Health and Safety Representative:
> Review the effectiveness of health and safety measures
> Identify potential hazards and potential major incidents at the workplace - Risk Assessment
> In collaboration with his employer, examine the cause of incidents at the workplace
> Investigate complaints by any employee relating to that employee’s health or safety at work
> Make representations to the employer or a health and safety committee on matters arising from paragraphs (a), (b), (c) or (d), or where such representations are unsuccessful, to an inspector
> Make representations to the employer on general matters affecting the health or safety of the employees at the workplace
> Inspect the workplace, including any article, substance, plant, machinery or health and safety equipment at that workplace with a view to, the health and safety of employees at such intervals as may be agreed upon with the employer: provided that the health and safety representative shall give reasonable notice of his intention to carry out such an inspection to the employer, who may be present during the inspection
> Participate in consultation with inspectors at the workplace and accompany inspectors on inspections in the workplace
> Receive information from inspectors as contemplated in section 36; and
> In his capacity as a health and safety representative attend meetings of the health and safety committee of which he is a member, in connection with any of the above functions. 
First Aider Appointment:
Although not compulsory, it is highly advisable that a suitably trained first aid appointment is made. It is good practice to have at least 1 first aider available for every 50 people in a workplace. Where more than five employees are employed at a workplace, the employer of such employees shall provide a first aid box at or near the workplace which shall be available and accessible for the treatment of injured persons at the workplace.
Where more than 10 employees are employed at a workplace, the employer of such employees shall take steps to ensure that for every group of up to 50 employees at that workplace or in the case of a shop or an office as contemplated in the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983), for every group of up to 100 employees, at least one person is readily available during normal working hours, who is in possession of a valid certificate of competency in first aid, issued by: the SA Red Cross Society, the St. Johns Ambulance, the SA First Aid League Or a person or organisation approved by the Chief Inspector for this purpose. See more on First Aider Training
Incident Investigator to carry out investigations. This can be in addition to the health and safety representative, and this person must also be trained and appointed in writing. An inspector may investigate the circumstances of any incident which has occured at or originated from a workplace or in connection with use of plant or machinery which has resulted, or in the opinion of the inspector has resulted, in the injury, illness or death of any person in order to determine whether it is necessary to hold a formal investigation in terms of section 32.
Firefighter:
As per Occupational Health and Safety Act 85 of 1993, a person appointed as fire fighter / member of the firefighting team your duties will include, amongst others, the following:
> To assist the firefighting coordinator with the identification of any hazards and measures for the elimination, reduction or control of such hazards;
> In case of a fire alarm being raised, to immediately report to the firefighting coordinator, taking with you any previously identified firefighting equipment;
> To act strictly in accordance with any instructions given by the firefighting coordinator to fight such fires until this task can be taken over by the relevant emergency services; and
> On arrival of the emergency services to withdraw from the fire immediately and report back to the firefighting coordinator; any further instructions, even from the emergency services, will be channeled through and be given to you by the firefighting coordinator.
There is no specific number prescribed for firefighters – The number of firefighters appointed is determined by the risks in your workplace.
The common list of legal appointments ohs act can include a First Aider, Fire Fighter, Incident Investigator, SHE Rep, OHS Act for Management, Risk Assessor, ladder inspector, supervisor of machinery, principal contractor, scaffolding supervisor, and fire fighting co-ordinator.
It needs to be remembered that although there are specific legal appointments that are made, everyone that is employed carries responsibility in terms of health and safety. There are also basic health and safety procedures that everyone should be familiar with.
Comments (25)
Who supposed to chair statutory SHE meetings ? which legal appointment used to appoint an ENVIRONMENTAL OFFICER ?
2022-02-01 15:57:38.I please need to know if a GMR 2 appointee must be in full time or full time capacity before he can be appointed? DoL need not be notified of this in-house appointment unlike the requirements for the GMR2(1) Appointee. The real burning issue is the outsourcing of this function to someone who is not on an employer payroll and not regarded traditionally as an employee. After all the regulation stipulates that only an employee in a full-time capacity may be appointed in terms of this regulation. An employee is defined in the OHS Act as meaning any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person. In other words if you have a contractor who is full time on the premises / in a full-time capacity and is working under your direction and supervision then that person meets the definition of an employee in the Act and may be appointed in terms of this regulation. Is the above mentioned true? I f yes, where can I find out more regarding the GMR 2 appointment which needs to be a full time or full time on the premises/in a full time capacity? Many thanks
2019-09-16 10:16:31Thank you very much for this thought provoking question. If you then consider: GMR2(1) - In order to ensure that the provisions of the Act and these Regulations in relation to machinery are complied with, an employer or user of machinery shall, subject to this regulation, in writing designate a person in a full-time capacity in respect of every premises on or in which machinery is being used. It does not mention full time employed or contractor If the following requirement are met as stated in GMR2 they fulfill the minimum requirements of the act - a full-time capacity - then also depending on the power generated the appointed person would need to meet the following criteria “competent person” in relation to machinery, means any person who- (a) has served an apprenticeship in an engineering trade which included the operation and maintenance of machinery, or has had at least five years’ practical experience in the operation and maintenance of machinery, and who during or subsequent to such apprenticeship or period of practical experience, as the case may be, has had not less than one year’s experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (b) has obtained an engineering diploma in either the mechanical or electrotechnical (heavy current) fields with an academic qualification of at least T3 or N5, or of an equivalent level, and who subsequent to achieving such qualification has had not less than two years’ practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (c) is a graduate engineer and has had not less than two years’ post-graduate practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise and who has passed the examination on the Act and the regulations made there under, held by the Commission of Examiners in terms of regulations E5(2) of the regulations published under Government Notice R.929 of 28 June 1963; or (d) is a certificated engineer; However, if you reference this back to Section 17. Health and safety representatives. 17(4) - Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section. Here the Act clearly states it must be an employee who is employed in a full time. This being said a GMR2 can be either or...
2019-10-21 14:38:34.I please need to know if a GMR 2 appointee must be in full time or full time capacity before he can be appointed? DoL need not be notified of this in-house appointment unlike the requirements for the GMR2(1) Appointee. The real burning issue is the outsourcing of this function to someone who is not on an employer payroll and not regarded traditionally as an employee. After all the regulation stipulates that only an employee in a full-time capacity may be appointed in terms of this regulation. An employee is defined in the OHS Act as meaning any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other person. In other words if you have a contractor who is full time on the premises / in a full-time capacity and is working under your direction and supervision then that person meets the definition of an employee in the Act and may be appointed in terms of this regulation. Is the above mentioned true? I f yes, where can I find out more regarding the GMR 2 appointment which needs to be a full time or full time on the premises/in a full time capacity? Many thanks
2019-09-16 10:16:34The Competent Person (GMR2 (1) supervisor of machinery can be outsourced. The regulation does not say it must be a full time employee. It says it must be a person in a full-time capacity. “competent person” in relation to machinery, means any person who— (a) has served an apprenticeship in an engineering trade which included the operation and maintenance of machinery, or has had at least five years’ practical experience in the operation and maintenance of machinery, and who during or subsequent to such apprenticeship or period of practical experience, as the case may be, has had not less than one year’s experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (b) has obtained an engineering diploma in either the mechanical or electrotechnical (heavy current) fields with an academic qualification of at least T3 or N5, or of an equivalent level, and who subsequent to achieving such qualification has had not less than two years’ practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (c) is a graduate engineer and has had not less than two years’ post-graduate practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise and who has passed the examination on the Act and the regulations made thereunder, held by the Commission of Examiners in terms of regulation E5(2) of the regulations published under Government Notice R929 of 28 June 1963; or (d) is a certificated engineer; The regulation states that an employer or user of machinery shall, subject to this regulation, in writing designate a person in a full-time capacity in respect of every premises on or in which machinery is being used. If you see the word "employee", read it again until you stop hallucinating.
2022-01-02 07:10:54I need to understand the section of the Occupational Health and Safety Act or Regulations can we appoint the Artisan. What would be the main points in the letter of appointment.
2020-02-12 09:17:53Good day, thank you for the article. I need help in the local government sphere where in a municipality the Municipal Manager is the CEO,the HOD of Corporate Services the 16.2 appointee. Is the GMR2(1) appointee a legal requirement? and who would that be?
2020-02-18 11:26:38Hi, I would like to understand that if the GMR 2 appointee of numerous sites is based at head office (not on site - reading between the lines that this is ok), what are the requirements to fulfill the function of this role?
2022-02-09 11:10:19My question about the legal appointments is if there is a change in management, a new appointment (16.2), should all other appointments also change that was appointed by the previous 16.2, or can the appointments remain?
2022-08-16 11:42:07I have a GCC and a BSc Degree, my employer wishes to appoint me as GMR 2(1), how does he notify the department of my appointment? is there a form/template to be used? also who is it addressed to? Thank you advance.
2023-05-24 16:14:57Good Day Morena Thank you for your query via our website... Yes, there is an appointment letter for GMR 2(1), kindly follow this link, add item to CART, open CART at top of page, Complete the FORM and press COMPLETE ORDER, this is to purchase - once complete one of our Compliance Influencers will call you and assist with the Appointment Letter and also answer all your questions: https://www.mysafetyshop.co.za/Products/Supervision-of-Machinery-GMR-2-1-Appointment
2023-05-25 08:16:29Can you confirm. Can a company executive directors on executive commmitte, counsel meeting with CEO and boards as well as directors of independent business departments located at diff campuses, who also report to executive be both ohsa 16.2. As I understood cro can appoint any body, any number of ohsa 16.2to oversee safety in their directorate and business departments. To my knowledge you can have more than one tier level of ohsa 16.2. Also is their such an 8.1 appt for normal industries like research institutes. To my knowledge and experience 8.1 is invalid and don't exist in the normal ohsa act 85 of 1993.
2021-03-13 20:58:54Should Legal Appointments be updated annually?
2022-02-23 13:58:15Hi Monique Thank you for your comment. It is good practice to update Legal Appointments Annually... Also ensure refresher training is given as the Law changes often.
2022-04-13 10:52:15Hey Basil, updating legal appointments can be linked to the duration of mandatory training such as first aid or safety rep training. Why would you update this annually if the s16.2 appointee doesn’t change?
2024-07-17 12:29:01Hi Yvonne Updating legal appointments, such as those for first aiders or safety representatives, annually is crucial for several reasons, even if the Section 16.2 appointee (Assistant to the CEO) does not change. While the Section 16.2 appointee may not change, the dynamic nature of workplace safety, regulatory requirements, and the need for continuous improvement necessitate annual updates to legal appointments and training. This approach ensures that the organization remains compliant, prepared, and committed to maintaining a safe working environment.
2024-07-18 08:02:17Does a company with less than 20 employees require a 16.2? does a 16.2 require formal certifications?
2024-06-13 11:16:09Hello Sherri. Under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) (OHS Act), the appointment of a Section 16(2) appointee is not strictly dependent on the number of employees within a company. Yes, a company with less than 20 employees can still require a Section 16(2) appointee. The CEO (or the most senior executive) is automatically the Section 16(1) appointee, responsible for ensuring the company's compliance with the OHS Act. However, the CEO can delegate these responsibilities to one or more Section 16(2) appointees, regardless of the company's size. No, a Section 16(2) appointee does not necessarily require formal certifications. The OHS Act does not specify formal certification requirements for a Section 16(2) appointee. However, the appointee must be a competent person.
2024-06-14 07:48:57In the local government, which section obliges employer to appointment health and safety officer? I think the act is quite about the title of OHS Officer. Please assist!
2021-06-08 21:12:12Yes, the OHS Act is quiet on the appointment of a H&S Officer in all industries except Construction. That is why people ask questions about 8.1 appointments for research institutes. Everyone is trying to force the construction regulations into businesses where it does not belong.
2022-01-02 07:16:29This comment is incorrect and not fact: First Aider Appointment: Although not compulsory, it is highly advisable that a suitably trained first aid appointment is made. Please read GSR 3 which makes it mandatory to train and appoint a first aider. When posting about legal matters ensure you get it right.
2022-05-19 07:55:57Good Morning Colleagues, Questions: 1. can a section 16(2) appointee appoint branch managers as supervisors 8(2) appointees?
2024-10-01 10:03:54Good morning! In terms of the Occupational Health and Safety Act of 1993, a Section 16(2) appointee, who is typically responsible for health and safety within an organization, does have the authority to appoint other individuals to assist in fulfilling those responsibilities. However, the appointment of branch managers as Section 8(2) appointees (supervisors) would depend on the specific organizational structure and the competencies of the branch managers. The Section 8(2) appointee is responsible for ensuring that the provisions of the OHS Act are adhered to within their area of responsibility. It is essential that the appointed individuals possess the necessary knowledge, skills, and authority to effectively manage health and safety matters in their respective areas. Therefore, if the branch managers are competent and capable of fulfilling the responsibilities associated with the Section 8(2) appointment, then the Section 16(2) appointee can appoint them as such.
2024-10-02 08:05:28Who can a small business owner appoint as a ladder inspector for a five step A frame ladder?
2021-09-21 20:11:42Please could you maybe assist me with the following questions... 1. Does a employer needs to compensate his lwgal appointments. Ex safety rep. Fire dighter. Fist aider. 2. Does all safety poeple need to be registered by saiohs. 3.can a safety officer appointed an employ to do a risk assessment on hos behalf Thank you for your attention hereto Regards Lukas
2022-03-25 09:34:31Hello, How Senior Safety Officer is appointed , under which Act / Regulations of MHSA in Mining Industry pls?
2023-11-17 14:34:11Dear MF Kgaphola Thank you for your query via our comments page... Unfortunately we can only assist with the OHS ACT, we do not have resource for the MHSA...
2023-11-20 09:49:45Is the appointment of a fire fighter a required legal appointment? Regards Sydney
2019-04-13 19:18:33I'm requesting for ohs appointment letters list editable ones please(ALL)
2022-04-04 07:46:26Good day, please advise if a qualified firs aider bluntly refuses to serve as a first aider? What are the legal implications for both parties? Thanks in anticipation.
2023-04-27 17:41:18Hi There If one is to be appointed at a company,as the 8.2 supervisor of machinery,should this be at the commencement of employment(job offer),or can it happen any time during the tenure? Thanks in advance
2024-04-09 11:50:27Hi Brent The appointment of an 8.2 machinery supervisor can happen anytime during an employee's tenure. While the appointment can occur at any time, it's important to ensure the employee possesses the necessary qualifications and experience before formally taking on the role. In some instances, an employee might be performing the duties of a supervisor informally before being officially appointed. If this is the case, it's important to clarify their responsibilities and ensure they have the appropriate training and certifications to fulfil them effectively.
2024-04-10 07:23:08Always ensure quality training is provided to those you wish to appoint in certain roles
2022-04-12 14:56:23Test Reply
2022-04-12 14:58:31Awesome Read.
2022-04-13 11:17:02Good morning, I'm looking for the latest information/booklet containing examples/templates for OHS Act 85/1993 legal appointments with specific reference to the Construction Regulations. Can you please mail me info and costs ASAP? Kind regards
2021-05-17 08:50:10How can I be assisted with appointing the following people as in terms of labour Act,AND SAFETY HEALTH AND ENVIRONMENT TO mine related activities to be appointed as follows: 1.Executive Director 1.OPERATIONAL Director 2. Health Safety Officer. 3.Health Represntative 4.Bus Driver Supervisor 5.Drivers and what are the cost involved thereon. I personally want to attend Health SAFETY COURSE for job security sake I am Mr Loubscher Mohlakodishi (0795720221)
2023-12-07 15:51:28