Every business owner or CEO knows that running a business is a constant juggling act of competing priorities and complex responsibilities. Your time is split between steering the company’s wider vision and strategy, managing people, seeking new opportunities, evaluating threats, and reviewing financial reports — and that’s just the tip of the iceberg.
In the face of building a sustainable business that both employees and customers can rely on, worrying about whether your business complies with the legislation and regulations laid out by the Occupational Health and Safety (OHS) Act 85 of 1993 may seem like a low priority. Unfortunately, non-compliance with the OHS Act can have serious consequences for your business — and for you.
The employer is ultimately responsible for the health and safety of their employees while at work.
According to the OHS Act, all employers have a legal duty to provide a working environment that is safe and without risk to employees. In particular, the employer must do what is necessary to eliminate, control, or mitigate all hazards associated with the work performed.
Should a severe accident take place in the workplace, a finding of non-compliance or negligence on the employer’s part can result in serious consequences, including criminal liability, shutdowns, fines of up to R100,000, or even two years in prison.
The OHS Act charges the CEO with certain health and safety duties.
Section 16 of the OHS Act clarifies that the CEO is responsible for making sure that the employer complies with the duties and responsibilities laid out by the Act:
16. Chief executive officer charged with certain duties
(1) Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his employer as contemplated in this Act, are properly discharged.
(2) Without derogating from his responsibility or liability in terms of subsection (1), a chief executive officer 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 chief executive officer.
(3) The provisions of subsection (1) shall not, subject to the provisions of section 37, relieve an employer of any responsibility or liability under this Act.(4) For the purpose of subsection (1), the head of department of any department of State shall be deemed to be the chief executive officer of that department.
A Health and Safety Officer can look after the CEO’s health and safety duties and responsibilities by acting as a 16.2 Appointee.
Section 16.2 above makes provision for the CEO to nominate someone to represent them and manage the company’s health and safety systems on their behalf. This effectively takes day-to-day health and safety management activities off the CEO’s plate. (Note that in this scenario, the CEO is still required to direct the 16.2 Appointee, and still ultimately remains responsible and accountable for health and safety.)
In high-risk industries or large organisations, a Health and Safety Officer is the ideal candidate to fill a 16.2 Appointee role. Trained Health and safety Officers are well-versed in the requirements of the OHS Act, equipped to plan and implement health and safety management systems, and should hold certificates in First Aid, Evacuation Planning, and Firefighting.
What are a Health and Safety Officer’s duties and responsibilities as a 16.2 Appointee?
Health and Safety Officers (also sometimes known as Health and Safety Practitioners) perform the following duties:
- Setting annual health and safety objectives and goals
- Assisting in determining and managing the health and safety budget
- Developing and implementing health and safety policies, procedures, organograms, and appointment letters
- Developing and implementing the emergency response plan
- Conducting risk assessments and implementing controls to address identified hazards and risks
- Assisting the Health and Safety Team with incident and accident investigations
- Keeping the health and safety team training and supporting matrix up to date
- Working with HR to develop and implement staff health and safety induction programmes
- Keeping employees informed regarding health and safety initiatives and strategies
- Ensuring that contractors and visitors have completed health and safety agreements and requirements
- Assisting in filling out and keeping track of workmen’s compensation forms or incident investigation paperwork, etc.
- Ensuring compliance with the OHS Act
A Health and Safety Officer is an invaluable addition to your management team.
16.2 Appointees don’t just give CEOs peace of mind. They provide a host of legal, moral, and financial benefits to the business, and ultimately help keep your most valuable assets — your employees — safe.
Our affordable 10-day Health and Safety Officer training provides delegates with all the practical skills and theoretical knowledge they need to effectively manage health and safety at work, including conducting risk assessments, ensuring compliance with the OHS Act, managing your Health and Safety Team, and more. Contact us for more information or to book a course.
