Legal Appointments Under the OHS Act: The Complete 2026 Guide for South African Employers

Why Legal Appointments Matter

Under the Occupational Health and Safety Act (OHSA), Act 85 of 1993, employers in South Africa are legally required to make specific appointments to ensure workplace health and safety. Failure to make these appointments — or making them incorrectly — can result in criminal prosecution, fines, and even imprisonment.

Despite this, many South African employers remain unclear on exactly which appointments they need, who qualifies, and what documentation is required. This guide covers every critical appointment in detail.

Section 16(1): The CEO Appointment

The most fundamental appointment under the OHSA. Section 16(1) establishes that the Chief Executive Officer (CEO) — or the person in overall control of the business — bears ultimate responsibility for health and safety.

Key Points

• This appointment is automatic — it exists by virtue of the person's position
• The CEO cannot delegate this ultimate accountability (though they can assign duties under Section 16(2))
• Applies to every employer, regardless of size
• The CEO must ensure that the organisation has adequate resources, policies, and systems for health and safety

Common Mistake

Many employers believe they can simply appoint a safety officer and absolve themselves of responsibility. The OHSA makes it clear: the CEO remains personally liable.

Section 16(2): Assigned Duties

Section 16(2) allows the CEO to assign specific health and safety duties to other managers or employees. This is the mechanism by which safety responsibilities are distributed throughout an organisation.

Requirements for a Valid 16(2) Assignment

• Must be in writing
• The assigned person must have the authority and resources to carry out the duties
• The person must accept the assignment (sign the appointment letter)
• The assigned duties must be clearly defined
• The CEO retains ultimate accountability — assignment does not equal absolution

Who Should Receive 16(2) Assignments?

• Operations managers
• Site managers
• Department heads
• Plant managers
• Any person with supervisory responsibility

Section 17: Health and Safety Representatives

Section 17 requires employers with 20 or more employees to appoint Health and Safety Representatives.

Ratio Requirements

• Minimum of 1 representative for every 50 employees (or part thereof)
• For workplaces with 20–49 employees: at least 1 representative
• The Minister of Labour can prescribe different ratios for specific industries

Who Can Be Appointed?

• Must be a full-time employee (not a contractor)
• Must be nominated or elected by fellow employees
• Should work in the area they represent
• Must have adequate knowledge and training — this is where qualifications like the NEBOSH IGC or SHE Representative course become essential

Functions of a Health and Safety Representative

• Review the effectiveness of health and safety measures
• Identify potential hazards and report them
• Investigate incidents in collaboration with the employer
• Inspect the workplace at agreed intervals
• Attend Health and Safety Committee meetings
• Represent employees on health and safety matters

Section 19: Health and Safety Committees

Where two or more Health and Safety Representatives have been appointed, the employer must establish a Health and Safety Committee.

Committee Composition

• All designated Health and Safety Representatives
• Employer-nominated members (should not outnumber worker representatives)
• The committee should elect its own chairperson

Functions

• Make recommendations to the employer on health and safety matters
• Discuss incidents, near-misses, and audit findings
• Review risk assessments and safe work procedures
• Monitor compliance with health and safety policies
• Meet at least once every three months (best practice is monthly)

Section 8: General Duties of Employers

While not a specific "appointment," Section 8 creates obligations that require competent persons to fulfil:

• Providing and maintaining a safe working environment
• Eliminating or mitigating hazards
• Providing information, instruction, training, and supervision
• Ensuring articles and substances are used safely
• Establishing health and safety policies (for employers with 20+ employees)

The Competency Requirement

The OHSA repeatedly references "competent persons." To demonstrate competency, employers should ensure their appointed persons hold recognised qualifications such as:

• NEBOSH IGC — internationally recognised health and safety management
• NEBOSH International Diploma — for senior safety roles
• HIRA Training — hazard identification and risk assessment
• SHE Representative Training — for Section 17 appointees

General Safety Regulations: Additional Appointments

Beyond the OHSA itself, the General Safety Regulations prescribe additional appointments:

First Aid Appointments (General Safety Regulation 3)

• Every employer must appoint a sufficient number of first aiders
• First aiders must hold a valid first aid certificate (Level 1, 2, or 3)
• The number of first aiders depends on the nature of the work and number of employees
• First aid certificates must be renewed every 3 years

Incident Investigation

• Employers must investigate all incidents that result in injury, illness, or death
• A competent person must be appointed to lead investigations
• Incident Investigation Training is essential for these appointees

Fire Safety

• Employers should appoint fire marshals or fire wardens
• Fire risk assessments must be conducted
• Emergency evacuation procedures must be established and practised

Construction Regulations 2014: Specialised Appointments

Construction sites require additional appointments under the Construction Regulations:

Construction Health and Safety Officer

• Required on all construction sites
• Must be a competent person with relevant training
• Reports to the principal contractor

Construction Supervisor

• Must be appointed for every construction activity
• Responsible for day-to-day safety supervision

Construction Manager / Site Agent

• Responsible for overall site management
• Must be competent in construction health and safety

Risk Assessor

• Must conduct risk assessments before work commences
• Must be trained in HIRA methodology

Fall Protection Planner

• Required where work at height occurs
• Must develop and implement the fall protection plan

Common Compliance Failures

Based on Department of Employment and Labour inspection trends, the most common failures include:

1. No Section 16(2) assignments — duties not formally assigned in writing
2. Insufficient SHE Representatives — not meeting the 1:50 ratio
3. Expired first aid certificates — failing to renew every 3 years
4. No Health and Safety Committee — despite having 2+ representatives
5. Unqualified appointees — persons lacking formal training or qualifications
6. Missing appointment letters — verbal appointments without written documentation
7. No risk assessments — failing to conduct baseline and issue-based assessments
8. Outdated health and safety policy — policy not reviewed annually

Penalties for Non-Compliance

The OHSA prescribes serious penalties for non-compliance:

• Section 38 offences: Fines up to R100,000 or 2 years imprisonment (or both)
• Section 39 offences (serious): Fines up to R200,000 or 2 years imprisonment (or both)
• Repeat offences: Penalties can be doubled
• Director liability: Under Section 37, directors can be held personally liable

How to Get Compliant: A Step-by-Step Approach

1. Audit your current appointments — identify gaps against the requirements above
2. Train your appointees — ensure they hold recognised qualifications (NEBOSH IGC, HIRA, SHE Rep)
3. Document everything — formal appointment letters, signed acceptance, duty descriptions
4. Establish committees — set up and minute regular Health and Safety Committee meetings
5. Review annually — appointments should be reviewed when staff change or annually at minimum

How OHS Compliance Group Can Help

We offer all the training your appointed persons need:

• NEBOSH IGC — the gold standard for Section 16(2) assignees and safety officers
• SHE Representative Training — for Section 17 appointees
• HIRA Training — for risk assessors and construction appointments
• Incident Investigation — for persons responsible for Section 24 investigations
• ISO 45001 Lead Auditor — for internal audit and management system appointments

With 60,000+ professionals trained and an Exam preparation and tutor support, we ensure your team is not just appointed — but genuinely competent.