A vague letter says: “I don’t care about the details.” A specific, resourced letter says: “I have thought about the hazards, and I have empowered you to fix them.”
Disclaimer: This post is for informational purposes and does not constitute legal advice. OHS Acts vary by country and state (e.g., South Africa’s OHSA, Canada’s COHS, UK’s HSWA). You must consult a qualified OHS attorney to adapt this template to your specific jurisdiction and industry. ohs act 16.1 appointment letter template
Section 16.1 of the OHS Act (the exact numbering varies slightly by jurisdiction—e.g., Canada’s COHS Section 16.1, or similar provisions in South Africa, the UK, and Australia) is the provision that allows an employer to appoint a competent person to assist in fulfilling legal duties. However, the courts have ruled repeatedly: A vague appointment letter is no appointment at all. A vague letter says: “I don’t care about the details
If your “appointment letter” is a three-line email saying, “You’re the safety guy, go fix it,” you haven’t appointed a representative. You’ve created a scapegoat. And when an incident occurs, the prosecutor will ask one question: What exactly were they appointed to do? Section 16
Download the template above. Replace the bracketed text with your actual hazards, your actual budget, and your actual names. Then sign it knowing that you have just built one of the most important legal documents your business will ever hold.
a) Approve budget expenditures for safety equipment. b) Hire or fire employees for safety violations (may only recommend). c) Assume responsibility for engineering controls or structural building safety.
Why a vague appointment letter can land you in criminal court—and how to draft one that builds a fortress of compliance. Introduction: The Pen is Mightier Than the Prosecution In occupational health and safety (OHS) law, paper is not bureaucracy. Paper is liability.