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Contractors' Health and Safety Legal Appointments
Overview
In ensuring that a workplace remains healthy and safe, there are certain health and safety legal appointments required by a contractor. Every person in the workplace has a responsibility towards adopting safe working practices, wearing their PPE, complying with policies, standards, and rules, reporting unsafe conditions and acts, and numerous others.
There are, however, also certain persons who must be appointed in writing, with their legal responsibilities and duties indicated on their letter of appointment.
The following are legal appointments which are made by the client in terms of the Occupational Health and Safety Act 85 of 1993:
- The 16.1 Appointment which is carried by the person who is accountable for health and safety within the company.
- The 16.2 Appointment, which is carried by any person designated by the 16.1 appointee to perform and manage health and safety activities on their behalf.
- The 37.2 Agreement which is one between the company and a contractor/supplier for managing health and safety, and
- The 8.1 Appointment, which is any person designated by the 16.2 to provide a safe work environment.
The health and safety legal appointments that contractors/suppliers are provided with refer specifically to the 37.2 agreement and the 8.1 appointment, which will be discussed in the sections below.
The 37.2 Agreement
When considering that the employer, or client, has potential liability for the behaviour of their contractors and subcontractors, it is only logical for them to enter a similar agreement to regulate the relationship between the client and contractor.
The client may not have the necessary expertise or experience to carry out certain tasks and such an agreement is therefore essential to protect the interest of the contractor.
Where criminal liability is concerned as result of the contractor’s conduct, OHSA 37.1 makes provision for the possible liability of the client through the legal principle concerned with assistant responsibility.
The conduct of an employee who commits a criminal offence within the meaning of OHSA may, in specific circumstances, be attributed to an employer who, in turn, could be held responsible for such conduct.
However, Section 37.2 deals specifically with the behaviour of contractors and states that the provisions of Section 37.1 apply only if parties have agreed, in writing, with respect to the compliance to OHSA of the contractor.
Section 8 Appointee Responsibilities
The Section 8 appointee has the following responsibilities:
- To report any incidents and accidents in their department to the 16.2 appointment should contractors and/or employees be involved.
- To carry out the activities aligned with the provision of a working environment with the contractor/supplier which is safe. This allows for work to be completed more effectively and without incident. Any non-conformances must be reported to the health and safety committee of the organisation.
- Ensure that, with the 16.2 and the contractor controller, mandatory inspections are carried out and that they are not older than 3 months.
- To report on hazards and risks which are present in the contractor/supplier’s workplace to the 16.2 and for corrective action to be taken, and
- To support the 16.2 and the contract controller with investigations which relate to accidents and incidents which may have occurred.
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Comments (7)
Can someone please tell me a person have his own Paving Company and are the owner of the business but want to appoint himself as the 6.1, First Aider, Safety Rep, Fire Fighter, stacking and storage can he do this and who are going to sing his appointments.
2024-09-27 13:05:39Good day Pierre. In South Africa, under the Occupational Health and Safety Act, a person can appoint themselves to various health and safety roles within their own business, including as a 6.1 appointee (Chief Executive Officer), First Aider, Safety Representative, Fire Fighter, and for stacking and storage responsibilities. However, there are specific considerations to keep in mind: Self-Appointment: As the owner of the business, you can appoint yourself to these positions. However, it is essential to ensure that you meet the necessary qualifications and competencies required for each role, especially for positions like First Aider and Fire Fighter, which may require specific training and certifications. Appointment Letters: Each appointment should be documented with an official appointment letter. This letter should outline the responsibilities associated with each role and be signed by the appointee (yourself) and, if applicable, by another competent person within the organization. Compliance with Regulations: Ensure that your appointments comply with the relevant regulations and standards set out in the Occupational Health and Safety Act and any other applicable legislation. Training and Competence: It is crucial to have the necessary training and competence for the roles you are appointing yourself to, particularly for First Aid and Fire Fighting. This may involve completing specific training courses and obtaining certifications. Documentation: Keep a record of all appointments, including the appointment letters, training certificates, and any other relevant documentation. This will help demonstrate compliance during inspections or audits. In summary, you can appoint yourself to these roles, but ensure that you have the necessary qualifications, document the appointments properly, and comply with all relevant health and safety regulations.
2024-09-28 14:05:09Can someone please tell me a person have his own Paving Company and are the owner of the business but want to appoint himself as the 6.1, First Aider, Safety Rep, Fire Fighter, stacking and storage can he do this and who are going to sing his appointments.
2024-09-27 13:05:42Can someone please tell me a person have his own Paving Company and are the owner of the business but want to appoint himself as the 6.1, First Aider, Safety Rep, Fire Fighter, stacking and storage can he do this and who are going to sing his appointments.
2024-09-27 13:05:42Good afternoon, I want to find out. If you do an appointment letter for instance for a first aider and you have more than one first aider, can you put them both on the same appointment letter of must you do two separate appointment letters. As far as I know each one must have his own appointment but my director is arguing with me that you can put them all on one appointment letter. Can someone please assist with this. Regards,
2024-10-08 16:50:47Good day Corne In accordance with the Occupational Health and Safety Act, each appointed individual should ideally have their own appointment letter. This ensures clarity regarding their specific responsibilities and accountability in the role they are assigned. While it may seem practical to group multiple individuals under one appointment letter, doing so can lead to confusion regarding individual responsibilities and may not meet the legal requirements for clear documentation of appointments. Each first aider should have a separate appointment letter to ensure that their roles and responsibilities are clearly defined and understood.
2024-10-09 09:08:07Good morning Johann, Thank you very much for your reply. Regards,
2024-10-09 09:39:37Nice article
2022-11-16 14:06:47Dear Rubini Thank you for your time reading our blog... Your positive feedback is highly appreciated... For a FREE download kindly follow this link: https://www.mysafetyshop.co.za/Products/Free-Download---Employer-Contractor-H-S-Management-Programme
2022-11-17 12:26:45To report any incidents and accidents in their department to the 16.2 appointment should contractors and/or employees be involved.
2022-11-21 14:10:15Dear Aditya Thank you for your time reading our blog and your comment... Follow this link for the Principal Contractor Appointment: https://www.mysafetyshop.co.za/Products/Principal-Contractor-Appointment
2022-11-22 07:50:58Hi Can a 16.2 appoint himself as Ladder inspector or First Aider if he had the required training.
2023-08-23 19:28:08Good Day Christo Thank you for your query via our comments... Yes, I do not see a problem with that, training is naturally essential... Kindly follow this link to download the latest OHS Act e-book: https://www.mysafetyshop.co.za/Products/Free-Download---Occupational-Health-Safety-Act-OHS-Act-Book This might also interest you: https://www.mysafetyshop.co.za/Products/Free-Download---Competent-Person-Guideline
2023-08-24 08:17:39