This appointment commences on [Date] and remains in force until revoked in writing. A formal review of this appointment’s adequacy will occur on [Date, max 12 months].
The Most Dangerous Letter in Your Business: Drafting the OHS Act Section 16.1 Appointment Letter
☐ The [e.g., Main Assembly Warehouse, Building B] ☐ Specific Process: [e.g., Lockout/Tagout for Hydraulic Press #4] ☐ Specific Shift: [e.g., Night Shift, 22:00 – 06:00]
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
Signature: ____________________ Name: ____________________ Date: ____________________
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) 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. This appointment commences on [Date] and remains in
____________________ Appointment Number: OHS/16.1/202X/___
a) Conducting formal documented inspections of [specific equipment/area] at least [frequency, e.g., weekly]. b) Stopping any work activity that presents a danger that cannot be immediately corrected, and reporting such stop-work order to [Named Supervisor] within 1 hour. c) Investigating minor incidents (first aid only) and submitting a written report to the Safety Manager within 48 hours. d) Enforcing the use of [specific PPE, e.g., full-face respirators] in Zone A.
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.” OHS Acts vary by country and state (e
Here is the template. Below it, we dissect each clause. [Company Letterhead]
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?