Section 16(2) appointment letter (16.2 appointment)
A 16.2 appointment is the written letter in which a company's chief executive officer assigns his or her duties under the Occupational Health and Safety Act to another person, usually a director or senior manager, under section 16(2). The CEO stays responsible: section 16(2) lets them assign duties, not hand over liability. Clients and principal contractors ask for it in every safety file.
Section 16(1) makes the CEO personally responsible for seeing that the company meets its duties under the Act. In a company with several sites, one person cannot oversee everything, so the CEO appoints people under section 16(2) to carry out those duties, each for a defined area.
SafetyFileBuilder drafts the appointment from your company and project details, files the signed copy in the safety file, and reminds you to renew it when the person or the project changes.
By the SafetyFileBuilder team · Checked against the law on
What the Occupational Health and Safety Act says
“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.”
“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.”
What a 16.2 appointment letter usually contains
- The company, the CEO's name, and the appointee's name, position and ID or employee number
- That the appointment is made in terms of section 16(2) of the OHS Act
- The duties assigned, and where they apply (the company, a division, or named sites and projects)
- That the appointee acts under the CEO's control and directions
- The start date, and when the appointment ends or must be reviewed
- Signatures of the CEO and of the appointee accepting it, with the date
Every client is different: the AI works from your client's own list.
Also called
16.2 appointment · section 16(2) appointment · 16(2) appointment letter · CEO delegation
Your responsibility
SafetyFileBuilder helps you compile and keep your documents. It does not give legal or safety advice: check the requirements that apply where you work, and a competent person checks and signs what the AI drafts.
How to make the appointment
- Decide who will carry the duties: someone senior enough to make decisions and spend money on safety.
- Write down exactly which duties and which sites or projects the appointment covers.
- Have the CEO sign it and the appointee sign to accept it.
- Put a copy in every safety file it applies to, with the appointee's legal liability training if the client asks for it.
- Review it when the appointee, the CEO or the scope changes.
How SafetyFileBuilder helps
- Start a projectName the job. The AI asks where the work is and who the client is.
- Upload the client's requirementsTheir index, checklist or contractor standard. The AI sets up the headings to match.
- Add your documentsCertificates, medicals, licences, insurance, policies. The AI reads them, files each under the right heading and notes expiry dates.
- Let the AI draft the restScope of work, method statements and risk assessments, written for this job, for a competent person to check and sign.
- Hand it in, keep it currentDownload the finished file in the client's order. You're told before anything runs out.
No subscription: start with 100 free AI credits; your company, people, certificates and files are free to keep, and you buy more AI credits from US$5 and pay only for what the AI does. Available in 18 languages.
Questions
Does a 16.2 appointment transfer the CEO's liability?
No. Section 16(2) lets the CEO assign duties "without derogating from his responsibility or liability". The appointee becomes responsible for carrying out the duties; the CEO remains responsible for seeing they are carried out.
What is the difference between 16.1 and 16.2?
Section 16(1) is the CEO's own duty; it is not an appointment, though some clients ask for a 16.1 declaration signed by the CEO. Section 16(2) is the appointment of another person to carry out those duties.
Can there be more than one 16.2 appointee?
Yes. A company can appoint several people, each for a different division, site or project, as long as each appointment says clearly what it covers.
Does a 16.2 appointment expire?
The Act sets no period. It ends when the CEO withdraws it or the circumstances change; many clients ask for one signed for their project or recently reviewed.
More for the same file
- Contractor health and safety file: what goes in it and how to build one (South Africa: construction, mines, plants and factories)
- MHSA regulation 2.9.2 appointment (South Africa: mines (MHSA regulation 2.9.2))
- COIDA letter of good standing (South Africa: Compensation Fund (COIDA))
- Annexure 3 medical certificate of fitness (South Africa: Construction Regulations 2014)
- Section 37(2) agreement (mandatary agreement) (South Africa: OHS Act section 37(2))
- Baseline risk assessment for construction (South Africa: Construction Regulations 2014)