Employers are charged with certain functions and responsibilities in terms of either the Occupational Health and Safety Act, 85 of 1993 ("OHSA") or the Mine Health and Safety Act, 29 of 1996 ("MHSA"). These acts assume that employers in certain industries or of a particular size is however unable to perform the functions itself and must therefore rely on an appointment structure, which consists of various managers and other appointed persons, to perform the functions and responsibilities which are entrusted to the employer in terms of either the OHSA or the MHSA, on behalf of the employer.
The employer must make certain legal appointments in accordance with the sections and regulations of either the OHSA or the MHSA in order to ensure legal compliance. It is not always necessary to appoint a person in terms of a specific section, unless the OHSA or MHSA requires same. It is however important to remember that letters of appointment should not be a mere paper exercise to pay lip service to formal legal compliance, but that the letters of appointment must be effective in order to add value to the company's health and safety management system, and in doing so ensure that the functions entrusted to the employer are performed and compliance is ensured.
Dariqua Quality Consultants can ensure that this legal requirement is addressed by compiling all the relevant appointments and ensure that the relevant personnel is appointed as set out in the Acts above.