LOGO AND COMPANY LETTERHEAD

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Legal Assignment Construction Regulation CR5

Appointment Description Contractor

Full Name Mr/Ms Full Name

Designation Job Title

Employee Number Insert Number

Facility Site

Location Town/City/Area

Date Letter Date

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993:

ASSIGNMENT OF DUTIES TO CONTRACTOR

I am charged with the duty of ensuring compliance with the requirements imposed under Section 16 of
the Occupational Health & Safety Act 85 of 1993.

I hereby charge and assign you to assist me in the performance of my duties in terms and by authority of
Section 16 of the Act’s definitions and regulations.

You are to ensure that the Occupational Health & Safety Act 85 of 1993 and the regulations applicable
are complied with in your area of responsibility as per the sections of the act as listed at the end of this
document.

You may assign junior/senior persons who report to you, with the duty to assist you in your functions in
terms of Section 16 and the Construction Regulations. As they report to yourself, you are to give them
all the necessary training, assistance, support, authority and power to carry out their responsibility for
the implementation and sustainability of health and safety in terms of the Occupational Health & Safety
Act 85 of 1993 and its regulations.

You shall provide these appointees with access to the Occupational Health and Safety Act as well as the
organization’s HSE program documentation and information as is necessary and where required.

You are charged with reporting on the following issues:

 Deviations and areas of non-compliance (which you cannot rectify) to Insert Title – Immediately.
 Submitting a monthly report to Insert Title – Monthly

The monthly report shall consist of the following information and shall be submitted in the approved
format:

 Health and Safety Representative Inspections.

 Internal Inspections/Audits.
 Planned Task Observations.
 Task Analysis.
 Continuous Risk Assessments.
 Performance Measurement of Employees.
 Incidents (Near misses, Accidents, Illnesses, First Aid Treatments)
 Investigations
 Medicals (New employees, Scheduled medicals)
 Competency information (Drivers, First Aiders, Fire Fighters, HS Representatives etc)

Responsible Designation shall assume the responsibilities of this appointment in absentia of the
appointee.

Please confirm your acceptance of this assignment and understanding of the duties involved, by signing
the attached copy of this letter and returning it to me.

Yours faithfully

________________________________________________
Occupational Health and Safety Act – Section 16.1
Mr/Ms Full Name
Designation
For and on behalf of Company Name

Attached are the relevant legal references for this appointment, ensure that you familiarise yourself
with the legal requirements of the Occupational Health and Safety Act 85 of 1993 (OHSA):
Appendix 1: Section 8: General Duties of Employers to their Employees
Appendix 2: Section 9: General Duties of Employers and Self-Employed Persons to
Persons other than their Employees
Appendix 3: Section 10: General Duties of Manufacturers and others regarding
articles and substances for use at work
Appendix 4: Section 11: Listed Work
Appendix 5: Section 12: General Duties of Employers regarding Listed Work
Appendix 6: Section 13: Duty to Inform
Appendix 7: Section 14: General Duties of Employees at Work
Appendix 8: Section 15: Duty not to interfere with, damage or misuse
Appendix 9: Section 16: Chief Executive Officer Charge with Certain Duties
Appendix 10: Section 17: Health and Safety Representatives
Appendix 11: Section 18: Functions of Health and Safety Representatives
Appendix 12: Section 19: Health and Safety Committees
Appendix 13: Section 20: Functions of Health and Safety Committees
Appendix 14: Section 26: Victimization Forbidden
Appendix 15: Section 31: Investigations
Appendix 16: Section 38: Offenses, penalties and special orders of the court
Appendix 17: Regulations All regulations pertaining to your operations

This appointment is made in compliance with national and/or international standards:

National and International Standards
ISO9001 Quality Management Systems
ISO14001 Environmental Management Systems
OHSAS18001 Health and Safety Management Systems
SANS Standard Act 29 of 1993
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Atmospheric Pollution Prevention Act 45 of 1965
Environment Conservation Act 73 of 1989
Hazardous Substances Act 15 of 1973
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National Environmental Management Act 107 of 1998

You are required to acknowledge your confirmation of training and your acceptance of the
responsibilities and implications of this appointment. Please initial each statement if you agree with the
content.

Confirmation and Acceptance Initials

I confirm that I have received adequate training in the assigned responsibilities and duties
required of me.
I confirm that I have read and understood the assigned responsibility as defined in this letter
of appointment.
I confirm that I accept the legal implications of legislation, regulations and standards listed
above and confirm my intention to comply with all the relevant requirements.
I understand the relevance of the legislative and other requirements to my appointment and
confirm my acceptance and undertaking of the assigned responsibilities and duties involved.

Signed Date

Designation Date

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