Signature: ____________________ Name: ____________________ Date: ____________________
Download the template above. Replace the bracketed text with your actual hazards, your actual budget, and your actual names. Then sign it knowing that you have just built one of the most important legal documents your business will ever hold.
The Most Dangerous Letter in Your Business: Drafting the OHS Act Section 16.1 Appointment Letter ohs act 16.1 appointment letter template
NOW THEREFORE, the Employer hereby appoints the Appointee to act as the designated representative for the following specific functions.
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? The Most Dangerous Letter in Your Business: Drafting
I acknowledge receipt of this letter and agree to fulfill the duties described within my scope of competence. Signature: ____________________ Date: ____________________
WHEREAS the Employer is legally obligated to ensure a workplace that is safe and without risk to health; WHEREAS the Employer cannot personally perform all required duties; WHEREAS the Appointee has demonstrated competence as defined by [Regulation/Standard, e.g., OHS Regulation 5.1]; And when an incident occurs, the prosecutor will
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.
If you are a CEO, Managing Director, or sole proprietor, you cannot personally sign off on every risk assessment, every confined space entry, or every lockout/tagout procedure. You have to delegate. But under the Occupational Health and Safety Act (specifically Section 16.1), when you delegate a duty, you do not delegate the liability.