Professional Documents
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16(1).
If we look at a business with several levels of management (Example: General, Senior and Junior
Management) it quickly becomes clear that this situation is not as simples as it appears at first
glance.
In a business with several levels of management we need to consider the intent of legislature with
the 16(2) legal appointments. The intent of legislature is one of the approaches followed under the
objective approach in the wide interpretation of the law. The intent of legislature determined under
this approach is to have all managers in all areas/divisions in the company appointed to assist the
16(1) legal appointee who is ultimately responsible for health & safety in the organization. In
finalising this wide interpretation we need to determine under the subjective approach what we
need to do in our current situation to comply with the intent of legislature as determined under the
objective approach. This will mean that we allow one manager as 16(2) to appoint a manager
reporting to him as 16(2). The CEO however cannot appoint the latter 16(2) as he/she does not
report to the CEO, meaning he/she does not act subject to the direction and control of the CEO. One
should never be dogmatic in you interpretation and application of the law for the sake of saying you
are compliant in the formal sense of the word (paper exercise). The true intent of legislature should
be an important consideration.
Some disagree with this approach and will revert to the delegates non potest delegare principle.
This means "one to whom power is delegated cannot himself further delegate that power". This
principle however finds its application in Administrative Law.
Administrative law is the body of law that governs the activities of departments of government.
Government department action can include rulemaking, adjudication, or the enforcement of a
specific regulatory agenda. Administrative law is considered a branch of public law. It does however
not apply to the relationships/authorities in a private company or business.
There are several other mandatory legal appointments in the Act. The legal appointment letter itself
is important in showing that the employer has given a person a specific duty(ies) in terms of the Act
as required in section 8(2)(j).
Letters of appointment for each appointee must be clear and concise. Certain practical aspects must
be considered in letters of appointment, such as:
1. The area of appointment (scope and size),
2. The number of persons reporting to the particular appointee,
3. The scope and content of the duties,
4. The competence of the appointee to comply with the duties and responsibilities imposed on
him/her.
Should you need assistance in your legal appointment structure or appointment letters you can
contact Gerrit Augustyn at Gerrit.Augustyn@eoh.co.za or 087 405 1823.
http://eohlegalservices.co.za/legal-appointments-the-occupational-health-safety-act/