Let me be direct… Do you know the difference between a 16.1 and 16.2 appointment letter?
We speak about them often enough. And by now you should know by law you have to have them (OHS Act, section 16.1)
. If you don't you'll face penalties and fines from the Department of Labour.
But, do you actually know what the difference is?
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So what is a 16.1 appointment letter and who is it for?
The Section 16.1 appointment is for the Chief Executive Officer (CEO) of a company.
In some small to medium companies the owner is in charge of all activities. In a larger company where there is a board of directors, the board selects a person to be the Chief Executive Officer (CEO).
Section 16.1 of the OHS Act
basically says the CEO must do their duty as well as they possibly can, being reasonable and practical regarding the health and safety of their employees. It also says that the term 'employer' applies to them throughout the Act.
This simply means that the CEO is IT, when it comes to obeying the law and can't pass on his liability, accountability and responsibility onto anyone else.
But then who's the 16.2 appointment letter for?
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16.2 Appointment letter explained…
can't possibly be everywhere all the time. So he can appoint other people under his control to assist him
(usually a manager) in his duties and responsibilities. There can only be one Section 16.2 appointment.
If your company is very big and the CEO needs more than one; he can apply to the Occupational Health and Safety Minister for exemption (Section 40
) asking to appoint more than one person.
This means if there's a general manager and three senior managers responsible for three areas of work, the CEO will appoint the general manager as a 'Principle Section 16.2'. And appoint the senior managers as a 'Workplace Section 16.2'.
But, why do you need to know these differences?
Well, when it comes to disobeying the law these people would be first in line for the hot seat of the court in this order:
CEO – Section 16.1;
General Manager – Principle Section 16.2; and
Senior Manager – Workplace Section 16.2.
To get your hands on these ready-made appointment letters, and 63 others, order your Appointment Letters Toolkit today!
P.S If you want to learn more about legal appointments you need in your company, take a look at your Health and Safety Advisor.