For more information on the new OHS Act, click here.
The proposed amendment to the OHS Act, 1993, brings about a few changes for CEO’s of companies.
The CEO is now responsible for OHS compliance and cannot claim it is not practicable. It is not negotiable.
The penalty for failure to comply with this clause is R50 000
The CEO is also personally responsible for the OHS management system, where this applies.
The CEO may now IN WRITING delegate the duties of the employer to another person.
This has been standard practice for some time, but the function has changed. Assigning a duty is not the same as delegating a duty. A delegated duty is a controlled duty. In other words, the CEO still has to ensure that the delegated duty is performed. Hence the need to have it in writing.
And finally, the 16.2 pyramid has collapsed.
The practice of multilevel marketing type appointments from CEO to Regional MD, to Country MD to Branch Manager all under the smokescreen of the 16.2 assignment has now been outlawed.
The delegation have to come from the CEO as the only authorised person to make such a delegation.
Passing the Buck has stopped.
The CEO’s defense that a director or manager acted outside the scope of his or her authority is no longer a way out.
The removal of the reference to Section 37 removes any escape for the CEO if he or she fails to comply with the new provisions and a R50 000 administrative penalty can be issued during a routine inspection of the workplace as allowed for in the new Section 29(1)(i).