Managers and supervisors can carry real occupational health and safety responsibilities even if they are not the company owner or CEO. If you control employees, issue work instructions, supervise activities or have been assigned OHS duties, you may be expected to take reasonable steps to prevent unsafe work and enforce the company’s health and safety requirements.

A legal appointment does not create all of your responsibilities from nothing. Many duties already arise from the work you control, the authority you exercise and the Occupational Health and Safety Act itself.

Why managers and supervisors need to understand OHS liability

Many managers assume occupational health and safety is the responsibility of the safety officer. That is incorrect.

The safety officer may advise, inspect, report and help maintain the OHS system, but line management still controls what work employees perform, how it is done, which equipment is used, whether unsafe work is stopped and whether corrective actions are completed.

1. What does the OHS Act require from the employer?

Section 8 of the Occupational Health and Safety Act places a general duty on every employer to provide and maintain, as far as reasonably practicable, a working environment that is safe and without risk to employees.

• Safe systems of work;
• Safe plant and machinery;
• Identifying hazards;
• Eliminating or controlling risks;
• Providing information, instruction, training and supervision;
• Preventing unsafe work; and
• Ensuring legal requirements are implemented.

2. What is a Section 16(1) responsibility?

Section 16(1) requires every chief executive officer, as far as reasonably practicable, to ensure that the duties of the employer under the OHS Act are properly discharged.

This is commonly called the Section 16(1) responsibility.

3. What is a Section 16(2) appointment?

Section 16(2) allows the chief executive officer to assign OHS duties to a person under the CEO’s control.

This is commonly used for:

• Divisional managers;
• Regional managers;
• Branch managers;
• Plant managers;
• Operations managers; and
• Other senior managers with control over part of the business.

The purpose is practical: a CEO cannot personally supervise every branch, site, workshop and department.

4. Does a Section 16(2) appointment transfer all liability?

No. Section 16(2) allows duties to be assigned, but Section 16 specifically preserves the CEO’s underlying responsibility and liability.

The person accepting assigned duties may also become accountable for failing to perform those duties properly.

5. What does this mean for a manager?

A manager should understand:

• The exact area under their control;
• The employees reporting to them;
• The hazards in that area;
• The legal requirements that apply;
• The appointments required;
• The inspections and audits required;
• The training employees need;
• The resources needed to correct hazards;
• How incidents are reported and investigated; and
• When unsafe work must be stopped.

6. What about supervisors who are not Section 16(2) appointees?

A supervisor does not need a Section 16(2) letter before safety responsibilities exist.

If a supervisor controls employees and work activities, that supervisor still has an important role in implementing the employer’s duties.

• Giving safe work instructions;
• Checking that employees are trained;
• Ensuring PPE is worn;
• Stopping unsafe work;
• Completing inspections;
• Reporting hazards;
• Enforcing safe-work procedures; and
• Escalating unresolved defects.

7. Can a manager say “health and safety is the safety officer’s job”?

No. A safety officer provides specialist support, but cannot take over the operational authority of line management.

For example, if a safety officer identifies that a machine guard is missing, the production manager or supervisor may still need to stop the machine until the defect is corrected.

Related article: Safety Representative vs Safety Officer: What Is the Difference?

8. What does “reasonably practicable” mean?

In simple terms, this requires consideration of:

• The severity of possible harm;
• The likelihood of the hazard causing harm;
• What is known or should be known about the hazard;
• What controls are available and suitable; and
• The cost of those controls relative to the risk.

9. Can a manager be liable for doing nothing?

Potentially, yes. OHS failures often arise because someone with authority knew about a hazard and failed to act.

• Ignoring a missing machine guard;
• Allowing an untrained employee to operate equipment;
• Permitting unsafe work at height;
• Ignoring expired medicals or training;
• Failing to enforce lockout procedures; or
• Failing to close serious audit findings.

10. Does signing an appointment automatically make someone liable?

No. Liability is not determined by the appointment letter alone.

The actual facts matter, including what duties were assigned, what authority the person had, what they knew or should have known, what resources were available and what action they took.

11. Can a manager refuse a legal appointment?

An employee should not sign an appointment they do not understand.

Before accepting, confirm:

• The scope of responsibility;
• The geographical area covered;
• The departments covered;
• The authority to stop unsafe work;
• The authority to instruct employees;
• The budget or escalation process;
• The reporting structure; and
• The support and training available.

12. What should a proper Section 16(2) appointment contain?

• The appointee’s name and position;
• The legal basis for the appointment;
• The area of responsibility;
• The duties assigned;
• The authority granted;
• The reporting line;
• The effective date;
• The CEO’s signature; and
• The appointee’s acceptance.

13. What duties should managers actively monitor?

• Risk assessments;
• Legal appointments;
• Training and competence;
• Medical fitness where applicable;
• Plant and equipment inspections;
• PPE requirements;
• Safe-work procedures;
• Contractor compliance;
• Incident investigations;
• Emergency preparedness;
• Audit findings; and
• Corrective-action close-out.

14. What is the role of the supervisor?

The supervisor is often the person closest to the work. A strong OHS system depends on supervisors checking that what is written in procedures and risk assessments actually happens on the floor.

15. What about employees themselves?

Section 14 of the OHS Act also places duties on employees. Employees must take reasonable care for their own health and safety and that of others, cooperate with the employer, obey lawful safety instructions and report unsafe conditions.

16. Can a company outsource OHS responsibility?

A company can outsource specialist OHS services, but it cannot outsource its statutory responsibility as employer.

An external consultant can assist with audits, risk assessments, OHS systems, training, safety files, procedures and contractor management. Management must still act on the findings and enforce the controls.

17. What happens if management ignores an OHS recommendation?

Not every recommendation automatically creates a legal offence, but management should evaluate the risk and applicable legal requirement.

A good management response should record the issue, risk level, immediate controls, responsible person, target date and proof of close-out.

18. Common mistakes managers make

1. Signing appointments without reading them

The manager accepts duties without understanding the scope.

2. Believing the safety officer carries all liability

Operational managers stop taking ownership of hazards under their control.

3. Responsibility without authority

A person is told to ensure compliance but cannot stop work, approve repairs or escalate costs.

4. Failing to follow up

Hazards are reported repeatedly but no one tracks corrective actions to completion.

5. Relying only on paperwork

The file is compliant, but actual work practices are unsafe.

6. Allowing unsafe work to continue

Production pressure is given priority over an obvious serious risk.

19. Manager and supervisor OHS liability checklist

• Understand your OHS responsibilities.
• Read every legal appointment before signing.
• Confirm the exact area under your control.
• Ensure you have adequate authority and resources.
• Know the main hazards in your area.
• Verify that risk assessments are current.
• Confirm employees are trained and competent.
• Ensure required inspections take place.
• Act on unsafe conditions immediately.
• Stop work where serious danger exists.
• Escalate issues you cannot resolve.
• Record corrective actions and close them out.
• Review incidents and near misses.
• Monitor contractor compliance.
• Keep evidence of actions taken.

Frequently asked questions

Who is the Section 16(1) person?

The Section 16(1) responsibility rests with the chief executive officer responsible for the overall management and control of the business.

What is a Section 16(2) appointment?

It is an assignment of OHS duties by the chief executive officer to a person under the CEO’s control.

Does a Section 16(2) appointment remove the CEO’s liability?

No. Section 16 expressly states that assigning duties does not remove the CEO’s underlying responsibility or liability under Section 16(1).

Can a supervisor be liable without a Section 16(2) appointment?

Yes. Supervisors still have operational responsibilities arising from the work and employees they control, company procedures, instructions and other provisions of the OHS Act.

Is the safety officer responsible for all workplace safety?

No. The safety officer supports the OHS system, but managers and supervisors retain responsibility for activities and employees under their control.

Can OHS responsibilities be outsourced?

Specialist OHS services can be outsourced, but the employer cannot outsource its statutory duties.

Related articles and services

• Health and Safety Courses
• Safety Representative vs Safety Officer: What Is the Difference?
• The Role of a Safety Officer Explained
• What Is a HIRA? Risk Assessment Under OHSA Explained
• Who May Be Appointed as a Health and Safety Representative?

Legal references

• Occupational Health and Safety Act 85 of 1993 — Sections 8, 14, 16 and 37

This article provides general information and does not constitute legal advice. The duties and potential liability of a particular manager or supervisor depend on the person’s actual role, authority, assigned duties, workplace circumstances and applicable legislation.