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Moderator: Andrec

Posts: 2
Joined: 11 Sep 2018, 14:22


Unread post by NancyO » 11 Sep 2018, 14:52

I need clarity regarding legal appointments in a company that has several inter-related divisions.
Company A has many employees and thus appointing the 16(2) and other legal appointees is not a problem.
Company B only has a few lower level employees.
Some staff at Company A, although officially employed by Company A, have responsibilities for and perform duties for Company B - for example the Operations Manager. I assume that he cannot be appointed the S16(2) as he is not employed by Company B. The problem is that there is no-one employed by Company B sufficiently competent to be a S16(2) appointee.

Both companies operate from the same premises and use common facilities.

What is the best way forward?

Posts: 6
Joined: 10 Oct 2018, 12:58


Unread post by etiennedo » 10 Oct 2018, 14:28

Hello There,

Let's get the topic rolling...

The picture needs more colour. But with the info at hand let talk..
What does the OHS Act say regarding one person being appointed as a Sect 16(2) over two workplaces?
in my view and experience, you do not have to be employed to be appointed.
i would say Company A has his legal appointees, and if the Act allows, company B Appoints certain necessary persons for that specific geographical area/activities from company A. (Certain appointments may need special permission from the chief inspector to be appointed as a responsible person at more than one workplace/areas/companies)

In short, if Pete is a safety officer at Company A, he may be appointed as safety officer for Company B, on a Company B format by the Company B Legal appointee. The issues comes in that the appointee must be able to fulfill his duties etc, irrespective what appointments that might be..

let's here what others have to say..

Posts: 2
Joined: 11 Sep 2018, 14:22


Unread post by NancyO » 12 Oct 2018, 09:16

Thanks for the input.

I was looking for clarity on whether a person can be appointed for a company other than that which they are employed by.

Can Pete be appointed by Company A and can his letter of appointment say that he is also responsible for certain activities of Company B.
All the written procedures will reference Company A and B as some of the activities overlap.

What appointments would need special permission from the chief inspector - there is no requirement for a GMR 2 at either company.

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