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NOH&S Draft Bill. Section 11. Responsibilities of chief executive officer

(1)  The chief executive officer of every employer or person conducting a business or undertaking is responsible for ensuring that the employer, business or undertaking complies with its obligations in terms of this Act.

(2)  The chief executive officer –

(a)  may assign in writing any responsibility of the chief executive officer in terms of sub-section (1);

(b)  must ensure that any person who is assigned any responsibility has the means and capacity to comply with that responsibility;

(c)   must oversee and monitor the manner in which that person performs the assigned responsibility.

(3)  An assignment in terms of sub-section (2) does not derogate from the responsibility of a chief executive officer in terms of sub-section (1).

(4)  If the employer or person conducting a business or undertaking is a corporate body, the responsibilities of the chief executive officer in terms of sub-sections (1) and (2) may be performed by a member of the board of the body corporate, designated by the board.

(5)  This section does not relieve an employer or person conducting a business or undertaking of any of responsibilities imposed upon it by this Act. 

OHS Act Section 16. Chief executive officer charged with certain duties

(1)  (1) Every chief executive officer shall as far as reasonably practicable ensure that the duties of his employer as contemplated in this Act, are properly discharged.

(2)  (2) Without derogating from his responsibility or liability in terms of subsection (1), a chief executive officer may assign any duty contemplated in the said subsection, to any person under his control, which person shall act subject to the control and directions of the chief executive officer.

(3)  The provisions of subsection (1) shall not, subject to the provisions of section 37, relieve an employer of any responsibility or any liability under this Act.

(4)  For the purpose of subsection (1), the head of department of any department of State shall be deemed to be the chief executive officer of that department.

MHS Act Section 2A. Chief executive officer charged with certain functions

(1)  (1) Every chief executive officer must take reasonable steps to ensure that the functions of the employer as contemplated in this Act, are properly performed.

(2)  (2) Without derogating from any responsibility or liability of the chief executive officer in terms of subsection (1), the chief executive officer may entrust any function contemplated in the said subsection to any person under the control of the chief executive officer, which person must act subject to the control and directions of the chief executive officer.

(3)  (3) If the employer is a body corporate, the functions of the chief executive officer contemplated in subsections (1) and (2) may be performed by a member of the board of the body corporate designated by the board.

(4)  (4) Subsections (1), (2) and (3) do not relieve an employer of any duty imposed on employers by this Act.

(5)  (5) Every person appointed in terms of section 3 or 4(1) must perform their functions subject to the control and direction of the chief executive officer or the person contemplated in subsection (3).

NOH&S Draft Bill. Section 12. Appointment of health and safety director

(1) Every company, excluding a private company, must appoint one of its directors as a health and safety director.

(2) The health and safety director appointed in terms of sub-section (1) must –

(a) monitor on a regular basis –

(i) the implementation and effectiveness of the company’s health and safety management systems;

(ii) the health and safety performance of the company;

(b) ensure that the company’s management systems provide for effective reporting and monitoring of the company’s health and safety performance;

(c) report to the board on –

(i) any significant health and safety failure and on recommendations for changes to the company’s health and safety management systems;

(ii) the health and safety implications of any decisions of the board.

(3) The person performing the functions of the health and safety director may not be the chief executive officer or any person to whom a function of the chief executive officer in terms of section 11 has been assigned.

(4) The appointment of a health and safety director does not affect any duty or liability in respect of health and safety imposed on any director in respect of health and safety in terms of this Act or any other law. 

Definition of a CEO.

OHS Act. "chief executive officer", in relation to a body corporate or an enterprise conducted by the State, means the person who is responsible for the overall management and control of the business of such body corporate or enterprise'.

MHS Act. "chief executive officer" means the person who is responsible for the overall management and control of the business of an employer'.

NOH&S Draft Bill. '‘chief executive officer’ means the person who is responsible for the overall management and control of the business of an employer'.