Section 16 Legal Appointments Explained for Construction Sites

Why Section 16 appointments matter

Legal appointments make responsibility visible. They help a business show who has authority, who has accepted a duty and how health and safety responsibilities are carried into the worksite.

The appointment letter should match the actual organisation and project. A copied title without authority, competence or a defined reporting line can create confusion when the team needs to act quickly.

Section 16(1) and Section 16(2)

Section 16(1) places the employer-level responsibility with the chief executive or equivalent accountable authority. Section 16(2) allows duties to be assigned to another person in the organisation, while the underlying accountability is not simply erased by delegation.

The exact appointment structure depends on the organisation, project scope and applicable regulations. Confirm the final wording and authority with the responsible health and safety professional or legal adviser.

• Identify the accountable authority and record the appointment in writing.
• Define the delegated duties, limits of authority and reporting relationship.
• Confirm the appointee has the competence, resources and time needed for the role.
• Keep signed appointments with the organogram and supporting competency evidence.
• Review appointments when the project scope, workforce or reporting structure changes.

A practical appointment review

Before issuing a letter, compare the role against the project activities, workforce and equipment. Check that the organogram, risk assessments and appointment duties describe the same chain of command.

Mumbi Safety can help organise project roles and generate a consistent safety file package, but the responsible employer remains accountable for confirming the appointment structure and signatures.