It is disquieting that many organizations are more concerned with appointments in writing than the fundamental content of the letters of such appointments. Energy is spent on whether the appointment letters contain the “correct” legal wording, or the specific legal reference that is quoted with regard to the relevant letter of appointment. These aspects should be of least concern.
It appears that certain people in industry, and even certain service providers in Occupational Health and Safety, still confuse the issue of “as is” or “voetstoots” with what is stipulated and intended with regard to section 10(4) of the OCCUPATIONAL HEALTHY & SAFETY ACT, no. 93, 1993. (OHS Act)
One of the most confusing aspects of the OHS Act, 1993 is the term “competent person”. The reason for this is that it is used with different intentions and in different contexts. As a result, the problem seems to lie largely with the legislature’s use of this term.