OHS Act Section 16: Chief Executive Officer Responsibilities Under the Occupational Health and Safety Act
Is Workplace Safety Really the CEO's Responsibility?
When most people think about workplace health and safety, they picture supervisors, safety officers, managers or employees wearing PPE on site. Rarely do they think about the person sitting in the boardroom.
However, the Occupational Health and Safety Act makes one thing very clear—workplace safety starts at the very top of the organisation.
Section 16 of the Occupational Health and Safety Act places a direct legal responsibility on every Chief Executive Officer (CEO) to ensure that the employer complies with the Act. This means health and safety is not simply an operational function delegated to the Health and Safety Department. It is a leadership responsibility.
If the organisation fails to comply with health and safety legislation, accountability ultimately reaches the CEO.
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Why Does Section 16 Exist? Health and safety culture is created by leadership. Employees take their cues from management. If senior leadership demonstrates that safety is important, invests in resources, and expects compliance, the rest of the organisation is far more likely to follow. Conversely, when leadership ignores safety, corners are cut, maintenance is delayed, training is neglected, and incidents become far more likely. Section 16 exists to ensure that occupational health and safety receives the same level of attention as finance, production, quality and legal compliance. What Does Section 16 Require? Section 16(1) states that every Chief Executive Officer must, as far as is reasonably practicable, ensure that the employer's duties under the Occupational Health and Safety Act are properly carried out. This does not mean the CEO must personally supervise every task or inspect every workplace. Instead, the CEO must ensure that suitable systems exist to make compliance possible. This includes ensuring there are:
In simple terms: The CEO must ensure the organisation is capable of complying with the law. Can the CEO Delegate These Duties? Yes—but only to a point. Section 16(2) allows the CEO to assign duties to persons under their control. This is why many organisations issue formal Section 16(2) Appointments, allocating specific health and safety responsibilities to directors, senior managers, operations managers or regional managers. These appointments clarify who is responsible for implementing health and safety requirements within different areas of the business. However, there is an important legal principle: Delegation transfers duties—but not ultimate accountability. If a manager fails to fulfil their responsibilities, investigators may still ask whether the CEO exercised sufficient oversight. Delegation Does Not Remove Responsibility Many executives mistakenly believe that appointing a Health and Safety Officer or Safety Manager removes their legal obligations. It does not. Section 16(3) specifically states that assigning duties does not relieve the employer of responsibility or liability under the Act. In practice this means:
Simply signing appointment letters and never following up is unlikely to satisfy the intent of the legislation. What Should a CEO Be Doing? An effective CEO should ensure that health and safety forms part of normal business management. This includes regularly reviewing:
Health and safety should become a standing agenda item at management meetings—not something discussed only after an accident occurs. Practical Workplace Example Imagine a manufacturing company where production targets continually take priority over equipment maintenance. Machine guards remain damaged. Risk assessments are outdated. Supervisors receive little safety training. Near misses are ignored. Eventually, an employee suffers a serious injury after coming into contact with unguarded machinery. During the investigation, it becomes clear that senior management had repeatedly received reports identifying these issues but failed to allocate funding or ensure corrective actions were completed. Although supervisors may share responsibility, investigators will also examine whether the CEO fulfilled the duty imposed by Section 16 to ensure the employer's legal obligations were properly discharged. Common Misunderstandings About Section 16 "The Safety Officer is responsible." Safety Officers coordinate and monitor safety programmes. They do not replace the legal responsibilities of senior management. "I've appointed managers, so I'm covered." Appointments are important, but CEOs must still ensure those managers have:
"Safety is an operational issue." Health and safety is a business governance issue. Poor safety performance affects:
How Section 16 Builds a Strong Safety Culture Organisations with strong leadership commitment typically experience:
Employees quickly recognise whether leadership genuinely values safety—or merely talks about it after incidents occur. Related Sections of the OHS Act Section 16 works alongside several other important provisions within the Occupational Health and Safety Act, including:
Together, these sections create a structured framework where leadership, management and employees each have defined responsibilities for workplace safety. The Key Takeaway Section 16 sends a powerful message: Health and safety starts with leadership. A CEO cannot personally supervise every workplace, but they must ensure the organisation has the people, systems, resources and commitment needed to comply with the Occupational Health and Safety Act. When leaders actively support safety, organisations become safer, more productive and more resilient. When leadership ignores safety, everyone is placed at greater risk. How Zenith Safety Consultants Can Help At Zenith Safety Consultants, we help directors, CEOs and senior management meet their legal responsibilities under the Occupational Health and Safety Act. Our services include:
Strong leadership creates strong safety performance—and we help organisations build both. For more information on how Zenith Safety Consultants can help your business, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 021 010 0209. |
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