Section 37(2) OHS contract between employer & mandatory

What is Section 37(2) Health and Safety contract between an employer and a mandatory (contractor)?

Overview

The purpose of the?Section 37(2) Health and Safety contract?between an employer and a mandatory (contractor), refers specifically to a mandatory and written contractual agreement. It exists between a client and a contractor in terms of work and/or services provided by the contractor, subject to both the terms and conditions of the Mandatory Agreement.

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WHAT WORK DOES IT COVER?

This will be determined by the client according to the nature of their business and any work that they may need to have done, or services they need from a specific contractor. It can include, but is not limited to, the following:

• Building and construction
• Electrical and/or installation work.
• Plumbing
• Painting
• Installations
• Servicing of machinery and/or equipment, and more.

Requirements before work can commence

Before the contractor can start working there are numerous requirements that they must fulfil. One of these requirements, as per their?Section 37(2) agreement,?is that they must provide a?Safety File.

Depending on the client and the nature of their business, the following documentation can be expected in such a file:

• Scope of Work.
• Occupational Health and Safety Policy and plan
• Supervisor Appointment as per Section 8.2 of the OHS Act.
• General Safety Regulation 3.4 – which involves a written?letter of appointment?to provide First Aid on site.
• General Safety Regulation 13.A which requires a written appointment for the?ladder inspector, where applicable.
• Construction Regulation 7, where applicable.
• General Machinery Regulation 2.1 which involves a legal appointment of a competent person to supervise and inspect machinery being used.
• Acts or Omission by employees as per Section 37.2 – which refers to the mandatory agreement between the client and contractor.
• Driven Machinery Regulations – which involves the written appointment of both competent and suitable persons operating high powered machinery.
• All technical drawings as well as floor plans.
• Fall Protection Plan (FPP) should there be work being done at heights or the use of scaffolding which measures 1.5 metres or higher.
• Safety Representative?appointment as per Section 17 of the OHS Act where there are more than 20 employees.
• Electrical installation plans and/or certificates (COCs).
• All structural engineer’s certificates, where applicable.
• Letter of Good Standing?with the?Workmens Compensation, and
• Rigging and load test certificates, where applicable.

General Health and Safety House Rules

This section will contain general health and safety rules as per the client’s specific safety requirements for the site on which the contractor will work. These rules may differ from one worksite and client, to the next and will be site and work specific.

In signing the agreement, the contractor agrees to abide by such rules and ensure that they communicate such with all employees who will work on the site. Failure to do so not only means that the contractor is in breach of their contract, but that they also display non-compliance with the?Occupational Health and Safety Act 85 of 1993, which is regarded as a criminal offence and which is punishable.

How can SafetyWallet help Employers and Contractors’ Health and Safety Compliance?

In a world that is constantly changing, with new and stricter regulations, it is becoming increasingly difficult to always ensure full compliance. SafetyWallet helps and supports its subscribers despite the industry in which they operate or the number of employees and contractors under their responsibility.

With?SafetyWallet?and its partnership with?MAKROSAFE?and?OHS Online, subscribers can ensure that they are a part of creating a safer, healthier, and more compliant working environment. To find out more about the comprehensive array of Health and Safety Solutions we have on offer, please feel free to?Contact Us.

Register today to download your free Section 37(2) Mandatory Agreement Template.

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Posted date: 29th Apr 2022

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Posted date: 29th Apr 2022

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