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    Agreement in Terms of Section 37 (2) of The Occupational Health and Safety Act (Act No

    Uploaded by

    Emma Britz
    This document is an agreement between a Body Corporate and a contractor (the mandatory) to comply with occupational health and safety regulations while working on the Body Corporate's premises. Key points: 1. The mandatory agrees to ensure its employees and subcontractors comply with health and safety laws and regulations. 2. The mandatory must provide workers' compensation insurance for all employees. 3. The mandatory takes full responsibility for occupational health and safety compliance and will not endanger other contractors or visitors on the worksite.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Agreement in Terms of Section 37 (2) of The Occupational Health and Safety Act (Act No

    Uploaded by

    Emma Britz
    490 views4 pages
    This document is an agreement between a Body Corporate and a contractor (the mandatory) to comply with occupational health and safety regulations while working on the Body Corporate's premises. Key points: 1. The mandatory agrees to ensure its employees and subcontractors comply with health and safety laws and regulations. 2. The mandatory must provide workers' compensation insurance for all employees. 3. The mandatory takes full responsibility for occupational health and safety compliance and will not endanger other contractors or visitors on the worksite.

    Original Description:

    Agreement in terms of section 37(2)

    Original Title

    Agreement in Terms of Section 37 (2) of the Occupational Health and Safety Act (Act No

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    This document is an agreement between a Body Corporate and a contractor (the mandatory) to comply with occupational health and safety regulations while working on the Body Corporate's premises. Key points: 1. The mandatory agrees to ensure its employees and subcontractors comply with health and safety laws and regulations. 2. The mandatory must provide workers' compensation insurance for all employees. 3. The mandatory takes full responsibility for occupational health and safety compliance and will not endanger other contractors or visitors on the worksite.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    490 views4 pages

    Agreement in Terms of Section 37 (2) of The Occupational Health and Safety Act (Act No

    Uploaded by

    Emma Britz
    This document is an agreement between a Body Corporate and a contractor (the mandatory) to comply with occupational health and safety regulations while working on the Body Corporate's premises. Key points: 1. The mandatory agrees to ensure its employees and subcontractors comply with health and safety laws and regulations. 2. The mandatory must provide workers' compensation insurance for all employees. 3. The mandatory takes full responsibility for occupational health and safety compliance and will not endanger other contractors or visitors on the worksite.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 4

    ____________________

    BODY CORPORATE
    Compulsory Indemnity

    AGREEMENT IN TERMS OF SECTION 37 (2) OF THE OCCUPATIONAL HEALTH


    AND SAFETY ACT (ACT NO. 85, 1993)

    ________________ Body Corporate


    (Hereinafter referred to as "the Employer" represented by : _______________ )

    and

    Name of Contractor

    Street address
    (Hereinafter referred to as "the mandatory” represented by: _________________)

    PREAMBLE

    A. WHEREAS the Employer and mandatory have entered into an agreement in


    terms of which the mandatory will perform certain work and / or services on
    behalf of the Employer;

    B. AND WHEREAS the Occupational Health and Safety Act defines a “mandatory"
    as an agent, a contractor or a subcontractor for work, but without derogating from
    his status in his own right as an employer or user of plant and/or machinery.

    C. Section 37 of Occupational Health and Safety Act potentially punishes an


    employer for the unlawful acts or omissions of its contractors, sub-contractors
    and agents, (hereinafter referred to as the mandatory) save where a written
    agreement is concluded between the employer and the mandatory which sets out
    and contains arrangements and procedures which are to be implemented and
    adopted by the mandatory itself to ensure compliance with the provisions of the
    Occupational Health and Safety Act and its regulations.

    E. The parties hereto wish to enter into such an agreement which is set out below.

    NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: -

    1
    DEFINITIONS:

    Employer means the ___________________ Body Corporate, the principal to


    this agreement;

    Mandatory means the contractor described under this agreement; Sub-


    Contractor means the contractors, agents and /or subcontractors employed by
    the Mandatory;

    The Act means the Occupational Health and Safety Act

    The COID Act shall mean the Compensation for Occupational Injuries and
    Diseases Act.

    The Agreement means this agreement and all documents attached or referred to
    therein, which form an integral part of the Agreement.

    1. SCOPE OF THIS AGREEMENT

    This agreement shall be binding for all work that the mandatory undertakes
    for the Employer and shall apply to the mandatory, its employees, agents,
    Contractors and Sub-contractors.

    2. COID ACT INSURANCE

    The mandatory warrants that all its employees, agents, contractors and/or its
    subcontractor's and or their employees (if any) are registered and covered in
    terms of sec 80-87 of the COID Act which cover shall remain in force whilst
    any such employees are present on the Employer's premises and that all
    such assessment fees are correct and paid up.

    3. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT

    3.1 The mandatory undertakes to ensure that it and its


    subcontractors and their respective employees at all times
    comply with regulations, processes and requirements as laid
    down under the Act, which without detracting from the
    generality thereof includes the following: -

    3.1.1 all work performed by the mandatory on the Employer's


    premises and will be performed by persons employed or
    contracted by the mandatory who are trained to understand
    the hazards associated with any such work performed;

    3.1.2 the mandatory warrants that it is aware of the provisions of


    the Act and its responsibilities there under and that it will

    2
    ensure that all and any of its employees, agents or
    contractors who are to carry out the work at the Employers
    premises in terms of this agreement, are equally made aware
    of the requirements of the Occupational Health & Safety Act
    85 of 1993 and that all comply with the such requirements in
    all respects.

    3.1.3 the mandatory shall appoint competent persons who shall be


    trained on any occupational health and safety aspect
    pertaining to them or to work that is to be performed by them.

    3.1.4 the mandatory shall ensure that discipline regarding all


    aspects of Health and Safety shall be strictly enforced.

    3.1.5 where applicable, any personal protective equipment required


    shall be tested and issued by the mandatory to its employees
    and subcontractors, and the mandatory will ensure that such
    clothing and equipment is worn at all times.

    3.1.6 no unsafe equipment/machinery and/or articles shall be used


    by the mandatory, its employees or sub- contractors on the
    Employer’s premises.

    3.1.7 the mandatory shall make available to its employees and


    sub-contractors, written safe working practices, procedures
    and precautionary measures, and shall ensure that all its
    employees and sub-contractors are made conversant with
    the content of these practices and that they are enforced at
    all times.

    3.1.8 all incidents/accidents which may occur whilst on the


    Employers premises or whilst the work under this agreement
    is being carried out shall be referred and shall be reported by
    the mandatory to the department of labour as well as to the
    Employer.

    3.1.9 no use shall be made by the mandatory and / or by its


    employees and /or their sub-contractors of any of the
    Employer's machinery /articles /substance /plant /personal
    protective equipment without the Employer’s prior written
    approval and any such use will be at the mandatory’s own
    risk.

    3.1.10 the mandatory shall ensure that work for which the issuing of
    a permit’s is required shall not be performed prior to the
    obtaining of a duly completed and approved permit.

    3
    3.1.11 the mandatory shall ensure that no alcohol or any intoxicating
    substances shall be allowed on the Employer's premises.
    Anyone suspected to be under influence of alcohol or any
    intoxicating substances shall not be allowed onto the
    Employer’s premises and anyone found on the premises
    suspected of being under the Influence of alcohol or any
    other intoxicating substances shall be escorted off the
    premises immediately

    3.1.12 the mandatory will report in writing anything it deems to be


    unhealthy and/or unsafe to the Employer's management.

    3.1.13 the mandatory warrants that it shall not endanger the health
    and safety of the Employer’s employees or visitors or other
    contractors in any way whilst performing work on the
    Employer's premises.

    3.1.14 the mandatory understands that no work may commence on


    the Employer's premises until this agreement has been duly
    completed signed and received by the Employer.

    3.15 No dumping of any hazardous chemical substances is


    permitted into any drains and/or waste bins. Same shall be
    disposed of in terms of the Hazardous Chemical Substance
    Regulations of the Occupational Health and Safety Act 85 of
    1993.
    3.16 When any activity during build-up and/ or breakdown periods,
    is of such nature that it could cause injury to any one, or
    damage to the environment, all reasonable practicable
    preventative measures shall be implements to ensure the
    health, safety and/or impact upon the environment.
    3.17 All Certificates of Compliance will be provided in original
    format (copies unacceptable) to the Body Corporate or
    his/her Safety Representative.

    WITHOUT RECEIPT OF THIS AGREEMENT, _______________ BODY


    CORPORATE RESERVES THE RIGHT TO WITHHOLD ACCESS TO THE
    WORK AREA

    SIGNED ON THIS THE ______________ DAY OF ________________ 20__ AT

    SIGNED ON BEHALF OF : __________________________(THE EMPLOYER)

    SIGNED ON BEHALF OF: __________________________(THE MANDATORY)

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