Hello The agreement pursuant to Article 37.2 comes from the OHSA. Is there an equivalent agreement that applies to the mine since the mines are under MHSA? Or can the same agreement also be used in mines? 1 WRITTEN AGREEMENT ON HEALTH AND SAFETY AT WORK In accordance with the provisions of section 37 (2) of the Occupational Health and Safety Act 85 of 1993 IN AND BETWEEN Eskom Holdings SOC Ltd (registration number 2002/015527/06) (hereinafter referred to as the customer) AND (registration number: ) (hereinafter referred to as the mandatory number) of the compensation fund: _____ 21. appointed in accordance with section 16(2) of the Occupational Health and Safety Act, 85 of 1993 (“Occupational Health and Safety Act”), must report to the project manager and/or a representative designated by the client prior to the commencement of work on the premises. The purpose of § 37 (2) health and safety contract between an employer and an agent (contractor) refers in particular to a binding and written contractual agreement. It exists between a client and a contractor with respect to the work and/or services provided by the contractor, subject to the terms of the contractual contract. Sign up today to download your free 37(2) agreement template. Before the contractor can begin the work, it must meet many requirements. One of these requirements under their subsection 37(2) agreement is that they must provide a safety record. When signing the agreement, the contractor undertakes to respect these rules and to ensure that he communicates them with all the employees who will work on the site.
Otherwise, the contractor will not only violate their contract, but they will also demonstrate non-compliance with the Occupational Health and Safety Act, which is considered a criminal and punishable offence. 2 2. To ensure compliance with this CONTRACT, the Obligation guarantees that it accepts the precautions, procedures and procedures prescribed by the Customer as provided for in section 37(2) of the Occupational Health and Safety Act 85 of 1993 and the regulations (the OHS Act) for the purpose of complying with the OHS Act. The Terms of Reference recognize that this AGREEMENT constitutes an AGREEMENT within the meaning of section 37(2) of the Occupational Health and Safety Act, according to which all work-related health and safety responsibilities that the Controller and his or her employees are required to perform on the premises in relation to the scope of work are the duty of the agent. L`Obligatoire also guarantees that he and/or his employees undertake to maintain this compliance with the Occupational Health and Safety Act. Dear Clive, thank you very much for your phone request today. Version 37.2 is in the form of a template that you can use. We have health and safety services and products in the MY Safety Shop (www.mysafetyshop.co.za/Healthandsafetyservices).
where not only are all employers covered by legal requirements, but we can also help contractors meet health and safety compliance to ensure a safe working environment during contract work. Our library is constantly growing with reusable templates in is of the utmost importance for us to provide you with up-to-date information. If you sign up monthly, all of these templates are free. Stay healthy and safe and feel free to chat with us online by clicking on the chat icon at the bottom right of the screen! This section contains general health and safety rules in accordance with the customer`s specific safety requirements for the site where the contractor will work. These rules may differ from workplace to workplace and customer to customer and are location and work specific. 9 9. Health and Safety Meetings Where required by the Labour Protection Act, the Mandatary shall establish its own health and safety committees and ensure that its staff, as members of the committee, hold health and safety meetings as often as possible and at least once every three (3) months. The Customer may choose to allow the Customer`s health and safety officers to attend meetings of the Customer`s Health and Safety Committee. 10.
Registration of compensation The obligation must ensure that it has a valid registration with the Compensation Commissioner, as required by the Workers` Compensation and Occupational Diseases Compensation Act 130 of 1993, and that all payments due to the Commissioner are settled. 8 Work procedures The Agent is entitled to use the procedures, guidelines and other documents used by the client to ensure a healthy and safe working environment. The mandatory then ensures that its responsible persons and its employees know the documents and use them. The Mandatory implements and applies the safe work practices prescribed by the Client, and ensures that its responsible persons and employees are familiar with the content of these practices and that they adhere to these procedures. The mandatory ensures that its employees perform work before receiving a permit and are trained and deemed competent for which the client needs a permit. 7 7. Cooperation The Agent and/or its responsible persons and employees provide full cooperation and information when the Customer or its representative deals with occupational health and safety issues in relation to the Mandatory. It is specified that the customer and his representative are entitled to make such a request at any time. Without derogating from the generality of the foregoing, the Agent and its responsible persons must, upon request, provide the Customer and its representative with all the checklists and inspection records that it must keep with respect to its materials, machinery or equipment 48.6 Health and safety discipline must be maintained by each of its employees with respect to non-compliance with health and health issues. security by strictly imposed on these employees. The Mandatory must also ensure that its employees report to it all dangerous or unhealthy work situations immediately after becoming aware of them, and that it in turn reports them immediately to the client and/or his representative. 6.
Access to the OHS Act The Mandatory ensures that it has an updated copy of the OHS Act on site at all times and that it is accessible to the responsible persons and employees it designates. 3 Without derogating from the generality of the foregoing or the provisions of the aforementioned AGREEMENT, the Agent will ensure that the clauses described below are complied with at all times by him and his employees. The Agent undertakes to ensure that the health and safety of any other person on the premises in relation to the scope of the work is not endangered by the conduct and/or activities of all its employees while they are on the premises. 3. Mandatory employer The employer is considered to be an independent employer when performing work with respect to the scope of work on behalf of the client. Within the meaning of Article 16 para. 1 OF THE OHS Act, the Mandatary must therefore ensure that he and his appointed Chief Executive Officer meet the requirements of the OHS Act. 5 Without departing from the foregoing, the Mandate shall in particular ensure that all its users or operators of materials, machinery or equipment are properly trained in the use of such materials, machinery or equipment. Notwithstanding the foregoing, the Agent must ensure that its responsible persons and designated employees are aware of the provisions of the Occupational Health and Safety Act at all times and comply with the provisions. 5. Supervision, discipline and reporting Duty ensures that all work performed within the scope of work is carried out under strict supervision and that no hazardous or unhealthy work practices are permitted.
In an ever-changing world with new and stricter regulations, it is becoming increasingly difficult to always ensure full compliance. SafetyWallet helps and supports its subscribers, regardless of the sector in which they operate or the number of employees and contractors in their responsibilities. . Depending on the client and the nature of his business, the following documentation can be expected in such a file: 4 4. Appointments and training Obligation refers to competent persons within the meaning of Article 16(2) of the OSH Act. Each of these designated persons must be trained in all regulatory matters relating to occupational health and safety and the provisions of the Occupational Health and Safety Act that apply to the work to be performed under his or her responsibility. Copies of all dates specified by the Mandatory will be made available immediately to the customer. 3 The authorised authority shall also ensure that all its employees are trained in the health and safety aspects of the work and understand the hazards associated with that work on the premises included in the work.
This is determined by the client based on the nature of their business and any work they may need to have to do or the services they need from a particular contractor. It may include, but is not limited to: 10 The warrant must also ensure that coverage remains in effect while such an employee is on the premises. 11. Medical Examinations The Mandatory must ensure that all its employees undergo routine medical examinations and that they are medically adapted for the work they perform, and must provide proof of this to the Client or its representative upon request. 12. Reporting and investigating incidents All incidents mentioned in Acts 32-95 of the Client and in the OHS Act must be reported by the Agent to the Ministry of Labour and the Client immediately after becoming aware of such an incident. . . .