Several other points can be included in the agreement and can also be used as a framework agreement, the awardee binds to: brief articles on the debts created by section 37 of the OHS Act and on compensation through the “famous” agreement 37.2 #compliance #healthandsafety #safety #indemnification #ohsact #law Section 37 of the Occupational Health and Safety Act, 1993 (“OHS Act”) deals with the criminal liability of an employer for the acts or omissions of employees (37.1) and contractors (37.2). This is also called the Assistant Responsibility Clause. Responsibility as a substitute is described in Neethling`s Delict Act as “the strict responsibility of one person for the rejection of another person.” (A misdemeanor is an illegitimate act that can cause damage) On the other hand, Article 37, paragraph 2, deals with the behaviour of contractors and states that the provisions of Section 37, paragraph 1, above apply only if the parties agree in writing with respect to the contractor`s compliance with the OHS law. In practice, this agreement is called Agreement 37.2. However, the objective of Agreement 37.2 is this: it is however very important to note that the 37.2 agreement is not compensation against prosecution. In the event of an incident by the contractor and by providing evidence that the employer is contributing to such an incident, the employer may be sentenced with the contractor. Section 9 of the OHS Act requires employers to ensure that persons other than those who may be directly affected by its activity are not exposed to risks to their health or safety. Employers must therefore ensure that workers of the contractor are not exposed to risks to their health and safety, regardless of the existence of an agreement 37.2. Paragraph 37, paragraph 1, deals with the behaviour of workers and states that any act or omission of a worker constituting a criminal offence under the OHS Act is attributed to his employer, unless the employer can demonstrate that anything that may be necessary to ensure the health and safety of workers on the spot.
All of this can be considered an “appropriate measure” taken by the employer to avoid an assistant criminal liability. · Define the contractor`s obligations with respect to the OHS Act and applicable regulations; Confirm that the contractor is considered an independent employer; The employer has taken appropriate measures to prevent such an act or omission. · He/she acted without the employer`s permission; For the purposes of our common law, delegated responsibility applies if: .