Several other issues may be included in the agreement and it can be used as a single contract linking the contractor to: Responsibility applies when: Section 37 (1) deals with workers` behaviour and states: That any act or omission of a worker constituting a criminal offence under the OHS act be attributed to his employer, unless the employer can demonstrate that: Brief article on the debts created by section 37 of the OHS Act and compensation by the “famous” contract 37.2 L #compliance #healthandsafety #safety #indemnification #ohsact #law employer has taken appropriate measures to prevent such an act or omission. · Define the contractor`s obligations with respect to the OHS Act and applicable regulations; He/she acted without the employer`s permission; anything that may be needed to ensure the health and safety of local staff. All of this can be considered an “appropriate measure” taken by the employer to avoid an assistant criminal liability. If the employer is unable to prove the three elements mentioned above, the employer is considered to be a clerk and may be convicted and sentenced to its terms. Section 37 of the Occupational Health and Safety Act, 1993 (“OHS Act”) deals with an employer`s criminal liability for acts or omissions by workers or 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). · Confirm that the contractor is considered an independent employer; that the holder must comply with all health and safety rules in the field. However, it is 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. 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. The objective of the 37.2 agreement is:.