Agreement with Mandatories (Contractors) Mon, 07 Sep 2026 02:33:37 +0000 Mon, 07 Sep 2026 02:33:37 +0000 Safe Build Forum http://forum.safebuild.co.za/index.php?forums/agreement-with-mandatories-contractors.24/ Sun, 27 Aug 2023 07:51:33 +0000 http://forum.safebuild.co.za/index.php?threads/seven-steps-to-improve-health-and-safety-in-sme%E2%80%99s.1596/ http://forum.safebuild.co.za/index.php?threads/seven-steps-to-improve-health-and-safety-in-sme%E2%80%99s.1596/ invalid@example.com (Neil Enslin) Neil Enslin Develop a plan – In terms of the OHS Act, an employer must identify hazards and take steps to mitigate the risks associated with them. As part of this process, it is important to establish a plan for implementing the organisation’s health and safety program. The plan is intended to minimize loss, meet regulatory compliance requirements and implement site safety regulations.

2. Inspections – Regular inspections are an important control measure and allow the organisation to...

Seven Steps to Improve Health and Safety in SME’s]]> Sun, 17 May 2015 11:50:47 +0000 http://forum.safebuild.co.za/index.php?threads/contractors-the-section-37-2-agreement-and-vicarious-liability.1042/ http://forum.safebuild.co.za/index.php?threads/contractors-the-section-37-2-agreement-and-vicarious-liability.1042/ invalid@example.com (Neil Enslin) Neil Enslin
If a contractor conducting work on behalf of an organisation has signed an agreement in terms of section 37(2) of the Occupational Health and Safety Act, would the organisation remain responsible for the health and safety of contractors on their site?

VICARIOUS LIABILITY
Firstly, it is important that the organisation...

Contractors, the Section 37(2) Agreement and Vicarious Liability]]> Sat, 19 Jul 2014 09:27:52 +0000 http://forum.safebuild.co.za/index.php?threads/legal-liability-file-approval-syndrome-and-return-on-investment.983/ http://forum.safebuild.co.za/index.php?threads/legal-liability-file-approval-syndrome-and-return-on-investment.983/ invalid@example.com (Change Agent) Change Agent
At a recent site survey, a contractor was appointed by a telecommunications company to install RF equipment on a rooftop of a building that is “under construction”....

Legal Liability, File Approval Syndrome and Return on Investment]]> 1 Thu, 23 May 2013 07:43:47 +0000 http://forum.safebuild.co.za/index.php?threads/37-2-agreements-your-contractors-sub-contractors.793/ http://forum.safebuild.co.za/index.php?threads/37-2-agreements-your-contractors-sub-contractors.793/ invalid@example.com (Neil Enslin) Neil Enslin
Section 37(2) agreements bring many employers under the misconception that once such an agreement has been concluded the Employer/ Principal is indemnified from any potential criminal liability which may emanate from the provisions of section 37. Firstly there is no such thing as a criminal indemnity.

A Question often asked is what is the responsibility of an employer with regards to contractors or sub-contractors performing a...

37(2) Agreements & Your Contractors, Sub-Contractors]]> Thu, 22 Mar 2012 07:41:57 +0000 http://forum.safebuild.co.za/index.php?threads/the-section-37-2-written-agreement.558/ http://forum.safebuild.co.za/index.php?threads/the-section-37-2-written-agreement.558/ invalid@example.com (Neil Enslin) Neil Enslin
Dear Folks

I did promise in my last newsletter that I would address the (often) thorny and misunderstood section 37(2) Written Agreement. I think I said it had evolved into a monster.

I actually wrote an article on it some ago along with section 10 of the OHs Act and section 21 of the MHS Act. I stick to the article which is attached but can add some additional comments.

The most common misconception is that once such an Agreement has been...

The section 37(2) written agreement]]> Wed, 18 Jan 2012 13:07:22 +0000 http://forum.safebuild.co.za/index.php?threads/occupational-health-and-safety-act-section-37.529/ http://forum.safebuild.co.za/index.php?threads/occupational-health-and-safety-act-section-37.529/ invalid@example.com (Neil Enslin) Neil Enslin
View attachment 48]]> Tue, 14 Jul 2009 11:34:52 +0000 http://forum.safebuild.co.za/index.php?threads/interpretation-of-sections-37-2-and-10-4-of-the-ohs-act.81/ http://forum.safebuild.co.za/index.php?threads/interpretation-of-sections-37-2-and-10-4-of-the-ohs-act.81/ invalid@example.com (Neil Enslin) Neil Enslin

Regards,]]> Fri, 03 Jul 2009 07:24:59 +0000 http://forum.safebuild.co.za/index.php?threads/what-need-to-place-with-subcontractors.74/ http://forum.safebuild.co.za/index.php?threads/what-need-to-place-with-subcontractors.74/ invalid@example.com (Neil Enslin) Neil Enslin
1. Written agreement with Contractors
2. All Contractors Appointments in writing - List displayed.
3. Proof of registration with Compensation Insurer/Letter of good standing
4. Construction Work Supervisor designated.
5. Written arrangements re

* OH&S Representatives and Committees
* First Aid]]>