Document Owner: / HOD Group Safety / Form number: / OHS-FM017
Name of Form / OHSA SECTION 37.2 WRITTEN AGREEMENT
WRITTEN AGREEMENT ON THE ARRANGEMENTS AND PROCEDURES TO ENSURE MANDATARY COMPLIANCE TO THE OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993
(Herein referred to as the Act)
SECTION 37(2) AGREEMENT ENTERED INTO AND BETWEEN
SAA
(EMPLOYER)
AND
------
(CONTRACTOR/MANDATORY)
DURATION______
CONTRACT NUMBER______
1. SAA and CONTRACTOR are individual employers, each in its own right, with duties and obligations prescribed in the Act.
2. CONTRACTOR accepts, in terms of the general conditions of contract and in terms of the Act, his obligations as an employer in respect of all persons in his employ and other persons who perform work under his control. He shall provide and maintain as far as reasonably practicable a working environment that is safe and without risk to the health and safety of his employees and persons other than those in his employment who may be affected by his activities.
3. SAA shall co-operate in order to assist CONTRACTOR to comply with the Act.
4. The CONTRACTOR undertakes to ensure that he and / or any person under his control will at all times comply with the following conditions:
(i) All work performed on SAA premises must be performed under close supervision of a person trained to understand the hazards associated with any work performed and who has the authority to ensure that the necessary precautionary measures are implemented.
(ii) CONTRACTOR shall ensure that he familiarises himself with the requirements of the Act and that he, his employees and any other person under his control complies with them.
(iii) CONTRACTOR shall conduct a risk assessment of the work to be performed prior to commencement of work and copy made available to SAA.
(iv) CONTRACTOR will prepare a written Safety, Health and Environmental Policy for the protection of the health and safety of its employees, other persons who may be affected by his activities and also the environment.
(v) Put in place a Health and Safety Programme detailing practical arrangements and procedures to be implemented by him to ensure compliance with the Act, and shall include the following:
¨ Safety management structure to be instituted with all the appointments in terms of the Act and regulations.
¨ Personal Protective Equipment to be issued as required and worn at all times.
¨ Safe works practices shall be enforced and all employees shall be made conversant of these practices.
¨ Enforcement of discipline with regard to health and safety.
¨ Systems to prevent environmental pollution and compliance with hazardous waste removal programmes.
(vi) No unsafe equipment / machinery and / or articles shall be used on SAA premises.
(vii) All incidents referred to in the Act shall be reported to the Department of Labour. SAA shall further be provided on request with copies of any written documentation relating to any incident.
(viii) SAA hereby obtains an interest in the issue of any formal inquiry conducted in terms of Section 32 of the Act into any incident involving the CONTRACTOR, any person or machinery under his control.
(ix) No use shall be made of SAA's machinery / article / substance / personal protective equipment without written approval.
(x) Work for which the issuing of a permit is required shall not be performed prior to the obtaining of a duly completed and approved permit.
(xi) No alcohol or any other intoxicating substance shall be allowed on company premises. Anyone suspected to be under the influence of alcohol or any other intoxicating substances shall not be allowed on the premises.
(xii) CONTRACTOR shall co-operate when SAA employees inquire into Occupational Health and Safety issues. SAA hereby obtains the right to conduct health and safety compliance audits on the CONTRACTOR at intervals to be agreed upon by both parties.
5. CONTRACTOR confirms that he has been informed that he must report to the SAA management (in writing) anything that he deems to be unhealthy and / or unsafe. He has versed his employees and any other person under his control in this regard.
6. CONTRACTOR warrants that he shall not endanger the health and safety of SAA employees and cause loss and / or damage to property in any way whilst performing work on SAA's premises.
7. CONTRACTOR shall ensure that all his staff, visitors and other persons working for him have received the required safety induction training before commencement of any work on SAA site.
8. CONTRACTOR shall ensure that his sub-contractors meet the requirement of the Act and that the necessary documentation as required by the Act has been completed before commencement of any work.
9. CONTRACTOR warrants that he is registered in terms of the Compensation for Occupational Injuries and Diseases Act 130/ 1993. CONTRACTOR will furnish SAA with a letter of good standing from the Compensation Commissioner.
ACCEPTANCE BY MANDATORY
To be completed by contractor
TO BE COMPLETED BY SAA REPRESENTATIVE
Revision Number : / 1 of 1 / Effective Date: / 2010/04/01Latest revision: / NEW / Issue Number: / Issue 1
Document Classification: / Restricted / Page 2 of 4