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. In a brief article on the debts created by Section 37 of the OHS Act and compensation for the “famous” agreement 37.2 #compliance #healthandsafety #safety #indemnification #ohsact #law Several other issues may be included in the agreement and can also be used as a framework contract committing the contractor, in any event, 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. 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 Agreement 37.2 is Section 37 of the Occupational Health and Safety Act of 1993 (“OHS Act”) on an employer`s criminal liability for the acts or omissions of workers (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 unlawful act that can cause damage) to confirm that the contractor is considered an independent employer; 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. .
· that the holder must comply with all health and safety rules in the field. · Define the contractor`s obligations with respect to the OHS Act and applicable regulations; Section 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: Under our common law, delegated liability applies where the employer has taken appropriate measures to prevent such an act or omission. · He/she acted without the employer`s permission;
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