Mandatory Agreement as contemplated in Section 37 (2) of the Occupational Health and Safety Act, No 85 of 1993 as amended.

This agreement is between the client

______________________________________________________

and

HC Water Solutions and Projects

(Contractor Details)

Type of work:

Start date:

Max number of employees on site (at peak):

Name of construction supervisor (CR8.7)

Name of Assistant construction supervisor

(CR 8:8)

Equipment to be used on site:

PPE - Personal Protective Equipment to be

issued:

Compensation Reg. No.:

 OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993

SECTION 1(1) – [Definitions]

(xxix) “mandatory” includes an agent, contractor or a subcontractor for work, but without derogating from his status in his own right as an employer or a user

SECTION 37(1) – [Acts or omissions by employees or mandataries]

Whenever an employee does or omits to do any act which would be an offence in terms of this Act for the employer of such employee or a user to do or omit to do, then, it is proved that –
(a) in doing or omitting to do the act the employee was acting without connivance or permission of the employer or any such user;
(b) it was not under any condition or in any circumstance within the scope of the authority of the employee to do or omit to do an act, whether lawful or unlawful, of the character of the act or omission charged;

and
(c) all reasonable steps were taken by the employer or any such user to prevent any act or omission of the kind in question,

the employer or any such user himself shall be presumed to have done or omitted to do that act, and shall be liable to be convicted and sentenced in respect thereof; and the fact that he issued instructions forbidding any act

or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

SECTION 37(2)
The provisions of subsection (1) shall “mutatis mutandi” apply in the case of a mandatory of any employer or user, except if the parties have agreed in writing to the arrangements and procedures between them to ensure

compliance by the mandatory with the provisions of this Act.

Acceptance by Mandatary

In terms of the provisions of Section 37(2) of the Occupational Health and Safety Act 85 of 1993,
(Representative of Contractor), (Name of Contractor)
I, ______________________ of __________________________ undertake to ensure that the requirements and provisions of the Health and Safety
(Site Name)
Specifications issued by the client at ____________________________ , are complied with in the following manner:
1. To produce, review, monitor and enforce a health and safety plan which has been approved by the client, an agent for the client or a principal contractor;
2. To include a risk assessment in the health and safety plan which identifies all hazards pertaining to the project;
3. To ensure that all relevant documentation required by the Occupational Health and Safety Act and Regulations, including the Construction Regulations, the Compensation for Occupational

Injuries and Diseases Act as well as any other statutory laws as amended from time to time is available on site in the health and safety file;
4. Enforce precautionary measures stipulated in the risk assessments.
5. All work performed by mandatory on the employer’s premises must be performed under close supervision of the mandatory’s employees who are to trained to understand the hazard

associated with any work that mandatory performs on the employer’s premises.
6. The mandatory shall ensure that he familiarize himself with the requirements of the OHSACT 85 of 1993 and that he and his employees and any of his subcontractors comply with the

requirements.
7. The mandatory shall appoint competent persons who shall be trained on any occupational health and safety aspect pertaining to them or to work that is to be performed.
8. The mandatory shall ensure that discipline regarding occupational health and safety shall be strictly enforced.
9. Any personal protective equipment required shall be issued by mandatory to his employees and shall be worn at all times.
10. No unsafe equipment / machinery and / or articles shall be used by the mandatory on employer’s premises.
11. Written safe working practices / procedures and precautionary measures shall be made available and enforced and all employees shall be made conversant with the contents of these

practices.
12. All incidents / accidents referred to in the OHSACT shall be reported by the mandatory to the department of labour as well as to the employer.
13. No use shall be made by the mandatory and / or their employees and or their subcontractors of any of the employer’s machinery / articles / substance / plant / personal protective

equipment without prior written approval.

14. The mandatory shall ensure that work for which the issuing of a permit is required shall not be performed prior to the obtaining of duly completed and approved permit.
15. The mandatory shall ensure that no alcohol or any intoxicating substances shall be allowed on the employer’s premises. Anyone suspected to be under the influence of alcohol or any

intoxicating substances shall not be allowed on the premises. Anyone found on the premises suspected to be under influence of alcohol or any other intoxicating substances shall be escorted off the said

premises immediately.
16. Full participation by the mandatory shall be given to the employees of the employer if and when they inquire into occupational health and safety issues.
FURTHER UNDERTAKING
1. Only a duly authorized representative is eligible to sign this agreement on behalf of mandatory. The signing power of this representative must be designed in writing by the chief executive officer

of the mandatory. A copy of this letter must be made available to the employer.
2. The mandatory confirms that he has been informed that he must report to the employer’s management, in writing anything he deems to be unhealthy and / or unsafe. He has versed his

employees in this regard.

3. The mandatory warrants that he shall not endanger the health and safety of the employer’s employees in any way whilst performing work on the employer’s premises.
4. The mandatory understands that no work may commence on the employer’s premises until this procedure is duly completed, signed and received by the employer.
5. Non-compliance of any of the above may lead to immediate cancellation on the contract.

The person signing this agreement confirms that he / she has the authority to so sign and to bind his / her employer, the said contractor.

Your appointment is valid from _______________________ construction to completion of project.

___________________________________ ___________________

Name Date

Acceptance of Appointment

I, _______________________________, understand the responsibilities of the appointment as detailed above and confirm that I accept the duties as assigned to me in terms of the Occupational

Health and Safety Act, No 85 of 1993 as amended and undertake to perform all the functions required of me in this regard to the best of my ability.

Representative of Contractor Date:

 Assignment of Duties and Responsibilities as contemplated in Section 7 (c)(v) of the
Construction Regulation
(Representative of Contractor)
I, ________________________ as the representative of ______________________ hereby appoint you, ____________________________
_ (Contractor) (Task) (Site Name)
representative of ______________________ as the ___________________________ contractor for site ___________________________________

In terms of this appointment and the Construction Regulations 2014 promulgated under the Occupational Health & Safety Act, you are herewith informed of your duties and responsibilities to ensure

compliance to the Health & Safety Requirements applicable to the project:

1. You are at all times to ensure adherence to the requirements of the Health & Safety Specification issued by the Client.
2. You are at all times to ensure adherence to the requirements of the Fun Company Health & Safety Plan issued by us in pursuance to compliance to the health & safety requirements set out in 1 above. ,(see attached copy),
3. You are to implement and enforce the approved Health & safety Plan from date of commencement until completion of the project.
4. You are required to maintain good standing with a registered insurer in terms of the Compensation of Occupational Injuries and Diseases Act, 1994.
5. You are to ensure that the Occupational Health & Safety Act 85 of 1993 and the regulations applicable to your company are complied with in your area of responsibility.

6. Upon acceptance hereof, you also declare and agree that you are familiar with the requirements of the documents referred to above as well as applicable legislation and that you’re appointed agents, mandatories and employees

have similar knowledge.

In addition to the above, you are also required to:

1. You are (not) allowed to sub-contract any work or duty in terms of this appointment to a third party (without written consent), and will remain personally accountable to ensure their compliance to the duties contained herein,
2. Specify any other duties you wish the contractor to perform based on the H&S specification and the Baseline risk assessment of the Client, as well as your own H&S Plan.

Please confirm your acceptance of this appointment and understanding of the duties involved, by signing the attached copy of this letter and returning it to me.

You are required to report any deviations from the above-mentioned instructions to me.

This appointment is valid from _____________________to completion of project.

___________________________________ ___________________

Name Date

(Representative of Contractor)
I, ____________________________________ understand the responsibilities of the appointment as detailed above and confirm that I accept the duties as assigned to me in terms

of CR Section 7 (c)(v)

Contractor representative. Date: