Enhance Workplace Safety: Section 37(2) Compliance and SafetyWallet Directory

 At SafetyWallet, we understand that navigating the complex world of workplace safety can be challenging. Whether you're dealing with Section 37(2) Health and Safety compliance or searching for reliable suppliers and contractors, we've got you covered. Discover how our solutions can make safety management easier and more efficient.

Unlocking Section 37(2) Compliance: How an Audit Paves the Way

Understanding the Need for Section 37(2) Agreements

Wondering how a Section 37(2) Written Agreement can benefit your business? Well, conducting an audit is the first step to gaining clarity on your specific needs. An audit provides a comprehensive assessment of your current safety practices, highlighting areas that may require additional attention. By identifying potential gaps and compliance issues, you'll be better equipped to tailor your Section 37(2) Written Agreement to meet your unique requirements. So, let's explore how an audit can be your guiding light toward a stronger, more effective safety framework.

The Section 37(2) Dilemma: Is the Written Agreement Essential?

Understanding the Section 37(2) Written Agreement

The non-compulsory yet encouraged Section 37(2) Written Agreement with mandataries remains a topic of discussion within the industry. Some believe it has become redundant, especially in the context of construction work. But what exactly is a mandatary, and why is this agreement essential?

Deciphering "Mandatary" and Its Origins

The term "mandatary" has its roots in the old Machinery and Occupational Safety (MOS) Act of 1983. However, it was never precisely defined, leading to interpretational challenges. With the introduction of the OHS Act in 1994, the definition broadened to include agents, contractors, and subcontractors, all while preserving their individual statuses as employers or users.

The Presumption-in-Law and Employer's Burden

Under Section 37 of the OHS Act, employers face a significant burden when dealing with mandataries. To avoid criminal liability, they must prove three critical points:

  • Permission was not given to act in violation of the law.
  • The mandatary was acting beyond their authority.
  • Reasonable steps were taken to prevent unlawful conduct.

Enter the Section 37(2) Written Agreement

The vague notion of "reasonable steps" led to the creation of the Section 37(2) Written Agreement. This written contract is encouraged by the legislator to promote good OHS practice between employers and mandataries. It doesn't serve as an indemnity against prosecution but establishes a framework for compliance.

What Should a Section 37(2) Written Agreement Include?

The possibilities are endless, as long as they align with the law and societal norms. The agreement typically covers OHS Act compliance, in-house standards, additional OHS provisions, and even international standards.

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The Relevance of the Section 37(2) Written Agreement in Construction

Construction Regulations: A Layer of Complexity

Even with the strict Construction Regulations in place, the Section 37(2) Written Agreement retains its relevance. In fact, it can be an umbrella contract that encompasses all the requirements of the Construction Regulations.

Creating a Domino Effect in Criminal Liability

The Construction Regulations are designed to foster collaboration among stakeholders. This approach can lead to a "Domino Criminal Liability Effect," where one party's actions can impact all others. For instance, failure to conduct OHS audits or obtain written risk assessments can link clients or principal contractors to criminal liability in a construction incident.

At SafetyWallet, we're committed to simplifying workplace safety and compliance. Explore our comprehensive solutions and sign up today to experience the power of SafetyWallet and our partnerships with MAKROSAFE and OHS Online.


Posted date: 29th Apr 2022
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