Annexure 3 SPU Mandatary Agreement CR 51k Appointment

AGREEMENT WITH MANDATARY IN TERMS OF OCCUPATIONAL HEALTH AND
SAFETY ACT 85 OF 1993, SECTION 37 (1) and (2)
WRITTEN AGREEMENT BETWEEN

SOL PLAATJE UNIVERSITY (THE CLIENT)
AND
____________________________________________
(THE CONTRACTOR)
Whereas the company called for ___________________________________ (Scope of Work)

at Sol Plaatje University Premises and whereas the contractor: ___________________________________
(Company Name), undertakes to carry out the work as provided for in terms of section 37(2) of the
Occupational Health and Safety Act No 85 of 1993, now therefore the undersigned agree to:
1. The Contractor warrants that all his and his contractor’s employees are covered in terms of the
provisions of the Compensation for Occupational Injuries and Diseases Act 1993 (the Act) which
cover shall remain in force whilst any such employees are on the premises.
2. The Contractor warrants that he is in possession of the following insurance cover which shall remain
in force whilst he and/or his Contractor and/or his employees are present on the premises or which
shall remain in force for the duration of his contractual relationship with the client whichever period is
the longest:
• Public liability insurance cover;
• Any other insurance cover that will adequately make provision for any possible losses and/or
claims arising from his and/or his contactors and/or his employees’ acts and/or omissions on
the premises.
3. The Contractor undertakes to ensure that he and/or his contractors and/or their respective
employees will at all times comply with all the requirements of the Act and without derogating from
this general undertaking, also comply with the following conditions:
• All work performed on the premises must be performed by contractor’s employees who are
trained to understand the hazards associated with any work that the contractor performs on
the stated premises. Works must be supervised by suitable numbers of competent
supervisory personnel working for/on behalf of the Contractor. The Contractor is required to
prepare a health and safety plan for the project works which must be approved by the Client
before works commence. Such Plan must be accompanied by, as applicable, demolition
method statement, fall protection plan and risk assessments.
• The Contractor shall assume the responsibility in terms of Section 16(1) of the Act. If the
Contractor delegates any duty in terms of Section 16(2), a copy of such written delegation
shall immediately be forwarded to the Client.
• The Contractor shall ensure that he familiarise himself with the requirements of the Act, and
that he, his employees and any Contractor comply with them.
• The Contractor shall conduct a hazard analysis and ensure that his and any contractor
employees are made aware of the hazards identified (this to be done through induction prior
to works commencing). This analysis needs to be reviewed prior to new tasks to be
commenced.
• The Contractor must provide the Client with written proof that his employees and those of the
sub-contractor have been made aware of the hazards identified. The Contractor must
provide the Client with updated copies of the analysis.
• Discipline regarding Occupational Health and Safety shall be strictly enforced.
• Personal Protective Equipment as defined in the Act and regulations shall be issued free of
charge by the Contractor and worn as prescribed.
• Safe work practices shall be enforced and all employees shall be made conversant with the
contents of these practices.
• No unsafe equipment/machinery and/or articles will be allowed and/ or used on the premises.
• All incidents referred to in Section 24 of the Act shall be reported by the Contractor to the
Department of Labour as well as to the Client. The Client shall further be provided with
copies of all documentation relating to any incident.
• The Client hereby obtains an interest in the issue of any formal inquiry conducted in terms of
Section 32 of the Act into any incident involving a Contractor and/or his employees and/or his
Contractor.
• No use shall be made of any machinery/article/substance/personal protective equipment that
belongs to the Client without prior written approval.
• 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.
• No alcohol or other intoxicating substance shall be allowed on the premises. Anyone found to
be or suspected of being under the influence of alcohol or any other intoxicating substance
shall be removed from the premises.
• Full participation shall be given if and when Client employees inquire into Occupational
Health and Safety issues.
• The Contractor expressly agrees to comply with the procedures and arrangements as
required by the Act in the execution of the work.
4. The contractor confirms that he has been informed that he must report to Client management (in
writing) anything that he deems to be unhealthy and/or unsafe and that he has versed his
employees and/or contractors in this regard.
5. The Contractor warrants that he shall not endanger the health and safety of any of the Client’s
employees in any way whilst performing any work on the premises.
I, ____________________________ REPRESENTING ___________________________ (COMPANY

NAME) DO HEREBY ACKNOWLEDGE THAT THE COMPANY IS AN EMPLOYER IN ITS OWN RIGHT
WITH DUTIES AS PRESCRIBED BY THE OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993, AS
AMENDED, AND AGREE TO ENSURE THAT ALL SUBCONTRACTED WORK WILL BE PERFORMED OR
MACHINERY AND PLANT USED IN ACCORDANCE WITH THE PROVISIONS AND REQUIREMENTS OF
THE ACT AND REGULATIONS.
I, furthermore agree to comply with the requirements of SOL PLAATJE UNIVERSITY and to liaise with the
OHS&E Department or applicable SPU Project Manager/Sponsor should I, for whatever reason, be unable
to perform in terms of this agreement.
SIGNED ____________ DAY OF _____________ 20__ AT _______________

THIS
SIGNED ON BEHALF OF: ______________________________________________ (CONTRACTOR)
MANDATARY’S COID / FEM REGISTRATION NO.:
SIGNATURE: ___________________________________________
SIGNED ON BEHALF OF: SOL PLAATJE UNIVERSITY (CLIENT)
SIGNATURE: ___________________________________________
TERMS OF REFERENCE
“Mandatary” includes an agent, a contractor, sub-contractor or labour hire contractor for work, but without derogating from his status in
his own right as an employer or user of plant or machinery.
In fulfilment of this agreement you are required to, as a minimum requirement:

1. Familiarise yourself with the relevant provisions of the Act in order to perform in terms of this “Agreement with Mandatary”. The
Occupational Health and Safety Act comprises Sections 1 to 50 and all un-repealed regulations promulgated in terms of the former
Machinery and Occupational Safety Act No. 6 of 1983 as amended, as well as other regulations which may be promulgated in
terms of the new Act.
2. Sign a written “Agreement with Mandatary” as required by Sect 37(1) & (2) of the Act with us before you commence any work on
site or in relation to your subcontract with us.
3. Provide the Contractor with a documented health and safety plan for his acceptance and perform the subcontracted works in
accordance with the accepted plan.
4. Provide your own legal safety documents and registers to comply with the Act’s requirements.
5. Provide the Contractor with a copy of the written appointment of the person who is going to supervise the construction work as per
Construction Regulation.
6. Provide the Contractor with written designation of your nominated Health and Safety Representative as per Section 17(1).
In addition your attention is drawn to the following:

a. “General Duties of Employers to their Employees” as required by Section 8 of the Act.
b. Section 37 of the Occupational Health and Safety Act potentially punishes employers (Contractor) for the unlawful acts or
omissions of mandataries (Subcontractor) where a written agreement between the parties has been concluded containing
arrangements and procedures to ensure compliance with the said Act by the mandatary (Subcontractor).
c. All documents referred to in this Agreement with Mandatary and the Works Information of the Subcontract Agreement form an
integral part of the agreement.
d. Mandataries that utilise the services of their own mandataries (subsubcontractors) are advised to conclude a similar written
agreement.
e. This agreement places the onus on the mandatary (Subcontractor) to contact the Contractor in the event of inability to perform as
per the agreement. The Contractor, however, reserves the right to unilaterally take any steps as may be necessary to enforce the
agreement.
SECTION 37 – OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993
37(1)Whenever an employee does or omits to do any act which it 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, unless it is proved that:
a) in doing or omitting to do that act the employee was acting without the 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 instruction 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.
(2) The provisions of subsection (1) shall mutatis mutandis apply in the case of a mandatary 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
mandatary with the provisions of this Act.
(3) Whenever any employee or mandatary of any employer or user does or omits to do an act which would be an offence in
terms of this Act, for the employer or any such user to do or omit to do, he shall be convicted and sentenced in respect
thereof as if he were the employer or user.
(4) Whenever any employee or mandatary of the State commits or omits to do an act which would be an offence in terms of this
Act, had he been the employee or mandatary of an employer other than the state and had such employer committed or
omitted to do that act, he shall be liable to be convicted and sentenced in respect thereof as if he were such an employer.
(5) Any employee or mandatary referred to in sub section (3) may be so convicted and sentenced in addition to the employer or
user.
(6) Whenever the employee or mandatary of an employer is convicted of an offence consisting of a contravention of section 23,
the court shall, when making an order under section 38(4), make such an order against the employer and not against such
employee or mandatary.
APPOINTMENT OF PRINCIPAL CONTRACTOR – IN TERMS OF THE
OCCUPATIONAL HEALTH AND SAFETY ACT, ACT 85 OF 1993, CONSTRUCTION
REGULATION 5(1)(k)
Principal Contractor’s Name: _________________________________________
Site Address/Location of Work: ________________________________________
I, ________________________________ from or representing SOL PLAATJE UNIVERSITY appoint:
______________________________ (Company Representative Name) from ______________________________ (Company Name),
to perform: ______________________________________ (Scope of Work) at the above site address/location.
You are required to ensure that all requirements of the Occupational Health and Safety Act are complied with at the above mentioned
site. In particular you are required to ensure compliance with the Construction Regulations, which include but is not limited to:
1. Ensuring the necessary sections of the health and safety specification/Permit to Work are adhered to;
2. Ensuring the necessary sections of the health and safety plan are implemented on the construction site;
3. SOL PLAATJE UNIVERSITY Representative will at intervals perform audits/inspection of the site to ensure that your
company and employees are adhering to the requirements;
4. SOL PLAATJE UNIVERSITY or appointed Representative can stop any contractor from executing construction work, which is
not in accordance with, the principal contractor’s health and safety plan for the site or which poses a threat to the health and
safety of persons;
5. Supply SOL PLAATJE UNIVERSITY OHSE DEPARTMENT with a letter of good standing, with the Compensation fund or
another licensed compensation insurer;
This appointment is valid from ________________________________________ to the completion of the stipulated construction work.
_________________________________________________________ _______________________
Signature Date
ACCEPTANCE OF APPOINTMENT
I, _____________________________________of _______________________________ (Company Name) undertake to ensure that

the requirements and provisions of the Act and regulations are complied with on the site, for the Construction Work at the above
mentioned location.
_________________________________________________________ ________________________
Signature Date

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AGREEMENT WITH MANDATARY IN TERMS OF OCCUPATIONAL HEALTH AND

SAFETY ACT 85 OF 1993, SECTION 37 (1) and (2)

WRITTEN AGREEMENT BETWEEN

Whereas the company called for ___________________________________ (Scope of Work)

I, __ REPRESENTING _ (COMPANY

SIGNED ______ DAY OF _ 20 AT ___________

SIGNED ON BEHALF OF: ______________________________________________ (CONTRACTOR)

MANDATARY’S COID / FEM REGISTRATION NO.:

SIGNED ON BEHALF OF: SOL PLAATJE UNIVERSITY (CLIENT)

In fulfilment of this agreement you are required to, as a minimum requirement:

In addition your attention is drawn to the following:

SECTION 37 – OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

I, ________________________________ from or representing SOL PLAATJE UNIVERSITY appoint:

(Company Representative Name) from (Company Name),

to perform: ______________________________________ (Scope of Work) at the above site address/location.

I, _______of _ (Company Name) undertake to ensure that

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