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Agreement with Mandatory in Terms of Section 37(1) and (2) Template

Agreement with Mandatory in Terms of Section 37(1) and (2) Template: An Overview

When it comes to drafting an agreement that complies with Section 37(1) and (2) of the South African Occupational Health and Safety Act, it is essential to consider a template that adheres to all necessary legal requirements. This section specifies that every employer must have a written agreement with a prominent trade union or, if there is no such union, with the elected health and safety representatives. The agreement must commit the parties to a process of consultation on all matters relating to health and safety in the workplace, as well as on any proposed changes to these policies.

The following is an overview of a template for an agreement that complies with Section 37(1) and (2) and other relevant provisions of the OHS Act.

1. Parties and Scope of Agreement

The agreement must begin by identifying the parties to the agreement and the scope of the agreement. This should include a clear statement that the employer wishes to comply with its obligations under the OHS Act and that the parties agree to consult on all matters relating to health and safety in the workplace.

2. Constitution of Health and Safety Committee

If the employer has more than 20 employees, it must establish a health and safety committee. The agreement should outline the constitution of this committee, including the number of members, their terms of reference, and their roles and responsibilities. The agreement should also outline the process for electing members of the committee and for filling any vacancies that may arise.

3. Procedures for Consultation

The agreement should outline the procedures for consultation between the employer and the health and safety committee or trade union. This should include the frequency and duration of meetings, the process for calling meetings, the distribution of agendas and minutes of meetings, and the process for raising issues for discussion.

4. Training and Education

The agreement should outline the training and education requirements for members of the health and safety committee or trade union. This should include any required training for specific roles and responsibilities, as well as any general training on health and safety issues.

5. Reporting and Review

The agreement should outline the reporting requirements for the health and safety committee or trade union, including the submission of reports on any incidents or accidents in the workplace. The agreement should also outline the process for reviewing the agreement and making any necessary amendments.

Conclusion

In conclusion, it is essential to have an agreement in place that complies with Section 37(1) and (2) of the OHS Act. This template provides a general guide for drafting such an agreement. However, it is essential to seek professional legal advice to ensure that the agreement meets all necessary legal requirements and is specific to the particular circumstances of the workplace.

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PRESS & EVENTS

EVENTS

  • 2012 Lauched New Product Line
  • 2011 Launched Technofresh Agri Solutions, India
  • PRO Institute Des Moines, 2010, Iowa, USA
  • NAFEM Show, 2009, Orlando, USA
  • Post Harvest 2008, Bangalore, India

PRESS

2010 U.S. Patent issued for CA FILMS, Patent Number 7,772,139

2009 Book in Press to Microbial Safety of Fresh Produce, ISBN:978-0-8138-0416-3

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