The comprehensive legal and operational guide to Section 37(2) mandatory agreements under the OHS Act, structuring client-contractor indemnities, and preventing vicarious criminal liability.
Structuring enforceable Section 37(2) agreements to eliminate vicarious criminal liability.Section 37(1) creates a strict statutory presumption that the acts or omissions of any contractor on your premises are deemed to be your company's own offenses, unless a valid Section 37(2) agreement is in place.
No. The client must still demonstrate reasonable care in pre-qualifying contractors and verifying competency.
