The End of the Section 37(2) agreement

The Amendments to the OHS Act 1993 is soon to put an end to the written agreements between companies and their contractors.

The proposed change to Section 42 of the Act deletes the proviso that compliance with the Act will be subject to an agreement between two parties on how the requirements of the Act will be complied with by the supplier or contractor.

This change applies to both agreements in Section 37(2) and Section 10(4) regardless of whether it was made before or after the commencement of the amendments.

This is great news for Construction companies where “start of work” has often been delayed due to the 37(2) agreement not being signed on time. This also has a major effect on standard forms of contract such as the JBCC or NEC contracts.

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