About Contractors and Suppliers in the Food Drinks and Tobacco Industry

The Occupational Health And Safety Act places a legal duty on employers to ensure that their workplace is a Healthy and Safe environment for employers, employees and visitors such as contractors and suppliers. Important steps and documentation needs to be put in place in order to ensure that visitors on your premises understand the Health and Safety rules and regulations implemented on your site.

“Mandatory” is defined as including an agent, a contractor or a subcontractor for work, but without derogating from his status in his own right as an employer or a user of plant and / or machinery. Section 37 of Occupational Health and Safety Act (nr 85 of 1993) potentially punishes the employer (main contractor) for unlawful acts or omissions of mandatories (subcontractors) except where a written agreement between the parties has been concluded containing arrangements and procedures to ensure compliance with the said Act by the mandatory.

Mandatories who utilize the services of their own mandatories (subcontractors) must conclude a similar written agreement with them and inform the employer (main contractor).

A permit shall be issued in terms of the OHS Act (nr 85 of 1993),
where the mandatory needs to perform the following work on the employer’s premises:

  • Work in confined or enclosed spaces
  • Work at elevated positions (e.g. ladders and scaffolding)
  • Roof or ceiling work
  • Work where there is a danger of the trenching or associated items collapsing (e.g. excavation work or work in trenches)
  • Work in hazardous areas (e.g. flammable storage, hazardous chemical substance storage)
  • Demolition work (breaking down buildings)
  • Working on pressurised pipes
  • Blasting work (usually construction and mining)
  • Working on internal combustion engines
  • Electrical installation work