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UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS a4 ioe UNISA lee OHS2601 October/November 2012 OCCUPATIONAL HEALTH AND SAFETY LAW IIA Duraton 2 Hours, 100 Marks EXAMINERS : FIRST MR Cl TSHOOSE SECOND PROF AH DEKKER Closed book examination This examination question paper remains the property of the University of South Afri and may not be removed from the examination venue. " saa Thus paper consists of 3 pages. INSTRUCTIONS: 1 This is a CLOSED BOOK EXAMINATION. 2° Donot underestimate your time - you only have two hours to complete this examination. 3. Thus is NOT a selective examination - you may not choose between questions. 4. ‘This paper is only in English. However, students may clect to answer in either Afrikaans or English 5. Good luck! ANSWER ALL THE QUESTIONS. QUESTION 1 us} 1.1 The former General Secretary of the United Nations (Kofi Annan) once remarked that: "Safety and health of workers is a part and parcel of human security, Safe Work 1s not only sound economic policy, it 1s a basic human right." With reference to the above statement Discuss the following aspects raised below (@ The purpose of Occupational Health and Safety Legislation, in particular the Occupational Health and Safety Act, 1993 (hereinafter OHSA). @) (b) The scope of coverage of the OHSA Q) (c) The purpose of the Mine Health and Safety Act, 1996. (hereinafter MHSA) Q) (d) The scope of coverage of the MHSA. Q) ITURN OVER} 12 13 2 OHS2601 October/November 2012 Define the concept of RISK MANAGEMENT @) ‘Albert worked at as a packer at Fish & Fry. He slipped on the floor and broke his neck. Asa result, he was permanently paralysed. (@ Can Albert lodge a claim in terms of the COIDA? Q (b) Would Albert still have a claim if he were myured as a result of the fact that, he did not wear the required safety shoes? Q) QUESTION 2 (20) 21 22 23 You are an inspector for the Department of Mineral and Energy Affairs. On inspection at a mine you notice that the cables used to hoist a mine car are badly damaged and that this poses an immediate threat to the safety of the mineworkers What must and may you do in terms of the MHSA to ensure the safety of the mineworkers? Discuss in full (10) ‘When does an employee have the right to leave a workplace on the mine? Discuss. 6) Do employees have a night to legal representation at an investigation and enquiry held in terms of the Mine Health and Safety Act 29 of 1996? 6) QUESTION 3 RsI 31 3.2 Eric works at the Quick Stop Company, which produces brake pads for cars. He uses a guillotine to cut sheet metal used for the brake pads This guillotine had complied with all the safety regulations, One day, however, the guillotine broke As Eric was in a hurry to complete a job, he used another guillotine on the premises owned by John, a contractor who does specialised work for the Quick Stop Company John leaves his guillotine on the premises of the Quick Stop Company, as it 1s easter for him to complete his work there Eric was in such a hurry that he got hus right hand caught in the guillotine’s blades. His hand was severed. John had entered into an agreement with the Quick Stop Company regarding health and safety. Interms of the agreement, he undertook to comply with the provisions of the Occupational Health and Safety Act 85 of 1993. What are the legal implications of section 37 in this set of facts? (15) John is employed by a firm manufacturing asbestos pipes and is rather concerned about a cough which he has had for about seven months He has on three occasions reported to his employer that he (John) has to work in a rom where asbestos dust occurs 1n large quantities, and according to John’s doctor his cough was partly caused by exposure to asbestos dust The employer informs him that he has no control over the dust and that John must accept things as they are. Advise John with reference to the OHSA whether the employer 1s correct. (lo) ITURN OVER) 3 OHS2601 October/November 2012 QUESTION 4 10) Jack is an independent contractor working for ABC Company It has been observed that Peter can be ‘careless at times The directors of ABC Company are afraid that they might incur criminal liability for any act by Jack which is an offence in terms of the OHSA, 1993. What 1s the directors’ legal position and how can they avoid the possibility of criminal liability? Discuss fully with reference to the applicable definitions. (10) QUESTION 5 [30] 5.1 What steps must be taken by an inspector with respect to the written report once an investigation has been completed? (15) 52 Discuss the circumstances under which information can be disclosed and the steps that can be taken if there isa dispute conceming the disclosure of information, in terms of the Mine Health and Safety Act 29 of 199. (1s) TOTAL: [100] ° UNISA 2012