MN02603
ASSIGNMENT 3
DUE DATE: APRIL 2026
,SECTION B: CASE STUDY 1 – ENHANCING WORKPLACE SAFETY
Question 1: Identify four general duties of employers in terms of the OHS Act that
were contravened in the scenario.
The following general duties of employers, as stipulated in the Occupational
Health and Safety Act (OHS Act), were contravened by Ubuntu Steel
Manufacturing:
Duty to provide a safe working environment: The company failed to provide and
maintain a workplace that was safe and without risk, as evidenced by the unguarded
machine that malfunctioned and caused a serious injury (South Africa, 1993: s 8(1);
Esterhuyzen & Louw, 2017a: 51).
Duty to provide information, instruction and training: Allowing employees to operate
machinery without adequate training, the employer violated the duty to provide the
necessary instruction and training to ensure their health and safety (South Africa,
1993: s 8(2)(d); Esterhuyzen & Louw, 2017a: 51).
Duty to have a health and safety policy: The fact that no written health and safety
policy could be produced contravenes Section 7 of the OHS Act, which requires
employers to prepare a written policy concerning the protection of employees' health
and safety (Esterhuyzen & Louw, 2017a: 51).
Duty to report incidents: The company failed in its legal duty by not reporting the
serious hand injury to the Department of Employment and Labour, as required by
Section 24 of the OHS Act (Esterhuyzen & Louw, 2017a: 54).
, Question 2: Explain two employer duties relating to providing information,
instruction and training to employees.
Based on Section 8 of the OHS Act
Ensuring competence through training: The employer must provide the necessary
information, instruction, and training to ensure, as far as reasonably practicable, the
health and safety of employees at work. This means that before allowing an employee
to perform a task, the employer must ensure they have the knowledge and skills to do
so safely, which Ubuntu Steel failed to do (South Africa, 1993: s 8(2)(d); Esterhuyzen,
2017: 24).
Informing employees of hazards and precautionary measures: The employer has a
duty to inform employees of the dangers (safety hazards) present in the workplace and
the precautionary measures that should be taken against them. This is crucial for
enabling employees to protect themselves. The company's failure to provide adequate
training meant that employees were unaware of the risks associated with operating
unguarded machinery (Esterhuyzen, 2017: 24; South Africa, 1993: s 13).
ASSIGNMENT 3
DUE DATE: APRIL 2026
,SECTION B: CASE STUDY 1 – ENHANCING WORKPLACE SAFETY
Question 1: Identify four general duties of employers in terms of the OHS Act that
were contravened in the scenario.
The following general duties of employers, as stipulated in the Occupational
Health and Safety Act (OHS Act), were contravened by Ubuntu Steel
Manufacturing:
Duty to provide a safe working environment: The company failed to provide and
maintain a workplace that was safe and without risk, as evidenced by the unguarded
machine that malfunctioned and caused a serious injury (South Africa, 1993: s 8(1);
Esterhuyzen & Louw, 2017a: 51).
Duty to provide information, instruction and training: Allowing employees to operate
machinery without adequate training, the employer violated the duty to provide the
necessary instruction and training to ensure their health and safety (South Africa,
1993: s 8(2)(d); Esterhuyzen & Louw, 2017a: 51).
Duty to have a health and safety policy: The fact that no written health and safety
policy could be produced contravenes Section 7 of the OHS Act, which requires
employers to prepare a written policy concerning the protection of employees' health
and safety (Esterhuyzen & Louw, 2017a: 51).
Duty to report incidents: The company failed in its legal duty by not reporting the
serious hand injury to the Department of Employment and Labour, as required by
Section 24 of the OHS Act (Esterhuyzen & Louw, 2017a: 54).
, Question 2: Explain two employer duties relating to providing information,
instruction and training to employees.
Based on Section 8 of the OHS Act
Ensuring competence through training: The employer must provide the necessary
information, instruction, and training to ensure, as far as reasonably practicable, the
health and safety of employees at work. This means that before allowing an employee
to perform a task, the employer must ensure they have the knowledge and skills to do
so safely, which Ubuntu Steel failed to do (South Africa, 1993: s 8(2)(d); Esterhuyzen,
2017: 24).
Informing employees of hazards and precautionary measures: The employer has a
duty to inform employees of the dangers (safety hazards) present in the workplace and
the precautionary measures that should be taken against them. This is crucial for
enabling employees to protect themselves. The company's failure to provide adequate
training meant that employees were unaware of the risks associated with operating
unguarded machinery (Esterhuyzen, 2017: 24; South Africa, 1993: s 13).
