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OHS2602 Assignment 1 Semester 1 2026 (Answer Guide) – Due 12
March 2026
OCCUPATIONAL HEALTH AND SAFETY LAW
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .......................................................................................................................................... 2
1.1 Two key limits that determine whether a disease is covered by the Occupational
Diseases in Mines and Works Act 78 of 1973 (ODIMWA) .......................................................... 2
(a) Industry or workplace limitation ............................................................................................ 2
(b) Disease-specific limitation ...................................................................................................... 2
1.2 One way in which ODIMWA differs from COIDA in terms of scope and application... 3
1.3 Claim for benefits under the Unemployment Insurance Act 63 of 2001 ......................... 4
(a) Eligibility for UIF benefits ........................................................................................................ 4
(b) Procedure for claiming benefits ............................................................................................ 4
1.4 Employee status in terms of section 213 of the Labour Relations Act 66 of 1995 and
the Discovery Health ruling ............................................................................................................... 5
(a) Definition of an employee under section 213 ..................................................................... 5
(b) Application of the Discovery Health ruling ......................................................................... 5
References ............................................................................................................................................. 6
, 2|Page
QUESTION 1
1.1 Two key limits that determine whether a disease is covered by the
Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA)
(5 marks)
The Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA) provides
compensation for employees who contract specific occupational diseases as a result of
working in mines and works. However, coverage under ODIMWA is not automatic and
is determined by certain legal limits. Two key limits are discussed below.
(a) Industry or workplace limitation
One of the primary limits under ODIMWA is that it applies only to employees working
in mines and works as defined by the Act. This includes activities such as mining
operations, mineral processing, and other work declared as “controlled works” by the
Minister. Employees working outside these designated environments, even if they
contract similar diseases, are excluded from ODIMWA and may instead fall under
COIDA (Kleynhans et al., 2018).
This limitation ensures that ODIMWA targets industries with historically high exposure to
hazardous substances such as silica dust and asbestos. As a result, workers in non-
mining sectors cannot rely on ODIMWA for compensation, regardless of the nature or
severity of their illness.
(b) Disease-specific limitation
A second key limit is that ODIMWA only compensates for listed occupational
diseases. These diseases are primarily related to dust exposure, such as silicosis,
asbestosis, and certain occupational lung diseases. If an employee contracts a disease
that is not listed or medically recognised under ODIMWA, compensation cannot be
claimed under the Act (Grogan, 2020).
OHS2602 Assignment 1 Semester 1 2026 (Answer Guide) – Due 12
March 2026
OCCUPATIONAL HEALTH AND SAFETY LAW
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .......................................................................................................................................... 2
1.1 Two key limits that determine whether a disease is covered by the Occupational
Diseases in Mines and Works Act 78 of 1973 (ODIMWA) .......................................................... 2
(a) Industry or workplace limitation ............................................................................................ 2
(b) Disease-specific limitation ...................................................................................................... 2
1.2 One way in which ODIMWA differs from COIDA in terms of scope and application... 3
1.3 Claim for benefits under the Unemployment Insurance Act 63 of 2001 ......................... 4
(a) Eligibility for UIF benefits ........................................................................................................ 4
(b) Procedure for claiming benefits ............................................................................................ 4
1.4 Employee status in terms of section 213 of the Labour Relations Act 66 of 1995 and
the Discovery Health ruling ............................................................................................................... 5
(a) Definition of an employee under section 213 ..................................................................... 5
(b) Application of the Discovery Health ruling ......................................................................... 5
References ............................................................................................................................................. 6
, 2|Page
QUESTION 1
1.1 Two key limits that determine whether a disease is covered by the
Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA)
(5 marks)
The Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA) provides
compensation for employees who contract specific occupational diseases as a result of
working in mines and works. However, coverage under ODIMWA is not automatic and
is determined by certain legal limits. Two key limits are discussed below.
(a) Industry or workplace limitation
One of the primary limits under ODIMWA is that it applies only to employees working
in mines and works as defined by the Act. This includes activities such as mining
operations, mineral processing, and other work declared as “controlled works” by the
Minister. Employees working outside these designated environments, even if they
contract similar diseases, are excluded from ODIMWA and may instead fall under
COIDA (Kleynhans et al., 2018).
This limitation ensures that ODIMWA targets industries with historically high exposure to
hazardous substances such as silica dust and asbestos. As a result, workers in non-
mining sectors cannot rely on ODIMWA for compensation, regardless of the nature or
severity of their illness.
(b) Disease-specific limitation
A second key limit is that ODIMWA only compensates for listed occupational
diseases. These diseases are primarily related to dust exposure, such as silicosis,
asbestosis, and certain occupational lung diseases. If an employee contracts a disease
that is not listed or medically recognised under ODIMWA, compensation cannot be
claimed under the Act (Grogan, 2020).
