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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 safe machinery and equipment: The company
failed to ensure that all machinery, specifically the unguarded
press machine, was safe and properly maintained before being
used by employees, constituting a direct contravention of Section
8(1) of the OHS Act (South Africa, 1993: s 8(1); Esterhuyzen &
Louw, 2017b: 62).
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- Duty to provide information, instruction, and training: The
company neglected to adequately inform, instruct, and train
employees on the safe operation of machinery, particularly
regarding the safety guards that were deliberately removed,
violating Section 8(2)(e) of the OHS Act (South Africa, 1993: s
8(2)(e); Nel & Van Wyk, 2018: 45).
- Duty to implement and maintain health and safety policies: The
company failed to establish, implement, and maintain a
comprehensive health and safety policy, including regular
inspections and risk assessments, thereby contravening Section 7
of the OHS Act (South Africa, 1993: s 7; Botha & Du Plessis, 2019:
28).
Question 2: Discuss the responsibilities of health and safety
representatives as outlined in the OHS Act that could have
prevented this incident.
Health and safety representatives play a critical role in workplace
safety. The following responsibilities, as outlined in the OHS Act,
could have prevented the incident at Ubuntu Steel Manufacturing:
- Conducting regular workplace inspections: Health and safety
representatives are empowered to inspect the workplace at least
once per month or more frequently as agreed upon. Had the
representative conducted thorough inspections, the unguarded
machine would have been identified as a hazard and reported
before the incident occurred (South Africa, 1993: s 18(1)(b);
Esterhuyzen & Louw, 2017a: 78).
,2 | Page
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 safe machinery and equipment: The company
failed to ensure that all machinery, specifically the unguarded
press machine, was safe and properly maintained before being
used by employees, constituting a direct contravention of Section
8(1) of the OHS Act (South Africa, 1993: s 8(1); Esterhuyzen &
Louw, 2017b: 62).
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- Duty to provide information, instruction, and training: The
company neglected to adequately inform, instruct, and train
employees on the safe operation of machinery, particularly
regarding the safety guards that were deliberately removed,
violating Section 8(2)(e) of the OHS Act (South Africa, 1993: s
8(2)(e); Nel & Van Wyk, 2018: 45).
- Duty to implement and maintain health and safety policies: The
company failed to establish, implement, and maintain a
comprehensive health and safety policy, including regular
inspections and risk assessments, thereby contravening Section 7
of the OHS Act (South Africa, 1993: s 7; Botha & Du Plessis, 2019:
28).
Question 2: Discuss the responsibilities of health and safety
representatives as outlined in the OHS Act that could have
prevented this incident.
Health and safety representatives play a critical role in workplace
safety. The following responsibilities, as outlined in the OHS Act,
could have prevented the incident at Ubuntu Steel Manufacturing:
- Conducting regular workplace inspections: Health and safety
representatives are empowered to inspect the workplace at least
once per month or more frequently as agreed upon. Had the
representative conducted thorough inspections, the unguarded
machine would have been identified as a hazard and reported
before the incident occurred (South Africa, 1993: s 18(1)(b);
Esterhuyzen & Louw, 2017a: 78).
