OHS2601 LATEST EXAM PPACK

Exam notes for OHS2601 QUESTION 1 The former General Secretary of the United Nations once remarked. “Safety and health of workers is a part and parcel of human security, Safe Work is only sound economic policy, it is a basic human right.” 1.1 With reference to the above statement, discuss the following aspects raised below. (a) The purpose of the Occupational Health and Safety Legislation, in particular the Occupational Health and Safety Act, 1993. (2) The main objectives are the following:  to provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; and  the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work. (b) The scope of coverage of the OHSA. (2) The OHSA covers all areas of employment activity and use of machinery. Employers are required to ensure the health and safety of not only their employees but of all persons who may be directly affected by their activities. The Minister of Labour has the power to extend the application of the Act at any time. (c) The purpose of the Mine Health and Safety Act, 1996. (2) The main objectives of the Act are the following:  To protect the health and safety of persons at mines.  to require employers and employees to identify hazards and eliminate, control and minimise the risks relating to health and safety at mines.  to give effect to the public international law obligations of the Republic that concern health and safety at mines.  to provide for effective monitoring of health and safety conditions at mines.  to provide for enforcement of health and safety measures at mines.  to provide for investigations and inquiries to improve health and safety at mines. To promote:  a culture of health and safety in the mining industry;  training in health and safety in the mining industry; and  co-operation and consultation on health and safety between the state, employers, employees and their representatives. (d) The scope of coverage of the MHSA. (2) The Act covers all areas of health and safety for employees and persons at mines. 1.2 Define the concept of RISK MANAGEMENT. (3) Risk Management is the identification, analysis, assessment, control and avoidance, minimization, or elimination of unacceptable risk. An organisation may use risk assumption, 2014 Oct/Nov 2013 Oct/Nov 2012 Oct/Nov 2011 May/Jun 2014 Oct/Nov 2013 Oct/Nov 2013 May/Jun 2012 Oct/Nov 2014 Oct/Nov 2013 Oct/Nov 2013 May/Jun 2012 Oct/Nov 2011 May/Jun risk avoidance, risk retention, risk transfer or any other strategy in proper management of future events. 1.3 Albert worked as a packer at Fish & Fry. He slipped on the floor and broke his neck. As a result, he was permanently paralysed. (a) Can Albert lodge a claim in terms of the COIDA? (2) Yes. The Act applies to all employers and all casual and full-time employees who:  Become ill, or  are injured, disabled or killed as a result of a workplace accident or workplacerelated disease. Albert just has to show that he was:  an employee  Injured on duty, and  That he has been absent from work for more than three continuous days. (b) Would Albert still have a claim if he were injured as a result of the fact that, he did non wear the required safety shoes? (2) Yes. An employee or a dependant does not have to prove fault (that the injury, death or disease was caused by a negligent or intentional act) on the part of his employer (or anyone else) in order to be entitled to compensation in terms of COIDA. The basis of a claim for compensation is simply that the employee was injured or died as a result of an accident arising out of and in the course of employment. This system