Assignment 1 Semester 1 2026
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Due Date: March 2026
QUESTION 1
1.1 Two Key Limits That Decide Whether a Disease Is Covered by ODIMWA
Occupational Setting Requirement:
A disease will only be covered under the Occupational Diseases in Mines and Works Act 78
of 1973 if it is contracted in the specific environment of a controlled mine or controlled works
where risk work is performed. This means that the Act applies only to people who work or
have worked at mines or works which the law has declared “controlled”. If a person contracts
a disease outside these controlled workplaces, compensation under this Act will not apply.
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QUESTION 1
1.1 Two Key Limits That Decide Whether a Disease Is Covered by ODIMWA
Occupational Setting Requirement:
A disease will only be covered under the Occupational Diseases in Mines and Works Act
78 of 1973 if it is contracted in the specific environment of a controlled mine or controlled
works where risk work is performed. This means that the Act applies only to people who
work or have worked at mines or works which the law has declared “controlled”. If a
person contracts a disease outside these controlled workplaces, compensation under this
Act will not apply.
Type of Disease Covered:
ODIMWA limits compensation to a defined list of occupational lung diseases that are
recognised by the Act. It does not cover every occupational illness. The law specifies only
certain diseases (such as silicosis, tuberculosis or similar lung conditions) as
compensatable, and these must be proved to arise from the exposure risk encountered
during mining or works activities. If the illness is not on that list or cannot be medically
linked to work exposure, it will not be compensatable under ODIMWA.
These limits ensure that ODIMWA focuses specifically on serious diseases caused by
mining and related work conditions, rather than on general health issues experienced by
workers in other industries.
1.2 One Way in Which ODIMWA Differs from COIDA in Scope and Application
The Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and
ODIMWA both deal with compensation for work-related diseases, but they differ
significantly in scope.
ODIMWA is industry specific: it applies only to miners and workers in controlled mines and
works, and only for a limited set of occupational diseases.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.