Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
Detailed solutions, explanations, workings
and references.
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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.
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