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OHS2602 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026; 100% Correct solutions and explanations.

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OHS2602 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026; 100% Correct solutions and explanations. QUESTION 1.1 Name and discuss two key limits that decide whether a disease is covered by the Occupational Diseases in Mines and Works Act 78 of 1973 (ODIMWA). (5) 1.2 Identify and discuss one way in which ODIMWA differs from the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) in terms of scope and application. (5) 1.3 Zelda is employed as a domestic worker. She has been employed by the same employer for 10 years. Her employer relocates to Australia; consequently, Zelda is no longer employed. Zelda's children are still at school, and she is the only breadwinner. She needs some assistance to provide for her children. She comes to you for advice. Does Zelda have a claim in terms of the Unemployment Insurance Act 63 of 2001? If so, how should she go about making a claim for benefits? (5) 1.4 Khulekani, a Malawian national, has worked informally for five years as a petrol attendant at a small filling station in Mpumalanga. He is paid in cash, does not have a work permit, and has never signed an employment contract. After asking for sick leave, he was dismissed via SMS without notice. Discuss and assess whether Khulekani may be regarded as an employee in terms of Section 213 of the Labour Relations Act 66 of 1995 and the Discovery Health ruling. (5) TOTAL ASSESSMENT 1: [20]

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, OHS2602 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2026 - DUE March 2026; 100% Correct solutions
and explanations.
Question 1

1.1 Key Limits for Diseases Covered Under ODIMWA
(Occupational Diseases in Mines and Works Act 78 of 1973)

The Occupational Diseases in Mines and Works Act (ODIMWA) 78
of 1973 is designed to provide compensation to employees who contract
diseases arising directly from their work in mines and related industrial
sectors. However, not all diseases qualify. There are key legal limits
that determine eligibility:

1.1.1 Work-Relatedness / Occupational Exposure

One of the most fundamental limits is that the disease must have a direct
causal link to the employee’s work environment or occupational
activities. The law recognises only diseases caused or significantly
aggravated by hazardous exposures inherent to mining and certain
industrial processes.

 Example: An employee exposed to silica dust in a gold mine who
develops silicosis is covered, because the disease results directly
from workplace exposure.
 Non-example: The same employee contracting TB from
community contact would not be covered under ODIMWA, as the
disease is not attributable to occupational conditions.

This limit ensures that compensation is restricted to occupational
risk, preventing abuse of the Act for illnesses unrelated to the job.

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Publisher: 2016 ISBN: 9781862876392 Edition: Unknown

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