, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
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)
Two central limitations determine whether a disease falls within the scope of the Occupational Diseases in
Mines and Works Act 78 of 1973 (ODIMWA).
The first is the sectoral or employment-based limitation. ODIMWA applies specifically to persons employed
at “controlled mines” or “controlled works” as defined in the Act (ODIMWA s 1). The legislation was
historically designed to address occupational lung diseases prevalent in the mining industry, particularly
gold and asbestos mining. As a result, only workers who performed risk work in these designated sectors
may qualify. Employees outside the mining and related industries are excluded, even if they suffer from
occupational diseases. This narrow industrial focus limits the Act’s application to a defined category of
employment (ODIMWA s 2).
The second is the scheduled disease and causal link limitation. ODIMWA compensates primarily for
diseases listed in its schedule, such as pneumoconiosis (including silicosis) and certain other dust-related
diseases (ODIMWA sch 3). A claimant must prove not only that the disease is medically diagnosed but also
that it arose from exposure to harmful dust during employment at a controlled mine or works. The Medical
Bureau for Occupational Diseases assesses this causal connection (ODIMWA ss 29–35). Diseases not listed,
or conditions without sufficient occupational nexus, fall outside the Act’s compensatory framework.
QUESTION 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)
Key difference: Scope of application across industries
o ODIMWA is sector-specific, limited mainly to workers in controlled mines and works who
suffer from listed occupational lung diseases (e.g., pneumoconiosis, silicosis, asbestosis, and
related TB) (ODIMWA s 2; sch 3).
o COIDA has a general and comprehensive scope, applying to most employees across South
Africa for occupational injuries (e.g., accidents) and diseases arising out of and in the course
of employment, covering a wide range of industries and harm types (COIDA s 22; sch 3).
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)
Two central limitations determine whether a disease falls within the scope of the Occupational Diseases in
Mines and Works Act 78 of 1973 (ODIMWA).
The first is the sectoral or employment-based limitation. ODIMWA applies specifically to persons employed
at “controlled mines” or “controlled works” as defined in the Act (ODIMWA s 1). The legislation was
historically designed to address occupational lung diseases prevalent in the mining industry, particularly
gold and asbestos mining. As a result, only workers who performed risk work in these designated sectors
may qualify. Employees outside the mining and related industries are excluded, even if they suffer from
occupational diseases. This narrow industrial focus limits the Act’s application to a defined category of
employment (ODIMWA s 2).
The second is the scheduled disease and causal link limitation. ODIMWA compensates primarily for
diseases listed in its schedule, such as pneumoconiosis (including silicosis) and certain other dust-related
diseases (ODIMWA sch 3). A claimant must prove not only that the disease is medically diagnosed but also
that it arose from exposure to harmful dust during employment at a controlled mine or works. The Medical
Bureau for Occupational Diseases assesses this causal connection (ODIMWA ss 29–35). Diseases not listed,
or conditions without sufficient occupational nexus, fall outside the Act’s compensatory framework.
QUESTION 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)
Key difference: Scope of application across industries
o ODIMWA is sector-specific, limited mainly to workers in controlled mines and works who
suffer from listed occupational lung diseases (e.g., pneumoconiosis, silicosis, asbestosis, and
related TB) (ODIMWA s 2; sch 3).
o COIDA has a general and comprehensive scope, applying to most employees across South
Africa for occupational injuries (e.g., accidents) and diseases arising out of and in the course
of employment, covering a wide range of industries and harm types (COIDA s 22; sch 3).
