UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS. UNISA Tiss OHS2601 May/June 2014 OCCUPATIONAL HEALTH AND SAFETY LAW IIA Duration 2 Hours 100 Marks: EXAMINERS : FIRST MRT KUNENE SECOND MR CI TSHOOSE Closed book examination ‘This examination question paper remains the property of the University of South Africa and may not be removed from the examination venue. This paper consists of 2 pages INSTRUCTIONS: 1. This is NOT an open book examination, 2. Do not underestimate your time - you only have two hours to complete this examination. 3. This is NOT a selective examination - you may not choose between questions. 4. This paper is only in English. However, students may elect to answer in either Afrikaans or English. 5. od Iuek! ANSWER THE FOLLOWING QUESTIONS WITH A TRUE OR FALSE QUESTION 1 (20) 1 2 3 A Health and Safety representative is never hable in any capacity An employer shall always be responsible for accidents which happen to his employees. It1s common cause that all types of work carry risks to the health and safety of employees With this in mind, the South African law does not recognise the duty of employers to take reasonable care for the safety and health of their employees ‘The Occupational Health and Safety act no 85 of 1993 apply to all the people employed in South Affiea The number of health and safety representatives for a workplace shall in the case of shops and offices be at least ten health and safety representatives for every 100 employees In the case of all other workplaces at five health and safety representatives for every 50 employees. ‘The rights of a part-time health and safety representative apply to the whole mine It 1s the duty of the Health and Safety representative to participate in any health and safety inspections by the employer or persons acting on behalf of an employer or inspector ITURN OVER}2 OHS2601 May/June 2014 The Chief inspector of Mies 1s subject to the control and direction of the Mine Manager 9 An Inspector of Mines has the function to advise the Minister m charge of Mines on Health and Safety matters 10. Anemployee has the duty to leave a dangerous working place on a mine QUESTION 2 20) (@) John must perform work in a confined space and 1s concerned about the quality of air in the confined space Explain to him what is required to be done when an employee must work in a confined space (GSPS) (10) (6) Explain the term "mandatory" and "user" 3) (© When will an employer not be lable for the actions of his employees? 6) QUESTION 3 {20 (a) With reference to Mines, explain the purpose of a section 63 certificate (10) (b) With reference to OHSA explamn the rights of a Health and Safety Representative (10) QUESTION 4 [20] Last and discuss the nghts of employees with reference to the Mine Health and Safety Act QUESTION 5 20) What are the specific duties of an employer with reference to the OHSA subject to the "reasonable practicable" qualification and those not subyect to "reasonable practicable” qualification TOTAL: [100] 2 UNISA 2014