Highlights
Anna, Sethiena and Edeen is three young ladies who work as employees for Steel 123 (Pty) Ltd in the coke plant. Coke is produced by igniting bituminous coal under reduced oxygen conditions in oven batteries specifically designed for this process. The process generates volatiles such as coke oven gas, tar, ammonium sulphate, benzol, toluol and naphtha. From the 1st of April 2021, the employer of Steel 123 (Pty) Ltd requires that Edeen be responsible for the dry distillation process. Since Sethiena have a diploma in Safety Management, she is responsible for the quality of the coke that is generated. Anna is responsible to regulate the pollution and reducing the emissions from the coke oven.
1.1 Make recommendations to the owner of Steel 123 (Pty) Ltd about the PPE that must be supplied to Anna, Edeen and Sethiena respectively to protect them in their departments.
1.2 You are appointed as an occupational hygienist in this coke plant where complex processes are used. How can the duties of the health and safety representatives help you to perform your duties?
1.3 Is there an absolute duty on Steel 123 (Pty) Ltd to provide safety measures for every possible hazard or risk that have been identified in terms of the Occupational Health and Safety Act 85 of 1993? Discuss and motivate your answer by referring to case law.
1.4 Sarah has been appointed as assistant to the chief executive officer. Sarah knows that PPE is necessary, but she does nothing to inform Steel 123 (Pty) Ltd of this. Sarah’s duties include monitoring health and safety at the coke plant. Will Sarah as the assistant to the chief executive officer, be criminally liable for the nonfulfilment of the duties assigned to the chief executive officer in terms of the Occupational Health and Safety Act 85 of 1993. Discuss.
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