HLOSX2A - Occupational Health and Safety Law - Law Assignment Help

Assignment Task

Assignment
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.
On the 3rd of April 2021, Sethiena was required to come in early to prepare for a risk assessment that would be conducted that day. Whilst she was standing in the building ready for the risk assessment, a portion of a 50 m stack at one of the operation’s coke batteries failed and feel onto the coke battery control room where Sethiena was working. Sethiena died instantly. Sethiena’s spouse, John, who married out of community of property is traumatised by Sethena’s death and also extremely concerned about the household finances as Sethiena was the sole breadwinner.

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 Assume that Sethiena did not die as a result of the incident. He now wants to claim compensation. What are the essential elements that must be proved before
compensation may be awarded to Sethiena in terms of COIDA.

1.3 Would your answer have differed if Sethiena and John were not married, and Sethiena died? Assume that they had been living together for several years, however their friends and family did not accept them as a married couple and that Sethiena has taken on the role of sole breadwinner since she started working five years ago.

1.4 Identify and discuss the ergonomic risks with respect to Anna, Sethiena and Edeen who works for Steel 123 (Pty) Ltd.

1.5 During a walkthrough survey Anna observe that most of the workers are not wearing personal protective equipment (PPE). The employer tells Anna that she complied with the requirements of the OHSA by making PPE available, but the workers refuse to wear it. Formulate your reaction and advice to the employer.

Your answer should reflect legislation and case law.

1.6 Steel 123 (Pty) Ltd want to demolish the coke plant. After demolishment, they want to erect an even bigger more advanced coke plant. The problem is that Steel 123
(Pty) Ltd do not know the application procedure to erect the bigger plant, if any. Advise them and include how Steel 123 (Pty) Ltd should go about in removing and disposing of the rubble (which contains the volatiles).

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