Occupational Safety and Health

OHS101S/101/0/2012

Tutorial letter 101/0/2012
Occupational Health and Safety Law (OHS101S) Year module

Department of Mercantile Law

This tutorial letter contains important information about your module.

Bar code

CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction and welcome .............................................................................................. 3 Purpose and outcomes of the module ........................................................................... 4 Lecturer and contact detail ............................................................................................. 6 Module related resources............................................................................................... 7 Student support services for the module ....................................................................... 9 Module specific study plan ........................................................................................... 11 Assessments ................................................................................................................ 10 Frequently asked questions ......................................................................................... 12 Assignments ................................................................................................................. 14

Please note / important note: <insert content>

2

OHS101S/101 1. Introduction and welcome We are pleased to welcome you to this module and hope that you will find it both interesting and rewarding. We shall do our best to make your study of this module successful. You will be well on your way to success if you start studying early in the year and resolve to do the assignments properly. You will receive a number of tutorial letters during the year. A tutorial letter is our way of communicating with you about teaching, learning and assessment. Tutorial Letter 101 contains important information about the scheme of work, resources and assignments for this module. We urge you to read it carefully and to keep it at hand when working through the study material, preparing the assignments, preparing for the examination and addressing questions to your lecturers. Please read Tutorial Letter 301 in combination with Tutorial Letter 101 as it gives you an idea of generally important information when studying at a distance and within a particular College. In Tutorial Letter 101, you will find the assignments and assessment criteria as well as instructions on the preparation and submission of the assignments. This tutorial letter also provides all the information you need with regard to the prescribed study material and other resources and how to obtain it. Please study this information carefully and make sure that you obtain the prescribed material as soon as possible. We have also included certain general and administrative information about this module. Please study this section of the tutorial letter carefully. Right from the start we would like to point out that you must read all the tutorial letters you receive during the semester immediately and carefully, as they always contain important and, sometimes, urgent information.

We hope that you will enjoy this module and wish you all the best!

3

2. Purpose and outcomes of the module Unisa's tuition rationale is directed at facilitating mature, responsible learning with a view to the acquisition of sound knowledge and the ability to apply and develop knowledge and competencies in the workplace and other contexts. The purpose of this module is for students to gain introductory knowledge, research skills, and applied competence in occupational health and safety law and selected aspects of legislation relating to occupational health and safety, compensation for occupational injuries and diseases, health and safety on the mines, and unemployment insurance. A range of tasks in study guides or tutorial letters, assignments, and examinations will show that students have achieved the outcomes. Outcome 1: Recognise and interpret the role of occupational health and safety law in current South African law and everyday life. Assessment criteria: Unfamiliar concrete and abstract legal problems and issues relating to occupational health and safety labour law are identified in real or simulated fact scenarios by using evidence based solutions and theory-driven arguments. Outcome 2: Demonstrate an understanding of the theoretical framework of, and the most pressing and prevalent issues regarding occupational health and safety law. The student will use a variety of legislation, which the student will have to select from his or her prescribed material relating to occupational health and safety law. Assessment criteria: • • • • • • Unfamiliar concrete and abstract legal problems and issues relating to occupational health and safety law are identified in real or simulated fact scenarios by using evidence based solutions and theory-driven arguments. Well-structured, theory-driven arguments, opinions and evidence-based solutions relating to occupational health and safety law are presented, showing an awareness of audience and using professional discourse appropriately. The relevance and applicability of various legal sources and authorities are analysed and critically evaluated in terms of identified problems relating to occupational health and safety law. Language use is consistent with the conventions in the discipline of law. Terms, rules, concepts, principles and theories related to occupational health and safety law are critically understood. Students can map new knowledge onto existing theories related to occupational health and safety law.

4

OHS101S/101 Outcome 3: Apply the principles of occupational health and safety law in practical situations and solve multidimensional legal problems associated with occupational health and safety law. Assessment criteria: • • • • Practical problems from case law and everyday examples are solved using appropriate research methods and applying the principles and rules of occupational health and safety law. Evidence-based and theory-driven advice on an appropriate course of action is given in respect of occupational health and safety law. Relevant sources and authorities are found and used to solve problems regarding occupational health and safety law. The most appropriate and authoritative legal materials are selected to solve identified problems relating to occupational health and safety law.

Outcome 4: Understand the legal methods of enquiry and research in occupational health and safety law. The student will have to use a variety of legislation, which the student will have to select from his or her prescribed material relating to occupational health and safety law.

Assessment criteria: • • • • • • Basic literature research skills are demonstrated. Source material is found and used to suit the needs of the particular area of research. Authorities are used appropriately to substantiate arguments and support solutions for problems relating to occupational health and safety law. Students act responsibly and ethically as researchers and scholars, e.g. refer appropriately, acknowledge sources, and avoid plagiarism. Quantitative and/or qualitative data are critically analysed. Information is presented in professionally accepted formats, using IT skills appropriately.

5

3. Lecturer and contact details The lecturers responsible for this module are as follows: Mr T Kunene Cas van Vuuren Building 6-96 [phone] [e-mail]

All queries that are not of a purely administrative nature but are about the content of this module should be directed to us. Please have your study material with you when you contact us.

E-mail and telephone numbers are included above but you might also want to write to us. Letters should be sent to: The Module leader (OHS101S) Department of Mercantile Law PO Box 392 UNISA 0003 PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into assignments.

Communication with the University If you need to contact the University about matters not related to the content of this module, please consult the publication My studies @ Unisa that you received with your study material. This booklet contains information on how to contact the University (e.g. to whom you can write for different queries, important telephone and fax numbers, addresses and details of the times certain facilities are open).

6

OHS101S/101 4. Module related resources 4.1 Inventory letter

At the time of registration, you will receive an inventory letter that will tell you what you have received in your study package and also show items that are still outstanding. Also see the booklet entitled My studies @ Unisa. Check the study material that you have received against the inventory letter. You should have received all the items listed in the inventory, unless there is a statement like “out of stock” or “not available”. If any item is missing, follow the instructions on the back of the inventory letter without delay. 4.2 Study material

The Department of Despatch should supply you with the following study material for this module: • • No Study guide/s will be sent to you. Students need to obtain the acts as mentioned below in par 4.3 themselves. Tutorial Letter 301 at registration and other tutorial letters will be sent to you during the course of the year

Apart from Tutorial Letters 101 and 301, you will also receive other tutorial letters during the year. These tutorial letters will not necessarily be available at the time of registration. Tutorial letters will be despatched to you as soon as they are available or needed (for instance, for feedback on assignments). If you have access to the Internet, you can view the tutorial letters for the modules for which you are registered on the University’s online campus, myUnisa, at http://my.unisa.ac.za 4.3 Prescribed acts and regulations Students need to obtain the following acts themselves. The lecturers will not email or send you links to the websites where students may obtain these acts. These acts can be found on the Department of Labour’s website, or just Google the act’s name and number. These acts will be the study material for OHS101S.Students are advised to leave out the regulations when preparing for examination. Note also that the examination will be partial open book examination. The names of the acts are: 1. 2. 3. 4. 5. Unemployment Insurance Act, 63 of 2001; Unemployment Insurance Contributions Act, 4 of 2002; Compensation for Occupational Injuries and Diseases Act 130 of 1993; Mine Health and Safety Act , the students will not study the regulations for OHS101S; Occupational Health and Safety Act 85 of 1993 the students will not study the regulations for OHS101S.

7

4.4

Prescribed textbook(s)

Basson et al Essential Labour Law, 5th edtion 2009. 5. Student support services for the module For information on the various student support systems and services available at Unisa (e.g. student counselling, tutorial classes, language support), please consult the publication Mystudies @Unisa which you received with your study material. 5.1 Contact with fellow students

5.1.1 Study groups It is advisable to have contact with fellow students. One way to do this is to form study groups. The addresses of students in your area may be obtained from the following department: The Directorate: Student Administration and Registration) PO Box 392 UNISA 0003 5.1.2 myUnisa If you have access to a computer that is linked to the internet, you can quickly access resources and information at the University. The myUnisa learning management system is Unisa's online campus that will help you to communicate with your lecturers, with other students and with the administrative departments of Unisa – all through the computer and the internet. To go to the myUnisa website, start at the main Unisa website, http://www.unisa.ac.za, and then click on the “Login to myUnisa” link on the right-hand side of the screen. This should take you to the myUnisa website. You can also go there directly by typing in http://my.unisa.ac.za. Please consult the publication My studies @ Unisa which you received with your study material for more information on myUnisa. Always have your student number at hand when you contact the University. Please note that all administrative enquiries should be directed to the following departments provided below.

8

OHS101S/101 The details are as follows: Directorate/Busines s Unit Description of enquiry Short SMS code E-mail address

Student Admissions and Registrations

Applications and registrations

43578

[e-mail]

Student Assessment Administration

Assignment s and examination s

43584

For assignments: [e-mail] For examination: [e-mail]

Despatch

Study material Student accounts myUnisa myLife email

43579

[e-mail]

Finance

43583

[e-mail]

ICT (myUnisa & myLife)

43582

MyUnisaHelp@unisa.a c.za [e-mail].

9

6. Module specific study plan Please refer to your MyStudies@Unisa brochure for general time management and planning skills

7. Assessments 7.1 Assignments and learning

Assignments are seen as part of the learning material for this module. As you do the assignment, study the reading texts, consult other resources, discuss the work with fellow students or tutors or do research, you are actively engaged in learning. Looking at the assessment criteria given for each assignment will help you to understand what is required of you more clearly.

In some cases, additional assessment might be available on the myUnisa site for your module. For students attending tutorial sessions, tutors may also set additional tasks and give feedback in class. 7.2 General remarks

PLEASE NOTE: Assignments should be addressed to: The Registrar PO Box 392 UNISA 0003 You may submit written assignments and assignments done on mark-reading sheets either by post or electronically via myUnisa. Assignments may not be submitted by fax or e-mail. For detailed information and requirements as far as assignments are concerned, see the publication My studies @ Unisa that you received with your study material. To submit an assignment via myUnisa: ∗ Go to myUnisa. ∗ Log in with your student number and password ∗ Select the module. ∗ Click on assignments in the left-hand menu. ∗ Click on the assignment number you want to submit. ∗ Follow the instructions on the screen.

10

OHS101S/101 7.3 Commentaries and feedback on assignments

You will receive the correct answers automatically for multiple-choice questions. For written assignments, markers will comment constructively on your work. However, commentaries on compulsory assignments will be sent to all students registered for this module in a follow-up tutorial letter, and not only to those students who submitted the assignments. The tutorial letter number will be 201, 202, etc. As soon as you have received the commentaries, please check your answers. The assignments and the commentaries on these assignments constitute an important part of your learning and should help you to be better prepared for the next assignment and the examination. The commentary on the self-evaluation assignment is included in this tutorial letter. This will enable you to mark your assignment as soon as you have completed it. Feedback on myUnisa additional assessments will be automated and therefore immediate. Additional work set by tutors will be discussed in class.

7.4

Submission dates

NOTE: THE FIRST ASSIGNMNET IS COMPULSORY TO HAVE ADMISSION FOR THE EXAMINATION. NO EXCEPTIONS WILL BE ALLOWED. The closing dates for submission of the assignments are as follows: ASSIGNMENT NUMBER Compulsory Assignment 01 Assignment 02 DUE DATES 28 May 2012 30 July 2012 UNIQUE NUMBER 299611 270810

7.5

Assessment of assignments

Please note: Although students may work together when preparing assignments, each student must write and submit his or her own individual assignment. In other words, you must submit your own ideas in your own words, sometimes interspersing relevant short quotations that are properly referenced. It is unacceptable for students to submit identical assignments on the basis that they worked together. That is copying (a form of plagiarism) and none of these assignments will be marked. Furthermore, you may be penalised or subjected to disciplinary proceedings by the University.

11

7.6 Multiple-choice questions and mark-reading sheets (a) Assignments consisting of multiple-choice questions must be answered on a mark reading sheet that will be marked by computer. Check that Unisa has supplied you with a markreading sheet. Written answers on a sheet of paper will not be marked. (b) You will receive a computer printout giving your answers, the correct answers, and your marks and credits for that assignment soon after the closing date of the assignment. You will also receive a tutorial letter with a detailed commentary on each question. (c) When submitting these types of assignments you must send ONLY YOUR MARKREADING SHEET in an envelope. Do not include a cover sheet with your markreading sheet. (d) You will find instructions on the use of the mark-reading sheets for answering multiplechoice questions in chapter 5 of My studies @ Unisa. Read these instructions carefully and follow them strictly to avoid unnecessary mistakes. (e) Do not submit the assignment a second time. The computer will simply reject it as a duplicate assignment. (f) Each year a number of students submit faulty mark-reading sheets which cannot be processed by the computer. Sheets that are rejected by the computer are returned to students without being marked. PLEASE FOLLOW THE INSTRUCTIONS CAREFULLY. Assignments submitted late will not be accepted and will attract a penalty of minus a mark a day, unless if there is a valid explanation in writing, corroborated by evidence if it is related to the health, or any other matter which might hinder the student to submit on time. 8 8.1 EXAMINATIONs Examination admission

All students who submit the assignments in time (on or before the respective due dates) will be admitted to the examination, regardless of the marks obtained for the assignments. In other words, a student who submitted both assignments but obtained 0% will be allowed to write the examination. Such a student will, however, not have a year mark (a mark that consists of the total of the two assignments). Students who do not submit the compulsory assignment on or before the due date will not receive admission to write the examination.

12

OHS101S/101 8.2 How will this work in practice? The marks obtained for Compulsory Assignment 01 will contribute a total of 10% to your final mark. The marks obtained for Assignment 02 will contribute a total of 10% to your final mark. The final mark for this course is therefore made up as follows:

Final mark = Exam (80%) + Assignment 01 (10%) + Assignment 02 (10%).

Remember that you have to obtain a final mark of 50% to pass this paper. You also need to obtain at least 40% in the examination before your yearmark will be taken into account. This means that a student who has obtained at least 40% in the examination and who has a good year mark will have a great advantage over another student who has no yearmark or a bad yearmark. 8.3 Examination period

This module is a year module. This means that if you will write the examination in October/ November 2012 and the supplementary examination will be written in January/February 2013. During the course of the year, the Examination Section will provide you with information regarding the examination in general, examination venues, examination dates and examination times. 8.4 Examination paper

In October/November 2012 you will write a two-hour paper on Occupational Health and Safety Law I (OHS101S). To pass, you need to obtain at least 50% for the paper. NOTE: THIS WILL BE A CLOSED BOOK EXAMINATION. 8.5 Previous exam papers

Students may, access and download previous examination questions on MyUnisa website. The questions will be either theory questions or problem statements, were students will be required to apply principles and specified requirements for safety, health and environmental responsibilities at the workplace, including mines. Thirdly, students will be assessed on their understanding and critical and creative thinking when applying the Occupational Health and Safety Act 85 of 1993, and the Mine Health and Safety Act 29 of 1996, and their applicable regulations. 8.6 Tutorial letter with information on the examination

To help you in your preparation for the examination, you will receive a tutorial letter that will explain the format of the examination paper, give you examples of questions that you may expect and set out clearly what material you have to study for examination purposes.

13

9

FREQUENTLY ASKED QUESTIONS AND ASSIGNMENTS

Students are advised to refer to previous exam papers. Multiple-choice questions and mark-reading sheets

Assignments consisting of multiple-choice questions must be answered on a mark-reading sheet that will be marked by computer. Check that Unisa has supplied you with a mark-reading sheet. Written answers on a sheet of paper will not be marked.

You will receive a computer printout giving your answers, the correct answers, and your marks and credits for that assignment soon after the closing date of the assignment. You will also receive a tutorial letter with a detailed commentary on each question.

When submitting these types of assignments you must send ONLY YOUR MARK-READING SHEET in an envelope. Do not include a cover sheet with your mark-reading sheet.

You will find instructions on the use of the mark-reading sheets for answering multiple-choice questions in chapter 5 of My studies @ Unisa. Read these instructions carefully and follow them strictly to avoid unnecessary mistakes.

Do not submit the assignment a second time. The computer will simply reject it as a assignment.

duplicate

Each year a number of students submit faulty mark-reading sheets which cannot be processed by the computer. Sheets that are rejected by the computer are returned to students without being marked.

14

OHS101S/101 PLEASE FOLLOW THE INSTRUCTIONS CAREFULLY.

ASSIGNMENTS

COMPULSORY ASSIGNMENT 01

Please keep in mind that this assignment only consists of multiple-choice questions for this module. Make sure that you answer all five (5) questions asked below on the mark-reading sheet. State whether the following is true or false: QUESTION 1(1) Occupational health and safety does not include the social, mental and physical well being of workers 1. 2. True False

QUESTION 2(1) The occupational health and safety act was an attempt by the Government to regulate the organizational rights of trade unions 1 2 True False

QUESTION 3(1) In terms of the Mine Health and Safety Act No. 29 of 1996 the president has the powers to close a mine, if he believes that any occurrence, practice or condition at a mine may endanger the health and safety of any person at the mine. 1 2 True False

QUESTION 4(1) If an employee who is working at a Mine realizes that he is in danger as he may be caught in a rockfall, he may not leave his workplace without permission. 1 2 True False

15

QUESTION 5(1) It is 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 recognize the duty of employers to take reasonable care for the safety and health of their employees. 1 2 True False TOTAL [5]

COMPULSORY ASSIGNMENT 02

Sipho is employed at the AngloGold mine. He accidentally crushed and killed a fellow employee (Roger) whilst driving a mine car underground. Answer the questions below with reference to the above set of facts. State whether the following is true or false:

QUESTION 1(1) The chief inspector of mines cannot instruct an inspector to hold an inquiry into the accident? 1 2 True False

QUESTION 2(1) May the friend of the deceased employee participate in the inquiry? 1 2 True False

QUESTION 3(1) At the inquiry Sipho does not have any right to refuse to answer any questions which may be selfincriminating except in criminal proceedings on a charge of perjury. 1 2 True False 16

OHS101S/101

QUESTION 4(1) The occupational health and safety act applies to all people employed in South Africa 1 2 True False

QUESTION 5(1) In terms of the OHSA, an inspector is not allowed to enter the workplace premises. 1 2 True False TOTAL [5] We hope that you will enjoy this module and we wish you success with your studies.

Kind regards THE LECTURERS UNISA

17