OHS2602
Assignment 1
Semester 1
Due March 2026
, 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).
Two key limits determine whether a disease is covered by the Occupational Diseases in
Mines and Works Act 78 of 1973 (ODIMWA):
1. The type of employment and workplace
ODIMWA applies only to employees who perform “risk work” at a mine or works as
defined in the Act. This means the employee must have worked in the mining industry
or at a controlled works where exposure to harmful dust occurs.
For example, a mineworker who worked underground in a gold mine and was exposed
to silica dust may fall within the scope of ODIMWA. In contrast, a factory worker in a
textile company who develops a lung condition would not be covered under ODIMWA
because the workplace does not qualify as a mine or works in terms of the Act.
This shows that ODIMWA is industry specific and does not apply to all employees.
2. The disease must be a scheduled compensable disease
ODIMWA only covers specific occupational diseases listed in the Act. These are mainly
lung diseases caused by exposure to mineral dust, such as silicosis, asbestosis and
certain forms of tuberculosis associated with mining work.
If a mineworker develops silicosis due to prolonged exposure to silica dust, the disease
may be compensable under ODIMWA. However, if the same worker develops a back
injury or stress-related illness, that condition will not be covered under ODIMWA
because it is not a listed compensable disease.
Therefore, both the nature of the employment and the type of disease must fall within
the limits set by the Act before compensation can be considered.
Assignment 1
Semester 1
Due March 2026
, 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).
Two key limits determine whether a disease is covered by the Occupational Diseases in
Mines and Works Act 78 of 1973 (ODIMWA):
1. The type of employment and workplace
ODIMWA applies only to employees who perform “risk work” at a mine or works as
defined in the Act. This means the employee must have worked in the mining industry
or at a controlled works where exposure to harmful dust occurs.
For example, a mineworker who worked underground in a gold mine and was exposed
to silica dust may fall within the scope of ODIMWA. In contrast, a factory worker in a
textile company who develops a lung condition would not be covered under ODIMWA
because the workplace does not qualify as a mine or works in terms of the Act.
This shows that ODIMWA is industry specific and does not apply to all employees.
2. The disease must be a scheduled compensable disease
ODIMWA only covers specific occupational diseases listed in the Act. These are mainly
lung diseases caused by exposure to mineral dust, such as silicosis, asbestosis and
certain forms of tuberculosis associated with mining work.
If a mineworker develops silicosis due to prolonged exposure to silica dust, the disease
may be compensable under ODIMWA. However, if the same worker develops a back
injury or stress-related illness, that condition will not be covered under ODIMWA
because it is not a listed compensable disease.
Therefore, both the nature of the employment and the type of disease must fall within
the limits set by the Act before compensation can be considered.
