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):
(a) Nature of the employment (mine or works)
ODIMWA applies only to employees who perform “risk work” at a mine or works as
defined in the Act. The Act does not apply to all industries. It is specifically limited to the
mining industry and certain related works where workers are exposed to hazardous
dust.
For example, a mineworker who works underground in a gold mine and is exposed to
silica dust falls within the scope of ODIMWA. However, a factory worker in a clothing
factory who develops a respiratory illness will not be covered under ODIMWA because
the employment does not fall within a “mine” or “works” as defined.
Therefore, the first limit is that the worker must have been employed in risk work at a
mine or works.
(b) Type of disease (scheduled compensable disease)
ODIMWA covers only specific occupational diseases listed in the Act, mainly lung
diseases caused by dust exposure, such as silicosis, asbestosis and pulmonary
tuberculosis linked to mining conditions.
If a mineworker develops silicosis due to prolonged inhalation of silica dust, the disease
is compensable under ODIMWA. However, if the same worker suffers a back injury or
develops a stress-related illness, such conditions are not covered because they are not
listed as compensable diseases under the Act.