QUESTION 1Diphala Poultry (Pty) Ltd (DP) runs a poultry business which supplies eggs and chicken meat to hospitals and established grilling houses in Bokone-Bophirima. DP was founded in 2000 and is also an employer to Mekoa, Zuzu and other employees who clean chicken run, feed, collect eggs, slaughter, and pack for distribution. On the 1st of January 2022, Mekoa and Zuzu, who had 10 years' experience working for DP fell ill, admitted to hospital, and diagnosed with a zoonotic disease called Avian influenza viruses. It is a communicable disease which is transferred through inhalation or being in contact with chickens or a contaminated environment. The doctor's report reveals that this illness or any major incident would have been avoided if the employer and employees had 'properly used' the 'reasonably practicable' measures such as face masks, washing of hands and sanitisers. DP argues that this illness was not foreseeable, and that the health and safety duty bestowed on the employer is not absolute.ANSWER THE FOLLOWING QUESTION WITH THE RELEVANT AUTHORITY.(i) Discuss what the concept 'reasonably practicable' in the context used above means in terms of the Occupational Health and Safety Act (OHSA)? (10)(ii) Explain the implications of the argument by the DP insofar as its liability towards Mekoa and Zuzu is concerned and what in terms of the 'reasonable person test' needs to be done to determine whether DP is liable? (10) (iii) What does the term 'properly used' mean in terms of the OHSA? (5) [25]QUESTION 2Indeed, 'the health and safety of workers are non-negotiable'. (i) In line with the above quotation, the International Labour Organisation (ILO) hasdeveloped standards in the form of Conventions and Recommendations which promote occupational health and safety. Whereas Conventions are binding upon ratification, recommendations generally serve as guidelines. List the five (5) ILO Recommendations promoting occupational health and safety. (10) (ii) Discuss the technical support which the ILO provides to enforce its standards? (10) (iii) What are the ILO constituencies or its tripartite partners?

OUODGIWOVBMDBI 2022 QUESTION I Diphala Poultry (Pty) Ltd (DP) runs a poultry business which supplies eggs and chicken meal to hospitals and established grilling houses in Bokone-Bophirimur DP was founded in 2000 and is also an employer to Mekoa. Zuzu and other employees who clean chicken run. feed. collect eggs. slaughter, and pack for distribution. On the lst of January 2022. Mekoa and Zuzu. who had it] years' experience working for DP fell ill, admitted to hospital, and diagnosed with a zoonotie disease called Avian inuenza viruses It is a communicable disease which is transferred through inhalation or being in contact with chickens or a contaminated environment. The doctor's report reveals that this illness or any major incident would have been avoided if the employer and employees had 'properly used' the 'reasonably practicable' measures such as face masks. washing of hands and sanitisers. DP argues that this illness was not foreseeable. and that the health and safety duty bestowed on the employer is not absolute; ANSWER THE FOLLOWING QUESTION WITH THE RELEVANT AUTHORITY. (i) Discuss what the concept 'reasonably practicable' in the context used above means in terms ol'the Occupational Health and Safety Act (OHSA)? [ l0) (iii Explain the implications of the argument by the DP insofar as its liability towards Mekoa and Zuzu is concerned and what in terms ofthe 'reasonable person test' needs to be done to determine whether DP is liable? [ l0) (iii) What does the term 'properly used' mean in terms of the OHSA'? (5) [25] QUESTION 2 Indeed. 'the health and safety of workers are non-negotiable'. (i) In line with the above quotation. the International Labour Organisation (1L0) has developed standards in the form of Conventions and Recommendations which promote occupational health and safety. Whereas Conventions are binding upon ratication. recommendations generally serve as guidelines. List the ve (5) [LG Recommendations promoting occupational health and safety, (10) (ii) Discuss the technical support which the [LO provides to enforce its standards? (it!) (iii) What are the ILO constituencies or its tripanite partners? (5) 9 OHSZBCH Octoben'November 2022 [25] QUESTION 3 Log Engineering (Pty) Ltd (TLE) plies its trade in KwaZulu Natal and has In employees. In the second quarter of 2021. TLE experienced a sudden loss of tools. It ran internal investigations to establish the facts behind the loss suffered. All employees claim innocence and. at most. do not cooperate as they argue that they need to be assisted by the lawyers during the investigations, ANSWER THE FOLLOWING QUESTION WITH RELEVANT AUTHORITY. (i) Discuss whether the employees are entitled to legal representation during the investigation. (10) (ii) Discuss the purpose and effect of the certicate issued in terms of section 63 of the Mine Health and Safety Act (MHSA). ([0) (iii) Aer the investigation is concluded. a report must be compiled and submitted to a number of persons or bodies. Who are these persons or bodies? (5) run p1