MNO3706 QUESTIONS & ANSWERS
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Oct/Nov 2022
3. An effective approach that can be used for safety management training, is
the four-step teaching method.
Preparation: This phase includes the entire tasks that are important to ensure
participants are prepared to learn, the trainer ready to teach, and the facilities ready
to embrace the mechanism. Making sure that the participants are prepared, is simply
practiced in safety training, as there are immediate advantages towards operating
safely that can be practiced based on that are personal to the trainees. The personal
readiness of the trainer includes preparing for lessons ad generating the instructional
assistances necessary to support them. Preparing the facility includes organizing the
area for both session and comfort, monitoring the whole instructional technologies,
equipment, tools and assistances to ensure they are existing, accessible and
functional.
Presentation: The second phase comprises presenting the knowledge that the
participants should learn. It can include expressing demonstrations, presenting a
facilitation, leading a question-and-answer session, assisting the participants to
engage with a digital program, or supporting participants who are operating their way
by self-paced training sources.
Application: During this stage, it entails feeding the participants with opportunities to
practice what they are learning. For instance, when a person has just demonstrated
appropriate lifting methods, then ask the participants to lift more objects, meanwhile,
checking and rectify them where it is needed. Further on the application phase until
the entire participants can demonstrate appropriate methods. Although a trainer is
teaching theory, including a new standard, ask the participants to practice their
comprehension through articulating orally or in writing what the standard means in
practical nature.
Evaluation: Final step encompasses identifying the level in which planned learning
took place. In safety management training context, assessment should not supposed
to be difficult mechanism. It can be easy through having participants practice that
they can appropriately operate what the trainer has demonstrated, or through
allowing to effectively articulate what the trainer has presented. In safety
management training context, a participant required to be able to practice 100
percent accuracy prior to completing the training.
, MNO3706 QUESTIONS & ANSWERS
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NB: Paraphrasing refers to the restatement of a text in different words.
4. Vusi has been employed for 15 years in a construction company, one day Neo
injured Vusi due to negligence. Vusi wishes to sue Neo. Describe the implications in
terms of the COID Act.
The main purpose of the COIDA is to provide a system of “no-fault” liability
compensation for employees who have sustained occupational injuries or illnesses.
Th is liability is deliberately called “no-fault” liability because the injured person does
not need to prove the employer’s negligence in order to have a successful claim for
his or her compensation. In other words, the employer’s liability arises whether or not
the employer was at fault. Th e compensation so claimed is paid from what is called
the Compensation Fund, to which all employers make monthly contributions to cover
themselves against these eventualities. The effect of the payment from the fund is
that the employer is protected against delictual liability in terms of common law. This
basically means that the employee cannot lodge a civil claim against the employer.
In accordance with the Compensation for Occupational Injuries and Diseases Act, a
claim replacement for an employee’s right to claim damages from the employer
based on the common law rules. When an employee is granted for compensation
contemplated or prescribed in COIDA, section 35(1) precludes him/her from
establishing a common law claim against the employer based on recklessness of
employer or another employee. However, it is not required to provide evidence of
delict to receive compensation. Since an employee suffered a workplace disease
due to the employer’s carelessness, he/she is allowed to apply for increased
compensation. This Act grant an employee for compensation of the workplace
disease in the course and scope of duty.
In accordance with Compensation for Occupational Injuries and Diseases Act, state
that an employee or a dependant must not necessarily have to provide evidence of
fault such as an injury, fatality, or illness due to the carelessness or acted deliberately
in the course of employment to be granted a compensation prescribed in the COIDA.
The nature of entitlement for compensation is clearly imply that the employee was
harmed or died due to an accident come up from the course and scope of
employment. The employee is granted for compensation of workplace disease as
explained in the COIDA. This led to a mechanism of faultless liability. An entitlement
contemplated in the COIDA is a replacement for an employee’s or dependant’s right
to claim losses from the employer according to the common-law principles. When an
employee or dependant is granted for compensation contemplated in the COIDA,
section 35(1) precludes the employee or dependant from constituting a common-law
entitlement against the employer on the reasons of the employer’s or employee’s
carelessness.
THE RIGHT OF RECOVERY FROM A THIRD PARTY
, MNO3706 QUESTIONS & ANSWERS
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NB: Paraphrasing refers to the restatement of a text in different words.
Accidents can occur in situations that pose legal responsibilities on a third party,
rather than the worker’s employer, to pay compensation to the worker. During these
situations, the worker can lodge a claim against the compensation Commissioner
and third party. Since well the Commissioner can pay compensation, the likelihood of
the commissioner recovering the loss from the third party need to be recommended.
According to Section 36(1) when an occupational injury or disease in spite of which
compensation is payable, was due within situations leading to a specific person other
than the employer of the worker concerned incurring the losses regarding that injury
or disease.
In terms of Section 36(1)(a) the worker can claim compensation based on this Act
and can even issue action for losses in a court of law against the third party.
Section(1)(b) the Commissioner or the employer through whom compensation is
payable can issue or lodge action in a court of law against the third party for the
remedy of compensation that he/she is required to pay based on this Act.
In accordance with section 36(2), through awarding losses in an action subject to the
subsection 36(1)(a) the court must consider the amount whereby the worker is
entitled based on this Act.
Section 36(3), subject to the subsection 36(1)(b) the amount recoverable must not
surpass the amount of losses, if any that in the view of the court would have been
awarded to the worker, however, based on this Act.
In terms of section 36(4), the objective of this section remedy involves the expense
of medical support that is already in liability and any amount or payable based on
section 28, 54(2) or 72(2) and in the context of pension, the possessed value as
identified by the Commissioner of the pension, regardless of either a lump sum is at
any period recovered in place of the entire or a part of that pension based on section
52 or 60, and periodically benefits or allowances, as the case could be.
5. Do’s and Don’ts for supervisors
Goetsch (2015) states that supervisors can play a key role within the prevention of
working environment violence. The following are some rules for supervisors:
Do not attempt to examine the personal, emotional or psychological issues of
workers.
Do not engage about a worker’s drinking unless it happens on the work. The
supervisor should limit comments to performance.
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