Exam (elaborations)
OHS301-S Exam notes and preparations
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- University Of South Africa (Unisa)
Proving answers to the assignment questions for the first and second semester during the course of the study at unisa.
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January/February 2016OHS301-S Exam notes and preparations
QUESTION1
Gauteng Tankers (Pty) Ltd is a company that transports multi-load hazardous substances by
road tankers from Gauteng to Mpumalanga. All their tankers are fitted with two hazard
warning panels, one in front and the other one at the back of the truck. Each of these hazard
warning panels has the appropriate multi-load emergency action code. With the provisions of
the Hazardous Substances Act in mind, advise the company on the requirements of hazard
warning panels in general and for a multi-load emergency action code on that panel
Inyour discussion, further illustrate the meaning and Importance of the numbers and letters
on the emergency action code (Please take note that the transportation of dangerous
goods is now regulated by the National Road Transport Act of 1996. These new
regulations are incorporated in the standards set by the Hazardous Substances Act.)
[30]
In terms of the regulations it is illegal to transport grouped hazardous substances on a road by
means of a road tanker unless the tanker is labelled as prescribed by the regulations. A road tanker is
deemed to be used for the transport of hazardous substances from the time that the hazardous
substance is loaded onto the vehicle until the time that the vehicle is thoroughly cleaned of the
substance. A dangerous goods declaration and transport emergency card shall be retained until the
vehicle has been certified clean. All the placards shall be removed from the sides and rear of the
vehicle and the documents shall be removed from the designated area immediately after all the
goods have been off-loaded, provided no spillage has occurred.
Hazard warning panels and labels
Three hazard warning panels must be attached to the tanker carrying either a single load or a
multi-load, one at the rear of the road tanker and one on either side of the tanker.
In addition, tankers carrying multi-loads shall display compartment labels in accordance with the
regulations. The hazard warning panel or labels shall be —
• weather resistant and be permanently marked;
• rigid
• securely attached to the road tanker in a considerably vertical plane, and if the means of
attachment is by a frame, that frame shall carry no other hazard warning panels or labels;
and
• kept clean and free from obstruction, except that a rear panel or label may be mounted
behind a ladder of light construction which does not prevent the information on the panel or
label from being easily read.
A hazard warning panel for a multi-load shall reflect:
(a) The appropriate multi-load emergency action code
(b) The word“multi-load”
(c) The appropriate hazard warning sign
(d) The telephone number or other text indicating where specialist advice can be obtained at all
times
MULTI-LOAD EMERGENCY ACTION CODE
,When transporting multi-load in a road tanker, in separate tanks the transporter shall ensure that
each tank or compartment which contains a hazardous substance is provided with and displays the
appropriate hazard warning panel or labels to determine the correct procedure to follow in an
emergency.
The transporter shall ensure that the hazard warning panel or label is displayed on the road tanker,
at all times when a hazardous substance is being transported; and removed only when the road
tanker is not used for transporting any hazardous substance.
Emergency Plan
Before a placard load of dangerous goods is transported, an emergency response plan for the
transport of those goods must be prepared. The provision of the plan is the responsibility of the
consignor and prime contractor. It must be in writing and include procedures for dealing with any
dangerous situations arising from the transport of the goods.
The multi-load emergency action code consists of:
(a) a number from 1 to 4 followed by
(b) a letter followed in certain cases by
(c) the letter “E”.
(a) The number
The number refers to the numbers reflected on the emergency action code with the, corresponding
meanings. When transporting more than one hazardous substance, each substance will have its own
emergency code number.
For example
The emergency action number 3 is the highest number with regard to each individual hazardous
substance. The number tells the fire brigade what medium to use to extinguish a fire - in this case 3
indicates that emergency responders should apply foam to extinguish a fire
The Emergency Action Code is a three character code displayed on all dangerous goods classed carriers,
and provides a quick assessment to first responders and emergency responders of what actions to take
should the transporter carrying such goods become involved in an incident. Emergency Action Codes are
characterised by a single number (1 to 4) and either one or two letters (depending on the hazard).
,(b) The letter
It must be noted that any of the letters “S”, “T”, “Y” and “Z” when shown in the emergency action
code of the Regulations as a black letter on a white background shall be treated as a different letter
when shown as a white letter on a black background.
Y indicates appropriate spill response, which in this case is in the 'contain' section of the table. This
substance must be prevented, by whatever means possible, from entering drains or watercourses.
When the spill response code relates to the 'Dilute' section of the table, this means that the substance
can be flushed away with water, but not this one.
The letter Y also advises emergency services that breathing apparatus with protective clothing
should be worn when fighting a fire involving this substance. If there is no fire, breathing apparatus
is not required.
The code letter E advises emergency responders on the spot to consider evacuating occupants or
local residents if the incident has occurred in a built-up area.
The code letter X would advise emergency services to use chemical protective clothing with
breathing apparatus.
When V is shown next to the code letter, it means that a substance can be violently -even explosively
-reactive.
For bulk transport, this information must be shown in the Emergency Information Panel, along with
other key emergency response information
QUESTION 2 Same as Oct /Nov 2015 Q 3
Wandile works as an electrician at Power for All (Pty) Ltd. While busy fixing electric cables at a
, client's house, he receives a call on his cell phone from his friend Nathi. Nathi's car is stuck
somewhere along the N12 and needs assistance. Wandile decides to rush to Nathi’s rescue,
however, instead of descending from the ladder, he jumps down and injures his ankle Wandile
wants to claim compensation and seeks your advice
(1) Discuss whether Wandile can claim compensation in terms of the Compensation for
occupational injuries and Diseases Act. (10)
The aim of the COIDA is to provide for Compensation in the case of disablement caused by
occupational injuries or diseases, sustained or contracted by employees in the course of their
employment, or death resulting from such injuries or disease; and to provide for matters connected
therewith. The COIDA basically prevents employees covered by the Act from suing their employers
for damages in terms of common law.
The Compensation for Occupational Injuries and Diseases Act applies to: all employers; and casual
and full-time workers who, as a result of a workplace accident or work-related disease: are injured,
disabled, or killed; or become ill.
This excludes -
workers who are totally or partially disabled for less than 3 days; domestic workers; anyone
receiving military training; members of – the South African National Defence Force, or the South
African Police Service; any worker guilty of wilful misconduct, unless they are seriously
disabled or killed; anyone employed outside the RSA for 12 or more continuous months; and
workers working mainly outside the RSA and only temporarily employed in the RSA.
Section 14 of the act says that an employee needs to take care of own health and safety; fellow
workers’ and that of other persons who may be affected by his actions or omissions and Take care of:
own health and safety. Comply with the rules and procedures of the employer. Obey lawful health
and safety instruction from the employer. Wandile failed to adhere by the act as he was negligent and
did not comply.
Wandile caused his own accident by his carelessness, COID won't give him compensation. This is
because the accident wasn't simply because of his employment, but his own actions. But this doesn't
mean that the employer should not report the accident to COID as it is a crime not to report an
accident to COID. The employer still has to report the accident to COID by sending in a W.CL.2 form.
Include details of the accident to show it was Wandile’s fault. After that, it's up to the Compensation
Commissioner to decide if Wandile gets compensation.
If the accident leads to Wandile’s being permanently disable. The employer needs to send in a W.CL.4
(medical report) form. This must show Wandile’s degree of disability. If this is the case, he will still
get compensation but the Commissioner can reduce the amount he'll get.
SERIOUS AND WILFUL MISCONDUCT If the accident is caused by serious and wilful misconduct by
an employee, no compensation will be paid unless the accident results in the serious disablement of
the employee or the death of the employee if he or she has dependants. 'Serious and wilful
misconduct' is defined in the COIDA as being drunk or under the influence of a narcotic drug, wilful
or reckless contravention of any health and safety law, and any other act or omission which the
commissioner considers to be serious and wilful misconduct.
(ii) Suppose the accident took place with the course of his employment and the main cause
was that the ladder was very old and unstable. Discuss whether Wandile can claim
increased compensation due to the negligence of the employer (10)
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