Q&A 3 Flashcards
Explain effective leadership in terms of corporate governance?
• Legitimacy • Ethical Culture • Effective control • Good performance (LEEG) = (outcome and leadership)
Explain corporate governance?
- Corporate governance is the system by which companies are directed and controlled
Corporate governance is a: - set of processes, - customs, - policies, - laws, and - institutions affecting the way a corporation is: - directed, - administered or - controlled.
Name four items that would feature in a Department of Labour inspection?
• Proof of registration with the Compensation Commissioner and Unemployment Insurance Fund (UIF), as well as proof of the last payments made.
• A summary of legislation displayed in the workplace for the:
- OHS Act and the Regulations
- BCEA
- EEA
• The appointment of health and safety representatives for the workplace. This appointed person should have a letter of appointment, and the labour inspector will request the minutes of previous meetings that were held.
• The employer and employees trained to recognise health and safety hazards and risks including:
- Are moving parts like drive belts and chains guarded?
- Are chemicals used safely and stored in a safe place?
- Are emergency exits clearly marked and easily accessible?
- Are fire extinguishers accessible and serviced regularly?
- Are flammable materials stored and used correctly, for instance not near hot surfaces or areas?
- Are all electrical wires insulated and proper plugs used in the workplace?
• The provision of fully equipped first-aid boxes on the premises.
• Whether or not the employer reports occupational injuries and diseases to the Department of Labour in the manner and time required.
• Whether there are clean and hygienic toilets and washing facilities provided for both sexes.
What are the powers of the EMI?
- Routine inspection:
- Investigation:
- Enforcement:
- Administrative powers
A range of powers can be conferred on environmental management inspectors, including powers of:
• Routine inspection:
o Entering premises to ascertain compliance
o Seizing evidence of non-compliance
• Investigation:
o Questioning witnesses
o Copying documents
o Inspecting and removing articles or substances
o Taking photographs and audio-visual recordings
o Taking samples
o Removing waste
• Enforcement:
o Searching and seizing premises, containers, vessels, vehicles and aircraft
o Searching pack animals
o Establishing roadblocks
o Arresting
• Administrative powers:
o Issuing compliance notices
Explain legislation?
Is law that is passed by a legislature or other governing body, such as a body of representatives that have been democratically or otherwise elected or appointed. It can be considered the body of written law.
Explain section 24 and Chapter 2 of the constitution?
The Bill of Rights – provides every South African citizen with fundamental rights: 1. rights to equality, 2. human dignity, 3. freedom, 4, privacy and 5. freedom of expression, among others.
Explain Hybrid legal system and Habeas Corpus?
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Where there is a lack of intent the burden of proof requires…….or……..to be proven?
Either Negligence or Recklessness be proven
Name the categories of people entitled to compensation in terms of COID ACT?
- Employees; or
* Direct dependents of employees.
Explain Prohibition, Contravention and improvement notices?
- Prohibition notice:
1. In the case of threatening danger, prohibit a particular action, process, machine or equipment.
2. closing an entire facility or site.
3. No disregard this notice.
4. Take immediate effect. - Contravention notice:
1. Contravene certain Regulations or a section of the Act,
2. the employer may be given the opportunity to correct the contravention within a time, usually 60 days. - Improvement notice:
1. H&S measures do not satisfactorily protect the H&S of Workers.
2. Employer to bring in effective measures in a specified amount of time - Prohibition notice: In the case of threatening danger, an inspector may prohibit a particular action, process, or the use of a machine or equipment, by means of a prohibition notice. A prohibition notice in the extreme may include closing an entire facility or site. No person may disregard the contents of such a notice and compliance must take place with immediate effect.
- Contravention notice: If a provision of a Regulation or a section of the Act is contravened, the inspector may serve this particular notice on the employer. A contravention of the Act itself can result in immediate prosecution, but in the case of a contravention of a Regulation, the employer may be given the opportunity to correct the contravention within a time limit specified in the notice, which is usually 60 days.
- Improvement notice: Where the health and safety measures that the employer has instituted do not satisfactorily protect the health and safety of the workers, the inspector may require the employer to bring about more effective measures, usually within a specified amount of time and at the discretion of the inspector. This ‘lesser’ notice, which prescribes the corrective measures needed, is then served on the employer.
Is the OHS ACT applicable to Vessels and Marine?
No
Explain the difference between criminal and civil liability?
CRIMINAL LIABILITY:
LIABILITY TYPE: Public
LEGAL ENTITY: The state is always the prosecuting authority
LEGAL PROCESS: Prosecution
BURDEN OF PROOF: Beyond a reasonable doubt
POSSIBLE OUTCOME: Guilty
PENALTY INCURRED: Jail time or fine, or both
CIVIL LIABILITY:
LIABILITY TYPE: Privat
LEGAL ENTITY: An action between two or more parties whether the parties are natural or juristic persons or a combination of both
LEGAL PROCESS: Action (usually in the form of a lawsuit)
BURDEN OF PROOF: On the balance of probability
POSSIBLE OUTCOME: Liable
PENALTY INCURRED: Damages (these are usually in monetary terms), although damages can also be in the form of restitution or a form of redress
Provide and example of a crime that will fall under criminal liability?
Homicide, which involves the illigal killing of a person
As per Nema provide the following sections of the Act;
- Controlling of Incidents
- Protection of person refusing to do anything to
pollute the environment
- Explain what Section 30 and 32 address
- Controlling of Incidents: Section 30
- Protection of person refusing to do anything to
pollute the environment: Section 29 - Explain:
- Section 30: Control of Incident, and
- Section 32 address: Legal standing to enforce Environmental Laws
Explain the positive outcomes arise from the passing of Nema law and List citing of legislation from regulation onwards.
To provide for co-operative, environmental governance by establishing principles for decision-making on matters affecting the environment
Explain several and joint liability, vicarious liability and strict liability?
- several and joint liability:
- More than one party can be held liable for a given offence - vicarious liability:
- law holds a person/employer, liable for the wrongful act or omission of another, regardless of whether it was that person’s fault - strict liability:
- No need to prove intent for a person’s acts or omissions in order to make them liable. -
Committing the act or omission is de facto culpability: you committed the act or omission and you are instantly liable.
- applies in both criminal and civil law. - several and joint liability: More than one party can be held liable for a given offence
- vicarious liability: it is a legal term that is used in describing a situation where the law holds a person, or an employer, liable for the wrongful act or omission of another, regardless of whether it was that person’s fault
- strict liability: There is no need to prove intent for a person’s acts or omissions in order to make them liable. Committing the act or omission is de facto culpability: you committed the act or omission and you are instantly liable. Strict liability applies in both criminal and civil law.
Provide two examples of international law and explain how they have an influenced our South African HSE law?
This law forms an important supplementary role in the formulation of South African HSE law. Sources of international HSE law are multi-dimensional and include:
• IOL = The International Labour Organization
• WHO = World Health Organization
• UNEP = UN Environment Programme
• ICJ = International Court of Justice
• UNESCO = UN Educational, Scientific and Cultural Organization
• Conventions*
• Protocols*
• MEAs = Multilateral environmental agreements
• Judicial decisions in other jurisdictions
• Jurisprudence by legal scholars
• Customary law
What is the aim of the corporate governance outcomes.
- Legitimacy
- Ethical Culture
- Effective control
- Good performance
(Out = LEEG)
Explain Common Law and provide four examples of common law?
Common law is that part of South African law that is not contained in legislation but is an equally important aspect of the country’s legal system.
It is referred to as ‘the unwritten law of the land’.
Common law in South Africa comprises: • Roman-Dutch law • English legal principles • Tribal/traditional law • Law of contract between parties • Precedent
What does the following address:
- OHSA 29(2)
- OSHA 24(1)(a)
- OHSA 29(2): An Interpreter
2. OSHA 24(1)(a): Ill Health Injuries
Explain the possible symptoms of whole body syndrome?
- attacks of whitening (blanching) of one or more fingers when exposed to cold
- tingling and loss of sensation in the fingers
- loss of light touch
- pain and cold sensations between periodic white finger attacks
- loss of grip strength
- bone cysts in fingers and wrists
List and explain four routes of exposure?
- Inhalation: Breathe in
- Ingestion: Eat it
- Skin absorption: Touch it
- Injection: Right in:
Provide the correct Hazard description as per the GHS?
GHS01: Explosive GHS02: Flammable GHS03: Oxidizing GHS04: Compressed Gas GHS05: Corrosive GHS06: Toxic GHS07: Harmful GHS08: Health Hazard GHS09: Environmental Hazard (EFOCCTHHE)
Explain the purpose of OREP?
The purpose of an occupational risk exposure profile [OREP) is to determine the nature and extent the medical surveillance that needs to be performed.
OREP is the formal documentation of the resulty of a hazard identification and risk assessment that has been formulated for a single occupationg
exposure group (i.e. a job category) or even specific employees.
- An OHMP and OHNP need the following to be completed to develop an OREP:
1. Health risk assessments relevant to the employee or group of employees.
2. Person-job specification (still often referred to in industry as the ‘man-job’ specification).