Essay Under Which Circumstances can Sam Leave a Working Place – Law Assignment Help

Assignment Task:

Task:

Assignment Sam is working as an employee for the Sasol Polymers ethylene plant in Vanderbijlpark. The ethylene plant, part of Sasol Polymers’ chemical production facility, currently is undergoing planned maintenance. While Sam was working in the ethylene plant, an incident occurred which was caused by a gas leak that ignited. Sam suffered chemical burns on his face and body which resulted in permanent disablement. Sam institutes a claim against Sasol (as the employer), alleging that the employer was negligent in allowing the employees to enter while maintenance continued. Sam reported the smell of gas to his friend (who is not an employee of Sasol) a week prior to the incident. Sam did not comply with the requirements of the policy nor the Occupational Health and Safety Act. Sam’s spouse, Maria, is traumatised by Sam’s injuries and is also extremely concerned about the household finances as Sam was the sole breadwinner.

1.1 Whenever an employee does or omits to do any act, which is an offence in terms of the OHSA, the employer is also guilty of the offence. Advice Sasol on what they can do to prove their innocence.

1.2 Under which circumstances can Sam leave a working place? Refer to case law.

1.3 Make recommendation to Sasol about the PPE that must be supplied to Sam to protect them when working inside the ethylene plant.

1.4 Which steps should be covered by the Code of Practice in order to prepare the occupational hygiene programme for Sasol?

1.5 During a walkthrough survey Sam (a health and safety representative) observe that most of the workers are not wearing personal protective equipment (PPE).

The employer tells Sam that he complied with the requirements of the OHSA by making PPE available, but the workers refuse to wear it. Formulate your reaction and advice to the employer. Your answer should reflect legislation and case law.