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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the Occupational Health and Safety Act and the Mine Health and Safety Act in mediation 
SAQA US ID UNIT STANDARD TITLE
119926  Apply the Occupational Health and Safety Act and the Mine Health and Safety Act in mediation 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The learner credited with this unit standard will have a working knowledge of the Occupational Health and Safety Act (OHSA), and associated regulations, and the Mine Health and Safety Act (MHSA) and associated regulations, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The qualifying learner will be able to:
  • Define and apply the Occupational Health and Safety Act (OHSA) and Mine Health and Safety Act (MHSA).
  • Define the general duties of an employer, self-employed persons, manufacturers and employees as set out in the OHSA.
  • Define the duties of the CEO, the selection processes and duties of Health and Safety representatives and committees and general prohibitions in the OHSA.
  • Define prohibited deductions, the role of inspectors, disclosure of information and offences, penalties and special orders of court.
  • Define exemptions, serving of notices, and the jurisdiction of magistrates' courts.
  • Define the use of regulations as set out in the Acts. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 4 or equivalent. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Define and apply the Occupational Health and Safety Act (OHSA) and Mine Health and Safety Act (MHSA). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definitions important in mediation in the OHSA and the MHSA are explained in written form. 

    ASSESSMENT CRITERION 2 
    The purpose of the OHSA and MHSA for the protection of employees in the South African context is explained is explained in written form. 

    ASSESSMENT CRITERION 3 
    The application of OHSA and MHSA in mediation is presented. 

    SPECIFIC OUTCOME 2 
    Define the general duties of an employer, self-employed persons, manufacturers and employees as set out in the OHSA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The general duties of an employer towards employees and the general duties of employers and self-employed persons to persons other than themselves are explained in a presentation. 

    ASSESSMENT CRITERION 2 
    The general duties of manufacturers and others regarding articles and substances for use at work are explained in a presentation. 

    ASSESSMENT CRITERION 3 
    The general duties of employers regarding listed work and the duty to inform, is explained in a presentation. 

    ASSESSMENT CRITERION 4 
    The general duties of employees at work, in terms of these Acts, are explained in a presentation. 

    SPECIFIC OUTCOME 3 
    Define the duties of the CEO, the selection processes and duties of Health and Safety representatives and committees and general prohibitions in the OHSA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The duties of the Chief Executive Officer as set out in the OHSA are outlined is explained in written form. 

    ASSESSMENT CRITERION 2 
    The functions and designation requirements by the employer of a Health and Safety representative are outlined is explained in written form. 

    ASSESSMENT CRITERION 3 
    The functions and establishment of a Health and Safety Committee are presented. 

    ASSESSMENT CRITERION 4 
    The general prohibitions as set out in the Acts are outlined is explained in written form. 

    SPECIFIC OUTCOME 4 
    Define prohibited deductions, the role of inspectors, disclosure of information and offences, penalties and special orders of court. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The prohibited deductions are outlined and explained is explained in written form. 

    ASSESSMENT CRITERION 2 
    The designation of inspectors and their duties are explained in written form. 

    ASSESSMENT CRITERION 3 
    The designation and duties of chief inspectors are explained in a presentation. 

    ASSESSMENT CRITERION 4 
    The requirements and prohibition of the disclosure of information, offences and special orders of court are explained in a presentation. 

    SPECIFIC OUTCOME 5 
    Define exemptions, serving of notices, and the jurisdiction of magistrates' courts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The exemptions as set out in the OHSA are explained in a presentation. 

    ASSESSMENT CRITERION 2 
    The serving of notices as set out in the OHSA is explained. 

    ASSESSMENT CRITERION 3 
    The jurisdiction of magistrates' courts is explained in written form. 

    SPECIFIC OUTCOME 6 
    Define the use of regulations as set out in the Acts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A brief overview of the regulations of the OHSA and examples of applications by employees and employers is outlined. 

    ASSESSMENT CRITERION 2 
    A brief overview of the regulations of the MHSA and examples of applications by employees and employers is outlined. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The Labour Relations Act. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solution in creative ways in order to ensure the Acts are properly adhered to. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information in one or more workplaces in order to comply with the relevant legislation. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contribute to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make an individual aware of the importance of being culturally and aesthetically sensitive across a range of social contexts when managing cases. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. NOLWAZI TRAINING AND DEVELOPMENT ACADEMY PTY LTD 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.