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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Chapter 2 : Health and Safety at Mines

20. Employee may dispute finding of unfitness to perform work

 

(1) An employee may appeal to the Medical Inspector against—
(a) a decision that the employee is unfit to perform any particular category of work; or
(b) any finding of an occupational medical practitioner contained in an exit certificate prepared in terms of section 17.

 

(2) An appeal under subsection (1) must—
(a) be lodged with the Medical Inspector within 30 days of the relevant decision or finding, or such further period as may be prescribed; and
(b) state the grounds of the appeal.

 

(3) When the Medical Inspector receives an appeal under subsection (1), the Medical Inspector must choose a medical practitioner who is not employed by the employer of the employee, and arrange for that employee to be re-examined by that medical practitioner, at the cost of the Chief Inspector of Mines.

 

(4) The medical practitioner referred to in subsection (3) must report to the Medical Inspector, who must then consider the appeal and—
(a) confirm, set aside or vary the decision or finding of the occupational medical practitioner; or
(b) substitute any other decision or finding for that decision or finding.

 

(5) Nothing in this section precludes an employee from—
(a) obtaining and paying for a medical opinion from any other medical practitioner; or
(b) pursuing any other legal remedy.

 

(6) For the purposes of this section, " employee" includes any applicant for employment who has previously been employed at a mine.

 

(7) An employee lodging an appeal under subsection (1) may not be dismissed on any grounds relating to unfitness to perform work, pending the outcome of the appeal.

[Section 20(7) inserted by section 7 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

 


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