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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter III : Certificates of fitness, and medical and other examinations

23. Certificate of fitness

 

(1) The director may, subject to the provisions of this Act, on application made in the prescribed manner by any person, or a contractor or an owner of a controlled mine or a controlled works who intends to employ a person to perform risk work at a mine or works, who is not in possession of a valid certificate of fitness, issue to such person a certificate of fitness in the form determined by the director.

 

(2) An application in terms of subsection (1) shall be accompanied by the prescribed fee, if any, and the prescribed medical report on the person concerned.

 

(3) The director may—
(a) direct such person, contractor or owner to furnish such further information in respect of the application as the director deems necessary or expedient;
(b) cause the application to be investigated;
(c) obtain such further information as he or she may deem necessary for the consideration of the application;
(d) direct the person concerned to make himself or herself available, at his own expense, or at the expense of the contractor or owner, at the bureau or a sub-bureau or a place determined by the director, for such examinations as may be determined by the director.

 

(4) A certificate of fitness issued under subsection (1) shall be valid for such period, not exceeding three years, from the date of its issue as the director may determine, either generally or in any particular case, and the director may, in his discretion, in respect of such certificate impose restrictions limiting the holder thereof—
(a) to work at a particular controlled mine or controlled works; or
(b) to work at a controlled mine or a controlled works of a particular kind or group or category; or
(c) to work in a particular occupation at a controlled mine or a controlled works; or
(d) to work for a fixed period or fixed periods in a particular controlled mine or controlled works, or in controlled mines or controlled works of a particular kind or group or category.

 

(5)
(a) Where any person has on such an examination been found permanently or temporarily unfit for risk work at a controlled mine or a controlled works, the director shall cause the finding to be communicated in writing to such person, and to the contractor or owner concerned, if appropriate.
(b) A person who has been found temporarily unfit for such work, shall be entitled to a further medical examination free of charge if he or she presents himself or herself therefor within 90 days from a date determined by the director and communicated in writing to such person.

 

(6) The director shall prescribe the standard of fitness for risk work at a controlled mine or a controlled works which shall be applied at the medical examination of a person examined for the first time with a view to the issue to him or her of a certificate of fitness, and for that purpose the director may—
(a) prescribe different standards in respect of mines and works;
(b) prescribe different standards in respect of different groups, kinds or categories of mines and works;
(c) prescribe different standards in respect of different classes, groups or categories of persons or different occupations at controlled mines or controlled works.

 

[Section 23 substituted by section 8 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]