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

Chapter 2 : Health and Safety at Mines

13. Employer to establish system of medical surveillance

 

(1) The employer must establish and maintain a system of medical surveillance of employees exposed to health hazards—
(a) if required to do so by regulation or a notice in the Gazette; or
(b) if, after assessing risks in terms of section 11(1), it is necessary to do so.

 

(2) Every system of medical surveillance must—
(a) be appropriate, considering the health hazards to which the employees are or may be exposed;
(b) be designed so that it provides information that the employer can use in determining measures to—
(i) eliminate, control and minimise the health risk and hazards to which employees are or may be exposed; or
(ii) prevent, detect and treat occupational diseases; and
(c) consist of an initial medical examination and other medical examinations at appropriate intervals.

 

(3) Every employer who establishes or maintains a system of medical surveillance must—
(a) engage the part-time or full-time services of-
(ii) [Section 13(3)(a)(ii) deleted by section 5(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)];
(b) supply the practitioners with the means to perform their functions; and
(c) keep a record of medical surveillance for each employee exposed to a health hazard.

 

(4) [Section 13(4)  deleted by section 5(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)].

 

(4A) The employer must inform the Principal Inspector of Mines, in writing, within seven days of the appointment of the occupational medical practitioner.

[Section 13(4A) inserted by section 5(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)].

 

(4B) The information submitted in terms of subsection (4A) must include—
(a) the name of a occupational medical practitioner;
(b) his or her practice number; and
(c) whether the occupational medical practitioner is engaged full time 10 or part time .

[Section 13(4B) inserted by section 5(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)].

 

(5) An occupational medical practitioner must take every measure that is reasonably practicable to—
(a) promote the health and safety of employees at the mine; and
(b) assist employees in matters related to occupational medicine.

 

(6) If any employee is declared unfit to perform work as a result of an occupational disease, the employer must conduct an investigation in terms of section 11(5).

[Employees have the right to challenge a decision that they are unfit to perform work. See section 20.]

 

(7) If an employee is temporarily unfit to perform work as a result of any occupational disease, but there is a reasonable expectation that the employee's health will improve so that the employee can return to work, the occupational medical practitioner must record that fact and notify both the employer and employee of it.

 

(8) The employer must—
(a) retain the records referred to in sections 12(3), 13(3)(c) and 14(2) until the mine closes; and
(b) when the mine closes, deliver those records to the Medical Inspector.