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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

30. Restrictions on issue of certificate of fitness in certain cases

 

(1) Subject to the provisions of section 27 (3) and subsection (3) of this section, no certificate of fitness shall at any time be issued to any person—
(a) who according to a finding of the certification committee, is suffering from—
(i) tuberculosis; or
(ii) tuberculosis and pneumoconiosis; or
(iii) any compensatable disease in the second degree within the meaning of section 44; or
(b) who, in the opinion of the director, is suffering from an infectious disease and has not been completely cured of such disease.

 

(2) A finding expressed under the provisions of the previous Act and by virtue of which a benefit was awarded to any person, shall for the purposes of subsection (1) be deemed—
(a) in the case of such a finding of pneumoconiosis which impaired the cardiorespiratory functions of the persons concerned by not less than twenty per cent but by not more than fifty per cent, not to be a finding of a compensatable disease in the second degree;
(b) in the case of such a finding of pneumoconiosis which impaired the cardiorespiratory functions of the person concerned by more than fifty per cent, to be a finding of a compensatable disease in the second degree;
(c) in the case of such finding of pneumoconiosis and tuberculosis, to be a finding of a compensatable disease in the second degree; and
(d) in the case of such a finding of tuberculosis, to be a finding of tuberculosis.

 

(3) If the certification committee is satisfied that any person who has been found by that committee to be suffering from tuberculosis, has received treatment for tuberculosis and that the disease has been completely cured, the director may issue to such person a certificate of fitness restricting the holder thereof to the performance, at a controlled mine or a controlled works, of work of a nature or at a place or for a period or periods specified in the certificate.

[Section 30(3) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993 Act]

 

(4) The director—
(a) may issue a certificate of fitness referred to in subsection (3) subject to such other restrictions as he or she may consider necessary in addition to the restrictions contemplated in that subsection;
(b) may at any time cancel such a certificate by written notice to the holder thereof;
(c) shall cause a copy of any notice under paragraph (b) to be sent without delay to the owner of any controlled mine or controlled works where the said holder is employed.