Acts Online
GT Shield

Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)


Diving Regulations, 2009

20. Medical examinations and medical fitness


(1) Where a medical examination is required by these Regulations the relevant diving contractor is responsible for the arrangements and costs connected with such examination: Provided that such contractor shall not be responsible in respect of examinations regarding indisposition or injuries not sustained during the execution of the person's normal duties.


(2) A medical certificate of fitness must indicate—
(a) the full name of the person to whom it relates;
(b) the passport and or identity number, as the case may be, of the person to whom it relates;
(c) the date of the medical examination;
(d) whether the person is considered fit for the inherent requirements of the job;
(e) any limitation or restriction pertaining to the fitness of the person;
(f) the period, not exceeding 12 months, for which the person is considered fit;
(g) by way of a clear stamp of the designated medical practitioner issuing the certificate—
(i) the initials and surname of the designated medical practitioner;
(ii) the address and contact numbers of the designated medical practitioner;
(iii) the Health Professions Council of South Africa registration number of the designated medical practitioner; and
(iv) the designation number issued by the chief inspector to the designated medical practitioner in terms of regulation 19(1);
(h) the date on which the designation of the medical practitioner lapse in terms of regulation 19(3);and
(i) the signature of the medical practitioner issuing the certificate.


(3) A certificate of fitness must be recorded in the logbook of the person to whom it relates, in accordance with Annexure A.


(4) If a medical certificate of fitness is lost or destroyed and the original designated medical practitioner who issued the certificate can not issue a copy of the original, the person concerned must resubmit him or herself for a medical examination.


(5) If a person is found to be unfit for work, or fit with a restriction, he or she may apply for a review, in writing, to the chief inspector.


(6) A review under subregulation (5) must—
(a) be lodged with the chief inspector within 30 days of the relevant decision or finding; and
(b) state the grounds of the request for review.


(7) When the chief inspector receives a review request under subregulation (5), the chief inspector must choose another designated medical practitioner and arrange for that person to be re-examined by that designated medical practitioner, at the cost of the chief inspector.


(8) A designated medical practitioner contemplated in subregulation (7) must report to the chief inspector, who must then consider the review request and—
(a) confirm, set aside or vary the decision or finding of the designated medical practitioner; or
(b) substitute any other decision or finding for that decision or finding.


(9) Nothing in this regulation precludes a person from—
(a) obtaining and paying for a medical opinion from any other medical practitioner; or
(b) pursuing any other legal remedy.


(10) SAUHMA must keep a registry of diving fitness for the chief inspector and the registry shall contain the following minimum information:
(a) The date of the examination;
(b) the period of validity of the examination;
(c) the name of the person;
(d) the passport or identity number, as the case may be, of the person;
(e) whether the person is considered fit or not;
(f) any restriction that may apply; and
(g) the name, address, telephone number and designation number of the designated medical practitioner who performed the medical examination.