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

Regulations

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.