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

Regulations

Guideline for a Mandatory Code of Practice

Management of Medical Incapacity due to Ill-Health and Injury

Part A: The Guideline

1. Introduction

 

1.1 This guideline has been  drafted  to  assist  Occupational  Medical  Practitioners (OMP's), Safety Health & Environment consultants (SHE) and Human Resource Consultants  in managing employees with medical incapacity in mining.

 

1.2 This guideline does not deal with individual medical conditions, but rather aims to formalise the basic principles of management of employees with medical incapacity in order to ensure that a fair and consistent approach is followed.

 

1.3 An employee's medical condition requires a program for effective management of such an employee. This should be interpreted in functional terms and in the context of the specific job requirements and/or specific job requirements of adjusted or alternative jobs considered during the management of such an employee. The outcome of the process followed must pose no additional risk to the health or safety of such an employee or of co-workers, where relevant.

 

1.4 In instances of reasonable accommodation or alternative job placements, the employer is always entitled to expect full productivity of the accommodated employee.

 

1.5 The interpretation of this guideline should be applicable for the unique operational circumstances of all mining operations, e.g. small mines, open cast mines, underground operations, beneficiation plants, condensation plants or smelters.

 

1.6 The guideline applies to applicants or incumbents in a position.