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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

5. Scope

 

This guideline covers a basic system for the OMP and Human Resources Consultants to use when  managing employees suffering from medical incapacity.

 

5.1 This guideline does not advise management of individual medical conditions, but rather prescribes the general principles to be followed for employees suffering from medical incapacity. This is done in order to ensure that such employees will be managed in a consistent and fair way. All relevant legislation should be considered in this process. This guideline should therefore be viewed as an important tool to support employers to align the principles of MHSA with  other relevant pieces of  legislation e.g. LRA, EEA, COIDA and COPs e.g. South African Disability Code, ILO Code.

 

5.2 The OMP involved in this management process should be satisfied that the outcome of each individual case should not contribute negatively to the health and safety of the affected employee, or to the health and safety of any other person or co-worker.