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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

29. Limited certificate of fitness

 

(1) On application by any person, including any such person in the service of the State, who is not in possession of a current certificate of fitness and whose work or duties require him or her from time to time to perform risk work, or be in or at places where risk work is performed, at any controlled mine or controlled works for periods not exceeding in the aggregate four hours on any one day, the director shall cause the applicant to be medically examined.

[Section 29(1) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]

 

(2) If after an examination in terms of subsection (1) of a person referred to in that subsection, he or she is found—
(a) not to be suffering from a compensatable disease, or to be suffering from a compensatable disease which does not disqualify him or her from obtaining a certificate of fitness; and
(b) to be fit to perform the work which he or she is from time to time required to perform, without endangering his own health or safety or the health or safety of other workers,

the director shall issue to him or her a certificate of fitness which shall be valid for such period not exceeding one year as the director may determine, and which may be restricted in any manner the director deems fit.

 

(3) The director may at any time by notice in writing to the holder of a certificate of fitness issued under subsection (2), cancel such certificate and require such holder to report at a time and place determined by the director and stated in the notice, for the purpose of undergoing a medical examination.

 

(4) The director shall cause a copy of a notice under subsection (3) to be sent forthwith to the owner of the mine or works in question and to the employer of the person concerned, or, if he or she is in the service of the State, to the head of the department in which he or she is employed.