Medicines and Related Substances Act, 1965
R 385
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsDiving Regulations, 200920. 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. |
