Intellectual Property Rights from Publicly Financed Research and
R 385
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsRegulations for Hazardous Chemical Agents, 2020AnnexuresAnnexure 3 : Hazardous Chemical Agent GuidelinesGuidance on medical surveillance and biological monitoringMedical surveillanceWork-related findings |
| 19. | Work-related findings include two categories: |
| (a) | Occupational disease: this relates to adverse health effects consequent on exposure to an HCA. It is a legal requirement that those which have progressed to occupational disease must be communicated to the employee, employer and the Department of Labour. This important process is further described below. |
| (b) | Medical fitness to work: this relates to identified health conditions that are not caused by the workplace but which impact on the vulnerability of the employee who may be exposed to an HCA, and which may be aggravated by workplace exposures, for example, an employee who has had asthma since childhood and is performing work that may result in exposure to a respiratory irritant or allergen. In these circumstances, the occupational nurse practitioner, in consultation with an occupational medicine practitioner, must carefully consider the risks and convey the appropriate task or workplace restrictions to the employer in the form of a written certificate of fitness. The employer may not allow the employee to return to normal duties until cleared by an occupational medicine practitioner (see regulation 7(3)) |
Important notes:
| (a) | Neither of the above work-related findings are reason to automatically declare that the employee is medically unfit to perform his or her job. It is an incapacity that should be handled with careful thought, and all options for accommodation should be considered, as prescribed by the Labour Relations Act, 1995 (Act No. 66 of 1995) and the Employment Equity Act, 1998 (Act No. 55 of 1998). |
| (b) | Informing the employer of a health-related restriction does not mean that disclosure of the specific medical diagnosis is required. Disclosure of the diagnosis may occasionally be warranted, but then should be done with the consent of the employee, and where such disclosure is in the best interests of the employee. Should the employee refuse consent despite a necessity to inform the employer, the employee should be told that the employer will be informed and the details of the information to be provided, as allowed for in the Health Professions Act, 1974 (Act No. 56 of 1974) |
