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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

24. Medical examination of person on mine or works becoming controlled mine or works

 

(1) The director shall within six months after the date on which a mine or works becomes a controlled mine or a controlled works by virtue of a notice under section 10—
(a) cause to be medically examined every person who on that date is employed in risk work at that mine or works and who is not in possession of a current certificate of fitness; and

[Section 24(1)(a) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]

(b) subject to the provisions of subsection (3), cause a certificate of fitness to be issued to any such person who is found to be free from any compensatable disease or who is found to be suffering from a compensatable disease which does not disqualify him or her from obtaining a certificate of fitness, irrespective of whether or not such person complies with the standard of fitness determined under section 23 (6).

[Section 24(1)(b) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]

 

(2) A certificate referred to in subsection (1) (b) may be issued subject to any restriction contemplated in section 23 (4).

[Section 24(2) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]

 

(3) The director may refuse the issue of a certificate of fitness to any person referred to in subsection (1) if his health is in the opinion of the director such that he or she may in the performance of his work endanger his own health or safety or the health or safety of other persons employed at the mine or works in question.

 

(4) If, after a medical examination of any person under subsection (1), the issue to him or her of a certificate of fitness is refused, the director shall in writing inform such person of the reasons for the refusal.

 

(5) The director shall as soon as possible after any person has in terms of subsection (1) been medically examined, in writing inform the owner of the mine or works in question of the finding at the examination.