A. 12-24. The Act Flashcards
How must the employer establish a system of medical surveillance?
13(1) The employer must establish and maintain a system of medical surveillance of employees exposed to health hazards –
(a) if required to do so by regulation or a notice in the Gazette; or
(b) if, after assessing risks in terms of section 11(1), it is necessary to do so.
(2) Every system of medical surveillance must –
(a) be appropriate, considering the health hazards to which the employees are or may be exposed;
(b) be designed so that it provides information that the employer can use in determining measures to –
(i) eliminate, control and minimise the health risk and hazards to which employees are or may e exposed; or
(ii) prevent, detect and treat occupational diseases; and
(c) consist of an initial medical examination and other medical examinations at appropriate intervals.
(3) Every employer who establishes or maintains a system of medical surveillance must –
(a) engage the part-time or full-time services of –
(i) an occupational medical practitioner;
(b) supply the practitioners with the means to perform their functions; and
(c) keep a record of medical surveillance for each employee exposed to a health hazard.
(4A) The employer must inform the Principal Inspector of Mines, in writing, within seven days of the appointment of the occupational medical practitioner.
(4B) The information submitted in terms of subsection (4A) must include –
(a) the name of a occupational practitioner;
(b) his or her practice number; and
(c) whether the occupational medical practitioner is engaged full time or part time.
(5) An occupational medical practitioner must take very measure that is reasonably practicable to –
(a) promote the health and safety of employees at the mine; and
(b) assist employees in matters related to occupational medicine.
(6) If any employee is temporarily unfit to perform work as a result of any occupational disease, the employer must conduct an investigation in terms of section 11(5).
(7) If an employee is temporarily unfit to perform work as a result of any occupational disease, but there is a reasonable expectation that the employee’s health will improve so that the employee can return to work, the occupational medical practitioner must record that fact and notify both the employer and employee of it.
(8) The employer must –
(a) retain the records referred to in sections 12 (3), 12(3)(c) and 14(1) until the mine closes; and
(b) when the mine closes, deliver those records to the Medical Inspector.
How must the employers conduct occupational hygiene measurements?
12 (1) The employer must engage the part-time or full-time services of a person qualified in occupation hygiene techniques to measure levels of exposure to hazards at the mine –
(a) if required to do so by regulation or a notice in the Gazette; or
(b) if, after assessing risks in terms of section 11(1), it is necessary to do so.
(2) Every system of occupational hygiene measurements must –
(a) be appropriate, considering the hazards to which the emploees are or may be exposed; and
(b) be designed so that it provides information that the employer can use in determining measures to eliminate, control and minimise the health risks and hazards to which employees are or may be exposed.
(3) The employer must keep a record of all occupation hygiene measurements in terms of subsection (1) in a manner that can be linked as far as practicable to each employee’s record of medical surveillance.
Must the employer keep a record of hazardous work?
14(1) The employer at every mine must keep a service record, in the prescribed form, of employees at the mine who perform work in respect of which medical surveillance is conducted in terms of section 13.
(2) The employer must deliver the Medical Inspector a copy of the relevant part of the record kept in terms of subsection (1) –
(a) when an employee whose name appears in that record ceases to be employed at the mine; or
(b) when required to do so by the Chief Inspector of Mines.
How must an employee’s record of medical surveillance be kept?
R500 000 or 5 yrs imprisonment
15(1) An employee’s record of medical surveillance kept in terms of section 13(3)(c) must be kept confidential an may be made available only –
(a) in accordance with the ethics of medical practice;
(b) if required by law or court order; or
(c) if the employee has consented, in writing, to the release of that information.
(2) Any person required to maintain an employee’s record of medical surveillance must –
(a) store it safely; and
(b) not destroy it or dispose of it, or allow it to be destroyed or disposed of, for 40 years from the last date of the medical surveillance of that employee.
Who must compile the annual medical reports?
R500 000 or 5 yrs imprisonment
16(1) Every occupational medical practitioner at a mine must compile an annual report covering employees at that mine, giving an analysis of the employees’ health based on the employees’ records of medical surveillance, without disclosing the names of the employees.
(2) The annual report compiled in terms of subsection (1) must be given to the employer, who must deliver one copy of the report to each of –
(b) the health and safety committees, or if there is no health and safety committee, the health and safety representatives; and
(c) the Medical Inspector.
When must an exit examination be conducted?
17(1) If an employee was subject to, or was required to be subject to, medical surveillance in terms of this Act and such employee’s employment at a mine is terminated for any reason, the employer must arrange an exit medical examination of the employee.
(2) The examination referred to in subsection (1) must be held before, or within 30 days after, termination of the employment.
(3) The employee must attend the examination.
(4) The occupational medical practitioner conducting the examination must –
(a) produce an exit certificate with respect to that employee indicating the results of all medical surveillance and the presence or absence of any occupational disease; and
(b) enter a copy of the exit certificate into the employee’s record of medical surveillance.
Who must cover the costs for medical tests?
18 The employer must pay the costs of all clinical examinations and medical tests performed in terms of this Act unless this Act expressly provides otherwise.
What information does an employee have a right to?
19(1) An employee may request, and the employer must then provide, a copy of the record or of any part of it that –
(a) is being kept in terms of section 12(3) and 13(3)(c); and
(b) relates to that employee.
(2) The occupational medical practitioner conducting an examination in terms of section 17 must provide the employee with a copy of the exit certificate prepared as a result of that examination.
May an employee dispute findings of unfitness to perform work?
20(1) An employee may appeal to the Medical Inspector against –
(a) a decision that the employee is unfit to perform any particular category of work; or
(b) any finding of an occupational medical practitioner contained in an exit certificate prepared in terms of section 17.
(2) An appeal under subsection (1) must –
(a) be lodged with the Medical Inspector within 30 days of the relevant decision or finding, or such further period as may be prescribed; and
(b) state the grounds of the appeal.
(3) When the Medical Inspector receives an appeal under subsection (1), the Medical Inspector must choose a medical practitioner who is not employed by the employer of the employee, and arrange for that employee to be re-examined by that medical practitioner, at the cost of the Chief Inspector of Mines.
(4) The medical practitioner referred to in subsection (3) must report to the Medical Inspector, who must then consider the appeal and –
(a) confirm, set aside or vary the decision or finding of the occupational medical practitioner; or
(b) substitute any other decision or finding for that decision or finding.
(5) Nothing in this section precludes an employee from –
(a) obtaining and paying for a medical opinion from any other medical practitioner; or
(b) pursuing any other legal remedy.
(6) For the purpose of this section, “employee” includes any applicant for employment who has previously been employed at a mine.
(7) An employee lodging an appeal under subsection (1) may not be dismissed on any grounds relating to unfitness to perform work, pending the outcome of the appeal.
What are the manufacturer’s and supplier’s duty for health and safety?
R500 000 or 5 yrs imprisonment
21(1) Any person who-
(a) designs, manufactures, repairs, imports or supplies any article for use at a mine must ensure, as far as reasonably practicable –
(i) that the article is safe and without risk to health and safety when used properly; and
(ii) that it complies with all the requirements in terms of this Act;
(b) erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health and safety when used properly; or
(c) designs, manufactures, erects or installs any article for use at amine must ensure, as far as reasonably practicable, that ergonomic principles are considered and implemented during design, manufacture, erection or installation.
(2) Any person who bears a duty in terms of subsection (1) is relieved of that extent that is reasonable in the circumstances, if-
(a) that persons designs, manufactures, repairs, imports or supplies an article for or to another person; and
(b) that other person provides a written undertaking to take specified steps sufficient to ensure, as far as reasonably practicable, that the article will be safe and without risk to health and safety when used properly and that it complies with all prescribed requirements.
(3) Any person who designs or constructs a building or structure, including a temporary structure, for use at a mine must ensure, as far as reasonably practicable, that the design or construction is safe and without risk to health and safety when used properly.
(4) Every person who manufactures, imports or supplies any hazardous substance for use at a mine must-
(a) ensure, as far as reasonably practicable, that the substance is safe and without risk to health and safety when used, handled, processed, stored or transported at a mine in accordance with the information provided in terms of paragraph (b);
(b) provide adequate information about-
(i) the use of the substance;
(ii) the risks to health and safety associated with the substance;
(iii) any restriction or control on the use, transport and storage of the substance, including but not limited to exposure limits;
(iv) the safety precautions to ensure that the substance is without risk to health and safety;
(v) the procedure to be followed in the case of an accident involving excessive exposure to the substance, or any other emergency involving the substance; and
(vi) the disposal of used containers in which the substance has been stored and any waste involving the substance; and
(d) ensure that the information provided in terms of paragraph (b) complies with the provisions of the Hazardous Substances Act, 1973 (Act no. 15 of 1973).
What is an employees’ duty for health and safety?
R200 000 or 2 yrs imprisonment
22 Every employee at a mine, while at that mine, must –
(a) take reasonable care to protect their own health and safety;
(b) take reasonable care to protect the health and safety of other persons who may be affected by any act or omission of that employee;
(c) use and take proper care of protective clothing, and other health and safety facilities and equipment provided for the protection, health or safety of that employee and other employees;
(d) report promptly to their immediate supervisor any situation which the employee believes presents a risk to the health or safety of that employee or any other person, and with which the employee cannot properly deal;
(e) co-operate with any person to permit compliance with the duties and responsibilities placed on that person in terms of this Act; and
(f) comply with prescribed health and safety measures.
When is it the employees’ right to leave a dangerous working place?
23(1) The employee has the right to leave any working place whenever-
(a) circumstances arise at that working place which, with reasonable justification, appear to that employee to pose a serious danger to the health or safety of that employee; or
(b) the health and safety representative responsible for that working place directs that employee to leave that working place.
(2) Every employer, after consulting the health and safety committee at the mine, must determine effective procedures for the general exercise of the rights granted by subsection (1), and those procedures must provide for-
(a) notification of supervisors and health and safety representatives of dangers which have been perceived and responded to in terms of subsection (1);
(b) participation by representatives of employer and representatives of the employees in endeavouring to resolve any issue that may arise from the exercise of the right referred to in subsection (1);
(c) participation, where necessary, by an inspector or technical adviser to assist in resolving any issue that may arise from the exercise of the right referred to in subsection (1);
(d) where appropriate, the assignment to suitable alternative work of any employee who left, or refuses to work in a working place contemplated in subsection (1)
(e) notification to any employee who has to perform work or is requested to perform work in a working place, contemplated in subsection (1) of the fact that another employee has refused to work there and of the reason for that refusal.
(3) If there is no health and safety committee at a mine, the consultation required in subsection (2) must be held with-
(a) the health and safety representatives; or
(b) if there is no health and safety representative at the mine, with the employees.
(4) The Minister, by notice in the Gazette, must determine minimum requirements for the procedures contemplated in subsection (2).
Must an employee pay for safety measures?
R500 000 or 5 yrs imprisonment
24 No person may make any deduction from an employee’s wages, or permit an employee to make any payment to any person, in respect of anything which the employer is obliged to provide or to do in terms of this Act in the interest of the health and safety of an employee.
