| (a) | a decision that the employee is unfit to perform any particular category of work; or |
| (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 purposes 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. |
[Section 20(7) inserted by section 7 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
