Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsGuideline for a Mandatory Code of PracticeManagement of Medical Incapacity due to Ill-Health and InjuryPart A: The Guideline4. Definitions and acronyms |
COP means a code of practice.
COIDA means Compensation for Occupational Injuries and Disease Act, 1993 (Act no 130 of 1993), as amended.
DISABILITY means an alteration of an individual's capacity to meet personal, social, or occupational demands or statutory or regulatory requirements because of impairment.
NOTE: Disabilities could include but are not limited to:
Employees are considered as persons with disabilities if they satisfy all or any of the physical, sensory, intellectual or mental impairment conditions. |
EMPLOYMENT EQUITY ACT (EEA) means the Employment Equity Act, Act 55 of 1998, as amended.
EMPLOYEE REPRESENTATIVE means the following:
| • | The employee's recognised full-time union representative; |
| • | Health and Safety Representative for the area; or |
| • | A colleague or co-worker of the employee's choice. |
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ESSENTIAL FUNCTIONS OF THE JOB means those functions of the job which must be done in order to achieve the goals and objectives of that specific job.
FUNCTIONAL CAPACITY ASSESSMENT means the objective test designed to replicate work tasks and assess an injured and/or an ill employee's ability to perform those tasks.
HEALTH AND SAFETY REPRESENTATIVE means a person elected, appointed and trained in terms of the Mine Health and Safety Act (Section 29).
IMPAIRMENT means the following: loss of use, or derangement of any body part, organ system, or organ function. Impairment may be of a physical, or mental and/or a combination of both, or a sensory nature.
NOTE:
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ILO means International Labour Organisation.
INCAPACITY: means the temporary or permanent impairment on the grounds of ill health or injury.
INHERENT JOB REQUIREMENTS means those requirements the employer stipulates as necessary, for a person to be appointed to the job, and are necessary in order to enable an employee to perform the essential functions of the job.
LABOUR RELATIONS ACT (LRA) means the Labour Relations Act, Act 66 of 1995, as amended.
MEDICAL INCAPACITY means the inability to find and retain employment due to a disease and/or an injury that prevents the performance of the customary duties of an employee.
MEDICAL INCAPACITY AND/OR DISABILITY MANAGEMENT means the process of managing people with medical incapacity and/or disability including but not limited to recruitment, retention, and advancement.
MEDICAL INCAPACITY MANAGEMENT COMMITTEE means a formal body at each business unit and/or operation site responsible for co-ordinating and synchronizing operational issues regarding rehabilitation, re-skilling and re-training, evaluation for replacement and reasonable accommodation of people with medical incapacity and/or disabilities.
MEDICAL SURVEILLANCE means a planned program of periodic examinations which may include clinical examinations, biological monitoring, and/or other medical tests of employees by an occupational health practitioner or, in prescribed cases, by an occupational medical practitioner.
MHSA means the Mine Health and Safety Act, Act 29 of 1996, as amended
MINIMUM HEALTH STANDARDS (MHS) means the health status required of an employee, or new recruit, taking into account the health and safety hazards to which such a person will be exposed to, as well as the inherent job requirements, to execute the essential functions of a job in a way that will not pose any danger to the health and safety of such a person, or any co-workers or has the potential to cause damage to property of the employer.
OCCUPATIONAL HEALTH AND SAFETY RISKS means exposure to source of harm and the potential impact thereof on the health and/or safety of the person, or of co-workers.
OCCUPATIONAL HEALTH NURSING PRACTITIONER (OHNP) means an occupational health nurse or a person who holds a qualification in occupational health as recognised by the South African Nursing Council.
OCCUPATIONAL HYGIENIST means a competent person appointed in terms of Section 12(1) of the MHSA
OCCUPATIONAL MEDICAL PRACTITIONER (OMP) means a medical practitioner, who holds a qualification in occupational medicine or an equivalent qualification, recognised by the Health Professions Councilof South Africa (HPCSA).
PROGRESSIVE CONDITIONS means those conditions that are likely to develop or change or recur with increased limitation of the person's ability to function effectively.
REASONABLE ACCOMMODATION means the involvement of any change in the working environment or in the way things are customarily done in order to enable a person with a disability to enjoy equal employment opportunities and access to work and employee benefits.
NOTE: Reasonable accommodation may include, but is not limited to, the following:
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REHABILITATION means a structured program developed to ensure optimal recovery and deployment of employees who suffer impairment or disability.
RETURN-TO-WORK RECOMMENDATIONS means the recommendations made by the OMP, in conjunction with safety specialists, occupational hygienists, line managers and/or Human Resources (where appropriate), giving guidance to the Medical Incapacity Management Committee for returning an employee to his or her normal work, adjusted work or alternative work.
SAFETY OFFICER means person on a mine who is responsible for the safety of the people who work or visit the mine.
SUBSTANTIALLY LIMITING means a condition is substantially limiting if, in its nature, duration or effects, it substantially limits the person's ability to perform the essential functions of the job for which they are being considered or employed.
WORK CAPACITY EVALUATION means a comprehensive evaluation and description of what the employee can and cannot do, a thorough understanding of the duties, working conditions, work processes, job tasks, job requirements and stressors and facilities of the workplace.