Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsMine Health and Safety RegulationsChapter 11 : Occupational Health |
| 11.1 | Appeal regarding finding of unfitness to perform work |
An appeal under section 20(1) must be lodged with the Medical Inspector—
| (a) | within 30 days of a decision or finding that an employee is unfit to perform any particular category of work; |
| (b) | within 90 days of the date of issue of an exit medical certificate; or |
| (c) | within such period as the Medical Inspector may allow on good cause shown. |
[Regulation 11.1 inserted by Notice No. R. 721 dated 11 June 1999]
11.2 Annual Medical Report
The annual medical report contemplated in section 16(1) must include details regarding at least the following:
(a)
| (i) | Name of mine. |
| (ii) | Name, address and telephone number of the occupational medical practitioner responsible for compiling the annual medical report. |
| (b) | Type of mine. Commodity or commodities being mined. |
| (c) | Total number of employees (including contract workers) who were subject to medical surveillance in terms of section 13 during the reporting period and the total number of hours worked by those employees. |
| (d) | The number of initial, periodical and exit examinations conducted as part of the medical surveillance system. |
| (e) | An analysis of the employees’ health based on the employees’ records of medical surveillance, without disclosing the names of the employees. |
| (f) | Comments on the future direction of the medical surveillance system. |
| (g) | The number of employees certified for compensation for occupational diseases. |
[Regulation 11.2 inserted by Notice No. R. 1486 dated 17 December 1999]
| 11.3 | Exit certificate |
The exit certificate contemplated in section 17 must include details regarding at least the following:
11.3.1 Particulars of mine:
| (a) | Name of mine |
| (b) | Types of mine commodities being mined |
| (c) | Postal address |
| (d) | Telephone number |
| (e) | Fax number |
| (f) | Name of Occupational Medical Practitioner responsible for producing the exit certificates in terms of Section 17(4). |
| 11.3.2 | Particulars of employees: |
| (a) | Name |
| (b) | Date of birth |
| (c) | Identification details: Identity number, Passport number, Industry number and company number |
| (d) | ate [sic] of initial medical examination |
| 11.3.3 | Exit medical summary: |
| (a) | Date of last medical examination. |
| (b) | Clinical comments on chest x-ray (CXY). |
| (c) | International Labour Organization (lLO) classification of the chest x-ray (CXR) if applicable. |
| (d) | Lung function Testing: |
| (i) | Forced Expiratory Volume in 1 second (FEV1) - actual and predicable percentages. |
| (ii) | Forced Vital Capacity (FVC) - actual and predicable percentages. |
| (iii) | Ratio of forced Expiratory Volume in 1 second (FEV1)/Forced Vital Capacity (FVC) expressed as a percentage. |
| (e) | Audiometry |
| (i) | Baseline Audiogram readings (measurement in dB at 0.5,1, 2, 3, 4 KHz) in terms of regulation 11.4 |
| (ii) | Baseline Percentage Loss of Hearing (PLH) as contemplated in instruction 171, issued by the Compensation Commissioner in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 |
| (iii) | Exit Audiogram readings (measurement in dB at 0.5,1, 2, 3, 4 KHz) |
| (iv) | Exit PLH as contemplated in instruction 171 |
| (f) | Biological monitoring results of the employee, and provide comments on abnormal results. |
| (g) | Occupational diseases previously incurred and current including severity. |
| (h) | Any compensation claims submitted and/or compensation received. |
| (i) | Name and signatures of Occupational Medical Practitioner. |
| (j) | Signature of employee, witness and date of receipt by employee of a copy of the exit certificate. |
[Regulation 11.3 substituted by Regulation 2 of Government Notice R621 dated 23 August 2013]
| 11.4 | Noise |
| (1) | System of Medical Surveillance |
The employer must establish and maintain a system of medical surveillance, as contemplated in section 13, of all employees in any working place where the equivalent, continuous A-weighted sound pressure level, normalised to an eight hour working day or a forty hour working week, is equal to or exceeds 85 dB(A).
| (2) | Types of Audiograms |
The system of medical surveillance contemplated in regulation 11.4 (1) must consist of a baseline audiogram, periodic audiograms and an exit audiogram.
| (3) | A competent person must perform all audiograms. |
| (4) | Baseline Audiogram |
A baseline audiogram must be recorded before an employee commences employment or within 30 days of commencement of employment in any working place contemplated in regulation 11.4(1).
| (5) | Testing for the baseline audiogram must not be done within 16 hours from when an employee has been exposed to an environment in which the noise level was equal to or exceeded 85 dB(A). The use of hearing protection devices to effect this attenuation will not be acceptable. |
| (6) | The baseline audiogram is the better of the employee's two audiograms performed on the same day and that do not differ from each other by more than 10 dB for any of the following measured test frequencies, i.e. 0.5, 1, 2, 3, and 4 kilohertz (kHz). |
| (7) | If it is impossible to obtain two audiograms that comply with the requirements of regulation 11.4(6), the employees must be referred to a competent person to establish baseline-hearing levels in accordance with regulation 11.4(6). |
| (8) | If it is impossible for the competent person to establish baseline-hearing levels as contemplated in regulation 11.4(7), the competent person may establish baseline-hearing levels by using other techniques, such as speech reception thresholds. |
| (9) | Periodic Audiograms |
The employer must ensure that a periodic audiogram is obtained at least annually for all employees subject to medical surveillance in terms of regulation 11.4(1).
| (10) | The periodic audiogram contemplated in regulation 11.4(9) must be performed at least 16 hours after any exposure of the employees to a noise level equal to or exceeding 85 dB(A.) Use of appropriate hearing protection devices to reduce exposure will be acceptable. |
| (11) | Exit Audiogram |
In addition to the exit medical examination for the purposes of section 17, the employer must arrange an audiogram for every employees subject to medical surveillance in terms of regulation 11.4(1) and who is permanently transferred to a working place in respect of which medical surveillance is not required under regulation 11.4(1).
| (12) | An audiogram conducted within the preceding six months may be used as an exit audiogram for purposes of section 17 or regulation 11.4(11). |
[Regulation 11.4 inserted by the Schedule of Notice No. R. 786 dated 14 June 2002]
REGULATIONS FOR MEDICAL SURVEILLANCE FOR ASBESTOS DUST EXPOSURE
11.5 Asbestos dust
| (1) | System of Medical Surveillance |
The employer must establish and maintain a system of medical surveillance as contemplated in section 13, for all employees who perform work in any working place where exposure to asbestos dust occurs in excess of 50% of the OEL for asbestos dust as set out in Schedule 22.9(2)(a) and (b).
| (2) | Types of Examinations to be Performed |
The system of medical surveillance contemplated in regulation 11.5(1) must consist of an initial examination, periodic examinations and an exit examination.
| (3) | Initial Examination |
The employer must ensure that an initial examination is performed before an employee commences employment, or within 30 days of commencement of employment, in any working place contemplated in regulation 11.5(1). The initial examination must consist of:
| (a) | the completion of an appropriate respiratory questionnaire aimed at establishing the employee's medical profile, including current and past cardiorespiratory problems and an occupational history detailing possible exposure to asbestos dust. |
| (b) | a cardio-respiratory examination, including: |
| (i) | a full size chest x-ray; and |
| (ii) | a lung function test. |
| (4) | Periodic Examinations |
The employer must ensure that the following periodic examinations are conducted on all employees required to undergo medical surveillance in terms of regulation 11.5(1):
| (a) | a cardio-respiratory examination, including a lung function test, but excluding a cheat x-ray, one year after the initial examination contemplated in regulation 11.5(3); and thereafter |
| (b) | a cardio-respiratory examination, at three yearly intervals, which includes: |
| (i) | a full size chest x-ray; and |
| (ii) | a lung function test. |
| (5) | Exit Examination |
In addition to the exit medical examination for the purposes of section 17, the employer must arrange a cardio-respiratory examination for every employee subject to medical surveillance in terms of regulation 11.5(1) and who is permanently transferred to a working place in respect of which medical surveillance is not required under regulation 11.5(1).
| (6) | A full size chest x-ray conducted within the preceding twelve months may be used as the exit, chest x-ray for the purposes of section 17 and regulation 11.5(5). |
| (7) | A lung function test conducted within the preceding twelve months may be used as the lung function test for the purposes of section 17 and regulation 11.5(5). |
[Regulation 11.5 inserted by the Schedule in Notice No. R. 1792 dated 12 December 2003]
REGULATIONS FOR MEDICAL SURVEILLANCE FOR COAL DUST EXPOSURE
| 11.6 | Coal Dust |
| (1) | System of Medical Surveillance |
| (a) | The employer must establish and maintain a system of medical surveillance as contemplated in section 13, for all employees who perform work in any working place where exposure to coal dust occurs in excess of 50% of the OEL for coal dust with less than 5% crystalline silica content as set out in Schedule 22.9(2)(a) and (b). |
| (b) | If the cystalline silica content of the coal dust is 5% or more, the employer must establish and maintain a system of medical surveillance as contemplated in regulations 11.7(1) to 11.7(7). |
| (2) | Types of Examinations to be Performed |
The system of medical surveillance contemplated in regulation 11.6(1)(a) must consist of an initial examination, periodic examinations and an exit examination.
(3) Initial Examination
The employer must ensure that an initial examination is performed before an employee commences employment, or within 30 days of commencement of employment, in any working place contemplated in regulation 11.6(1)(a). The initial examination must consist of:
| (a) | the completion of an appropriate respiratory questionnaire aimed at establishing the employee's medical profile, including current and past cardio-respiratory problems and an occupational history detailing possible exposure to coal dust. |
| (b) | a cardio-respiratory examination, including: |
| (i) | a full size chest x-ray; and |
| (ii) | a lung function test. |
| (4) | Periodic Examinations |
The employer must ensure that the following periodic examinations are conducted on all employees required to undergo medical surveillance in terms of regulation 11.6(1)(a):
| (a) | a cardio-respiratory examination, including a lung function test, but excluding a chest x-ray, one year after the initial examination contemplated in regulation 11.6(3); and thereafter |
| (b) | a cardio-respiratory examination, at three yearly intervals, which includes: |
| (i) | a full size chest x-ray; and |
| (ii) | a lung function test. |
| (5) | Exit Examination |
In addition to the exit medical examination for the purposes of section 17, the employer must arrange a cardio-respiratory examination for every employee subject to medical surveillance in terms of regulation 11.6(1)(a) and who is permanently transferred to a working place in respect of which medical surveillance is not required under regulation 11.6(1)(a).
| (6) | A full size chest x-ray conducted within the preceding twelve months may be used as the exit chest x-ray for the purposes of section 17 and regulation 11.6(5). |
| (7) | A lung function test conducted within the preceding twelve months may be used as the lung function test for the purposes of section 17 and regulation 11.6(5). |
[Regulation 11.6 inserted by the Schedule in Notice No. R. 1792 dated 12 December 2003]
REGULATIONS FOR MEDICAL SURVEILLANCE FOR SILICA DUST EXPOSURE
| 11.7 | Crystalline Silica Dust |
| (1) | System of Medical Surveillance |
The employer must establish and maintain a system of medical surveillance as contemplated in section 13, for all employees who perform work in any working place where exposure to crystalline silica dust occurs in excess of 10% of the OEL for crystalline silica dust as set out in Schedule 22.9(2)(a) and (b).
| (2) | Types of Examinations to be Performed |
The system of medical surveillance contemplated in regulation 11.7(1) must consist of an initial examination, periodic examinations and an exit examination.
| (3) | Initial Examination |
The employer must ensure that an initial examination is performed before an employee commences employment, or within 30 days of commencement of employment, in any working place contemplated in regulation 11.7(1). The initial examination must consist of:
| (a) | the completion of an appropriate respiratory questionnaire aimed at establishing the employee's medical profile, including current and past cardio-respiratory problems and an occupational history detailing possible exposure to silica dust. |
| (b) | a cardio-respiratory examination, including: |
| (i) | a full size chest x-ray; and |
| (ii) | a lung function test. |
| (4) | Periodic Examinations |
The employer must ensure that the following periodic examinations are conducted on all employees required to undergo medical surveillance in terms of regulation 11.7(1):
| (a) | a cardio-respiratory examination, including a lung function test, but excluding a chest xray, one year after the initial examination contemplated in regulation 11.7(3); and thereafter |
| (b) | a cardio-respiratory examination, at three yearly intervals, which includes: |
| (i) | a full size chest x-ray; and |
| (iii) | a lung function test. |
| (5) | Exit Examination |
In addition to the exit medical examination for the purposes of section 17, the employer must arrange a cardio-respiratory examination for every employee subject to medical surveillance in terms of regulation 11.7(1) and who is permanently transferred to a working place in respect of which medical surveillance is not required under regulation 11.7(1).
| (6) | A full size chest x-ray conducted within the preceding twelve months may be used as the exit chest x-ray for the purposes of section 17 and regulation 11.7(5). |
| (7) | A lung function test conducted within the preceding twelve months may be used as the lung function test for the purposes of section 17 and regulation 11.7(5). |
[Regulation 11.7 inserted by the Schedule in Notice No. R. 1792 dated 12 December 2003]
| 11.8 | Reporting of Occupational Diseases |
| (1) | The employer must report to the Principal Inspector of mines any of the following occupational diseases within 30 days from the date of diagnosis as a result of working in the mines: |
| (a) | Occupational lung diseases; |
| (b) | Other occupational diseases as covered by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act no. 130 of 1993) as amended ("COIDA"), or Occupational Diseases in the Mines and Works Act, 1973 (Act no. 78 of 1973) as amended ("ODMWA"); |
| (c) | Noise Induced Hearing Loss (when Percentage Loss of Hearing (PLH) shift is 5% or more); |
| (d) | Other illnesses that may impact on the health and safety of employees, as determined through instructions by the Chief Inspector of mines. |
| (2) | In reporting the reportable occupational diseases listed in Regulation 11.8(1) using the form DMR 231 Health Incident Report (HIR) Form, the following must be considered. |
| (a) | Occupational lung diseases |
| (i) | Silicosis and Coal Worker's Pneumoconiosis (CWP) |
A radiological diagnosis of silicosis or coal-workers' pneumoconiosis that takes into account:
| (a) | History of significant exposure to airborne silica or coal dust; and |
| (b) | Chest X-ray consistent with silicosis or coal-workers' pneumoconiosis, or |
| (c) | Lung tissue pathology consistent with silica or coal- workers' pneumoconiosis exposure where history has been done at post mortem. |
| (ii) | Cardiorespiratory Tuberculosis |
Tuberculosis affecting the respiratory organs and/or the heart muscles:
| (a) | Where an employee was exposed and contracted the disease while performing risk work at a mine; or |
| (b) | Within 12 months after leaving employment. |
| (b) | Other Occupational Lung Diseases |
These include other occupational lung diseases with significant correlation with the risk in that particular mine which are also compensable under "ODMWA" or "COIDA".
| (c) | Noise Induced Hearing Loss |
This includes an impairment of hearing as a result of exposure to excessive noise at a mine with;
| (i) | PLH shift of more than or equal to 5% from the baseline audiometry; and |
| (ii) | PLH shift of more than 5% where baseline audiometry is unknown or regarded as zero. |
| (d) | Other Illnesses |
Other illnesses that may impact on the health and safety of employees, as determined through instructions by the Chief Inspector of Mines. These may include lifestyle diseases such as diabetes, hypertension etc.
| (3) | Occupational diseases referred to in Regulation 11.8(1)(a), (b) and (c) must be reported on a prescribed form to the Principal Inspector of Mines within 30 days from the date of diagnosis; and other illnesses referred to in Regulation 11.8.1(d) based on an instruction from the Chief Inspector of Mines. |
[Regulation 11.8 inserted by Notice No. R. 701 dated 12 September 2014]
| 11.9 | Record of Hazardous Work |
| (a) | An up to date copy of the employee's Record of Hazardous Work recorded in prescribed form DMR 276 must be delivered to the Medical Inspector and also attached to the Exit Certificate as contemplated in terms of Section 14 of the Act. |
[Regulation 11.9 inserted by Notice No. R621 dated 23 August 2013]
[Chapter heading replaced by Regulation 1 of Notice No. R. 621 dated 23 August 2013]