Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter III : Certificates of fitness, and medical and other examinations25. Periodical medical examination for renewal of certificate of fitness |
| (1) | Every person who performs risk work at a controlled mine or a controlled works, shall be medically examined at such intervals as may be prescribed by the Minister. |
[Section 25(1) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (2) | Regulations made under subsection (1) may— |
| (a) | differentiate between controlled mines and controlled works, or between different groups, kinds or categories of controlled mines or controlled works, or between different working places at controlled mines or controlled works, or between different classes, groups or categories of persons, or between different occupations at controlled mines or controlled works; |
| (b) | prescribe the nature of the examination to be carried out at any such examination; and |
| (c) | prescribe the period for which any person who has obtained a certificate of fitness for the first time, shall have performed risk work at a controlled mine or a controlled works in order to be entitled to the renewal of his certificate of fitness. |
| (3) | If a person referred to in subsection (1) is at an examination in terms of that subsection found to be free from any compensatable disease in the second degree within the meaning of section 44 (2), the director shall, subject to the provisions of subsections (4) and (5) of this section, cause the certificate of fitness of such person to be renewed for such period as the director may determine but not exceeding the prescribed period. |
| (4) | Any certificate of fitness may under subsection (3) of this section be renewed subject to any restriction contemplated in section 23 (4). |
[Section 25(4) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (5) | The director may refuse the renewal of the certificate of fitness of a person referred to in subsection (1), and may cancel such certificate, 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. |
| (6) | Where the renewal of a certificate of fitness has been refused under this section, the director shall immediately cause the reasons for the refusal to be communicated in writing to the person concerned and a copy of such communication to be sent to the owner of the mine or works where that person is employed, or to the owner of the mine or works by whom he or she is employed. |
[Section 25(6) substituted by section 9 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]