Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)RegulationsRegulations - 19735. Cost of medical examinations and treatment and discharge of Black persons |
| 5.1 | The costs incurred in connection with the maintenance in a medical institution of a Black person who is considered or suspected to be suffering from a compensatable disease, for the purpose of keeping such person under observation in pursuance of a direction by the director or for the purpose of awaiting the finding of the certification committee— |
| (a) | for any period not exceeding 30 days from the date on which the director has received, to his satisfaction, the report, X-ray film and information required in terms of regulation 4.8; and |
| (b) | in the case where further reports, X-ray films or information is required in terms of regulation 4.9, for any period not exceeding 30 days from the date on which the director has received, to his or the certification committee’s satisfaction, as the case may be, such further reports, X-ray films or information; shall be borne by the owner of the mine or works concerned or the contractor concerned, and the costs so incurred after the expiration of that period until such owner or contractor has been notified in writing by the director of the finding of the certification committee shall be paid out of moneys appropriated by Parliament for the purpose. |
[Regulation 5.1 substituted by Government Notice No. R. 2711 of 1982]
| 5.2 | The costs incurred in connection with the maintenance of a Black person by the owner of a controlled mine or a controlled works or a contractor after receipt of the finding of the certification committee and such owner or contractor has been authorized by the Black affairs authority to discharge the Black person concerned, shall be paid by the Minister of Black Administration and Development out of moneys appropriated by Parliament for the purpose. |
| 5.3 | No owner of a controlled mine or a controlled works shall discharge from his service a Black person who has worked at a controlled mine or a controlled works, unless such Black person has on the date of his discharge, or within 30 days prior to the said date, undergone a medical examination which has consisted of a clinical and radiological examination and the examining medical practitioner is of the opinion that he is not suffering from a compensatable disease or, if the said medical practitioner is of the opinion or suspects that the Black person is suffering from a compensatable disease, until his case has been considered by the certification committee and the finding of the said committee has been notified in writing to the owner or contractor concerned and the discharge of such person has been authorized by the Black affairs authority. |
| 5.4 | Whenever by arrangement between the owner of a controlled mine or a controlled works or a contractor or an association or organization acting on behalf of such owner or contractor and the Minister of Health, such owner or contractor or organization has undertaken the treatment of a Black person who is suffering from tuberculosis, the Minister of Health shall refund to such owner or contractor or association or organization, out of moneys appropriated by Parliament for the purpose, at a rate determined by the Minister of Health in consultation with the Minister of Finance, the costs necessarily incurred by such owner or contractor or organization in connection with such treatment. |
| 5.5 | If the Black affairs authority has reason to believe that a Black person who has performed work at or in connection with a controlled mine or a controlled works and who is no longer employed at or in connection with such a mine or works may be entitled to any benefit under the Act, that authority shall afford such Black person such means and assistance as may be necessary to enable him to undergo a medical examination directed by the director. Any costs incurred in giving effect thereto, other than the costs incurred in connection with the medical examination which shall be paid out of moneys appropriated by Parliament for that purpose, shall be paid by the Minister of Black Administration and Development out of moneys likewise appropriated: Provided that if such examination is undertaken at a hospital or institution maintained by the Department of Health, the costs incurred in connection with the examination shall be paid by the Minister of Health out of moneys so appropriated. |