Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsCommercial Diving Regulations, 20227. Medical surveillance |
| (1) | An employer must establish and maintain a documented system of medical surveillance of employees if— |
| (a) | the employer is registered as a commercial diving contractor; |
| (b) | in the opinion of a designated medical practitioner, after consideration of the results of the risk assessment carried out in terms of regulation 6, it is reasonably likely that a diving-related disease may occur under the particular conditions of an employee's work; or |
| (c) | the designated medical practitioner recommends that relevant employees must be under medical surveillance. |
| (2) | In order to comply with subregulation (1), an employer must appoint, in writing, a designated medical practitioner to document the system of medical surveillance of employees, including— |
| (a) | the consideration of— |
| (i) | the risk of developing occupational diving-related diseases; and |
| (ii) | medical fitness to dive; |
| (b) | an initial health evaluation before commencement of employment, which includes— |
| (i) | an evaluation of the employee's medical, occupational, exposure and social history; |
| (ii) | an appropriate physical examination; and |
| (iii) | any other additional medical examination, which, in the opinion of the designated medical practitioner, is necessary to enable such practitioner to perform an appropriate health evaluation; |
| (c) | periodic health evaluations conducted at intervals, not exceeding two years, specified by a designated medical practitioner; |
| (d) | a documented exit health evaluation upon termination of employment; |
| (e) | providing the employee with a copy of the exit health evaluation, in accordance with subregulation (2)(d), upon termination of employment; and |
| (f) | that the appointed designated medical practitioner must notify the employer, in writing, of the outcomes of the medical surveillance. |
| (3) | The appointed designated medical practitioner must notify the employer, in writing, of the outcome of the health evaluation by issuing the medical fitness certificate and medical fitness to dive certificate, subject to the following: |
| (a) | The information provided to the employer is limited to the presence of an occupational disease and the fitness to perform the inherent requirements of the job, and must not include confidential medical information; |
| (b) | the employee is informed of the outcome of the health evaluation; and |
| (c) | the restrictions placed on the medical fitness certificate of an individual diver. |
| (4) | An employer must not permit an employee who has been certified by a designated medical practitioner as medically unfit, to perform or supervise commercial diving operations: Provided that the employee may return to perform that work after being certified medically fit by a designated medical practitioner, and after— |
| (a) | being informed of the results of the exposure assessment; and |
| (b) | being prescribed medical tests in the frequency that they should be repeated, based on the risks. |