MEDICAL APPEALS
Investigate the meritsof a Section 20 medical appeal.
the medical inspector of mines
It is the primary objective of the Medical Inspector of Mines at the Mine Health and Safety Inspectorate to adjudicate Section 20 of the Mine Health and Safety Act 29 of 1996 as amended.
The Medical Inspector of Mines investigates the merits of a medical appeal. The investigation involves:
The final ruling by the Medical Inspector of Mines is based on all the facts considered and not only on a singular report, interview or visit.
Contact us: section20appeals@dmpr.gov.za
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Section 20 Medical Appeal Brochure
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how to lodge a section 20 medical appeal
Section 20 of the Mine Health and Safety Act 29 of 1996 as amended makes provision for South African mine workers to appeal to the Medical Inspector of Mines against a:
- A decision that an employee is unfit to perform any particular category of work at a mine; or
- A finding of an Occupational Medical Practitioner at a mine contained in the exit certificate of an employee.
To lodge a Section 20 Medical Appeal, an appellant should complete the DMPR 142-form:
- Within 30 days after the decision of the Occupational Medical Practitioner that the employee is unfit to perform their work.
- Within 90 days of the exit examination of the employee.
Applicants should use the explanatory notes to complete the DMPR 142-form when lodging an appeal.
Contact us: section20appeals@dmpr.gov.za
RESOURCES
Section 20 Medical Appeal Brochure
Section 20 Medical Appeal Form [DMPR 142]
Section 20 Medical Appeal Form [DMPR 142] Explanatory Notes
disputing fitness to perform work
The appellant cannot lodge a Section 20 Medical Appeal using the exit certificate itself to dispute unfitness to perform work. The exit certificate itself does not address issues of fitness, only a finding by an Occupational Medical Practitioner contained in the exit certificate can be used by the Medical Inspector of Mines in the investigation.
Contact us: section20appeals@dmpr.gov.za
medical incapacity process
These matters should be addressed through the respective human resources processes at the employer.
If an employee feels that the process implemented and executed by the employer was unfair, the employee should contact the Commission of Conciliation, Mediation and Arbitration [CCMA] during office hours at:
compensation matters
The employee should contact the Compensation Fund during office hours at: