ADJUDICATING SECTION 20 OF THE MINE HEALTH AND SAFETY ACT, 1996 BY InvestigatING the merits of a medical appeal
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 final ruling is based on all the facts considered and not only a singular report, interview or visit.
plan the medical inspector of mines
The primary objective of the Medical Inspector of Mines at the Mine Health and Safety Inspectorate is to adjudicate matters in terms of Section 20 of the Mine Health and Safety Act 29 of 1996 as amended. In investigating the merits of a medical appeal, the Medical Inspector of Mines may:
- Inspect the employee’s workplace
- Research the disputed medical condition
- Consult medical specialists for expert opinions
- Interview employees, employers and their representatives
- Consider other relevant legislation relevant to the appeal
The final ruling is based on all facts considered and not on a single report, interview or visit.
Contact us: section20appeals@dmpr.gov.za
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
mines 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.
The employer must arrange an exit medical examination within 30 days of the date of termination of employment for any reason for an employee to obtain an exit certificate if the employee was subjected to medical surveillance.
Contact us: section20appeals@dmpr.gov.za
medical incapacity process
The medical incapacity processes to determine the possibility of alternative work is not part of the Section 20 Medical Appeal process. Matters pertaining to the medical incapacity process 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
Matters pertaining to compensation do not form part of the Section 20 Medical Appeal process of the Mine Health and Safety Inspectorate. The employee should contact the Compensation Fund during office hours at: