Advise,

Occupational medicine is the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work.

Medical incapacity

Medical incapacity is the temporary or permanent inability to retain a normal occupation due to temporary or permanent impairment on the grounds of ill-health or injury that prevents the performance of the customary duties of an employee in the South African mining industry. Therefore, medical incapacity is the grounds on which mine employees are deemed to be medically incapacitated. The medical condition of an employee and the programme required for the effective management of such an employee should be interpreted:

In functional terms.
In the context of the specific job requirements and/or the specific job requirements of the adjusted or alternative jobs considered during the management of such an employee.
To allow for the unique operational circumstances of all mining operations in South Africa, e.g. small mines, open cast mines, underground operations, beneficiation plants, condensation plants or smelters.

The objective is to ensure procedural and substantive fairness with employment decisions in respect of all current employees with medical incapacity, and those qualifying as persons with disabilities under the Employment Equity Act 55 of 1998 as amended. The outcome of the processes followed must not pose additional risk to the health and/or safety of an employee or his/her co-workers, where relevant. In instances of reasonable accommodation or alternative jobs, the employer is always entitled to expect full productivity of the accommodated employee relating to the essential functions of the task.

Absenteeism and medical incapacity has an impact on on the livelihood and productivity of employees and remains to be a challenge in the South African mining industry.

medical surveillance

Medical surveillance is a legal requirement in terms of the Mine Health and Safety Act 29 of 1996 as amended as well as the Occupational Health and Safety Act 85 of 1993. Section 13(1) of the Mine Health and Safety Act 29 of 1996 as amended is explicit in that every employer in the South African mining industry must establish and maintain a system of medical surveillance of employees exposed to health hazards.

Section 13(1) of the Mine Health and Safety Act 29 of 1996 as amended states that the employer must establish and maintain a system of medical surveillance of employees exposed to health hazards. Every system of medical surveillance must:

Be appropriate considering the health hazards to which the employees are or may be exposed.
Be designed so that it provides information that the employer can use in determining measures to eliminate, control and minimise the health risks and hazards to which employees are or may be exposed to or prevent, detect and treat occupational diseases.
Consist of an initial medical examination and other medical examinations at appropriate intervals.

Employers who establishes or maintains a system of medical surveillance must engage the part-time or full-time services of an occupational medical practitioner and supply them with the means to perform their duties. They should keep record of the medical surveillance of each employee exposed to a health hazard.

DID YOU KNOW?

Biological monitoring is the collection and analysis of body fluids, tissue, excreta or exhaled air to detect and quantify the exposure toot the absorbtion of any substance or organism.

Medical surveillance is thus the planned medical examinations of mine workers at South African mines at appropriate intervals by an occupational health practitioner or an occupational medical practitioner. These examinations may include the clinical examinations, biologigal monitoring or medical tests of employees and are conducted not only detect occupational diseases, but also to collect medical information to assess the associated risks and implement preventative measures.

DID YOU KNOW?

Occupational diseases are contracted as a result of an over-exposure to risk factors arising from work activities.

The Section 13(8) of the Mine Health and Safety Act 29 of 1996 as amended requires that South African mines must ensure that any medical surveillance records of any mine worker are retained as confidential records for at least 40 years. In the case where a mine closes these records are handed over to the Medical Inspector of Mines of the Mine Health and Safety Inspectorate.

It is required by law that every South African mine must compile a summary of the medical surveillance data covering the health of employees covering the immediate preceding 12 months. This summary is the annual medical report and it must be submitted to the Mine Health and Safety Inspectorate before the end of February of each year.

ANNUAL MEDICAL REPORTING

In terms of section 16(1) of the Mine Health and Safety Act 29 of 1996 as amended, every occupational medical practitioner at a South African mine must compile an annual medical report covering the health of employees based on records of medical surveillance without disclosing the identity of these employees covering the immediate preceding 12 months.

The compiled annual medical report must be given to the employer who must share this report the health and safety committee or the health and safety representative as well as the Medical Inspector.

The completed Annual Medical Report Form [DMPR 165] must be submitted to the respective Principal Inspectors at the regional offices of the Mine Health and Safety Inspectorate before the end of February of each year.

This information not only assists the Mine Health and Safety Inspectorate to analyse disease trends per region and by commodity but also provides data regarding achieving the milestones set in terms of eradicating diseases in the South African mining industry.

RESOURCES

Annual Medical Report Form [DMPR 165]

Annual Medical Report Form [DMPR 165] Explanatory Notes

HEALTH INCIDENT REPORTING

In terms of Section 11(5B) of the Mine Health and Safety Act 29 of 1996 as amended, the South African mining industry is required to notify the respective Principal Inspectors at the regional offices of the Mine Health and Safety Inspectorate of any occurrence that result in serious illness or the death of any person.

DID YOU KNOW?

Serious illness is any illnessresulting from occupational exposure that affects the health of a person to the extent that it incapacitates the affected person from resuming their normal or similar occupation for four days or more.

The occupational medical practitioner must complete the Health Incident Report form [DMPR 231] within 30 days from the date of diagnosis of such illness or occupational disease. This will allow Principal Inspectors to instruct an inspector to conduct an investigation. This reporting form was developed to generate records relating to not only the occurrence of occupational diseases in the South African mining industry, but also the morbidity and mortality of these diseases.

RESOURCES

Health Incident Report Form [DMPR 231]

Health Incident Report Form [DMPR 231] Explanatory Notes

MEDICAL EXAMINATIONS

Various medical examinations are performed at various stages during employment at a particular mine and it usually commences with a pre-employment full physical medical examination when an employee start work at a mine. Thereafter all employees at a mine are examined at appropriate intervals. In terms of Section 18 of the Mine Health and Safety Act 29 of 1996 as amended, the employer must pay for the costs of all clinical examination and medical tests performed in terms of this Act, unless this Act expressly provides otherwise.

Initial Medical Examinations

The employer must ensure that an initial examination is performed before an employee commences employment at a mine or within 30 days of commencement of employment in any working place that exposes an employee to workplace noise and airborne pollutants as contemplated in Regulation 11 (4), 11 (5), 11 (6) and 11 (7) of the Mine Health and Safety Act 29 of 1996 as amended.

Periodical Medical Examinations

Periodical medical examinations are risk specific taking into account the physical requirements of the occupation as well as workplace hazard exposure, and the results of risk assessment.These examinations assist the mine in keeping a record of the health of each mine employee.

Exit Medical Examinations

In accordance with Section 17(1) of the Mine Health and Safety Act 29 of 1996 as amended, states that if an employee was subjected to, or was required to be subject, medical surveillance in terms of this Act, the employer must arrange an exit medical examination when the employment of such employee is terminated for any reason. Exit medical examinations must be performed within 30 days of the date of the termination of employment and the employee must attend the examination. The occupational medical practitioner conducting the examination must produce the exit certificate indicating the results of all the medical surveillance conducted and the presence or absence of any occupational disease. A copy of the exit certificate must be entered into the record of medical surveillance of the employee.

EXIT CERTIFICATES

If an employee was subject to, or was required to be subjected to, medical surveillance in terms of the Mine Health and Safety Act 29 of 1996 as amended at a South African mine and their employment at a mine is terminated for any reason, the employer must arrange an exit medical examination of the employee within 30 days of the date of the termination of employment. In terms of Section 19(2) of the Mine Health and Safety Act 29 of 1996 as amended, the occupational medical practitioner conducting the examination must provide an exit medical certificate to the employee.