Guideline on medical incapacity in mining industry republished

mining
05 Sep 2023

The guideline for a mandatory code of practice for the management of medical incapacity due to ill-health and injury in the mining sector has been republished.

The mineral resources and energy department republished the guideline in Government Gazette 49059 in terms of the Mine Health and Safety Act of 1996.

The guideline was first published in Gazette 49046.

The guideline has been drafted to assist occupational medical practitioners, safety health and environment personnel and human resource officers in managing employees with medical incapacity in the South African mining industry.

The guideline “does not deal with individual medical conditions, but rather aims to formalise the basic principles of the management of employees with medical incapacity in order to ensure that a fair and consistent approach will be followed”.

The interpretation of the guideline should allow for the “unique operational circumstances of all mining operations, e.g. small mines, open cast mines, underground operations, beneficiation plants, condensation plants or smelters”.

The objective of the guideline 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 EEA”.

The guideline focuses on author’s guide; format and content of the mandatory code of practice; and implementation.

The guideline comes into effect on 1 October 2023.

In Notice 3740, the department republished the guideline for a mandatory code of practice for the selection and provision of personal protective equipment for women in the South African mining industry in terms of the act.

The guideline was first published in Gazette 49046.

The guideline is designed to provide guidance to the employer at every mine to compile a mandatory code of practice which would assist employers in providing suitable personal protective equipment (PPE) for women in mining (WIM) where required, and to train all employees on issues relating to PPE for WIM.

The guideline covers the “roles and responsibilities of the different persons, the selection and provision of PPE and the training requirements of all employees in respect of PPE for WIM”.

It applies to all mines.

The guideline comes into effect on 30 September 2023.

Both guidelines were republished as the first versions were unsigned.

Article sourced from Sabinet.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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