Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsPhysical Agents Regulations, 20248. Medical screening and medical surveillance |
| (1) | An employer must ensure that an employee is placed under a documented medical screening programme— |
| (a) | where the physical agent exposure risk assessment or review of such assessment indicates the need for the employee to be placed under medical screening; or |
| (b) | for a vulnerable employee, in which case the employer must obtain the opinion of an occupational medicine practitioner to determine whether it is necessary to conduct medical screening. |
| (2) | In the case where the employer has to conduct medical screening as contemplated in subregulation (1), the occupational medicine practitioner must consider if— |
| (a) | an employee has a health condition that makes the employee vulnerable to a physical agent; |
| (b) | an employee has a health condition that impacts the proper use of personal protective equipment; |
| (c) | there is an identifiable occupational disease or adverse health effect related to a physical agent; |
| (d) | there is a reasonable likelihood that the occupational disease or adverse health effect may occur under the particular exposure conditions of the employee’s work; and |
| (e) | there are valid techniques to diagnose indications of the occupational disease or adverse health effect, as far as is reasonably practicable. |
| (3) | Where the need for medical screening has been determined as necessary by the occupational medicine practitioner, the occupational medicine practitioner must specify requirements for medical screening, including— |
| (a) | an evaluation of an employee’s medical, occupational and exposure history; |
| (b) | the appropriate clinical examination and medical tests; and |
| (c) | the intervals at which medical screening must be conducted, appropriate to the health risks and health status of an employee. |
| (4) | The employer must ensure that the medical screening contemplated in subregulation (1)— |
| (a) | is carried out by an occupational health practitioner; and |
| (b) | includes— |
| (i) | an initial medical screening, as far as reasonably practicable, immediately before an employee commences employment; and |
| (ii) | subsequently, periodic medical screening at intervals recommended by the occupational medicine practitioner, but not exceeding 24-months. |
| (5) | After concluding medical screening, the occupational health practitioner must ensure that the employer is informed, in writing, of the outcome of an employee’s health evaluation if the outcome was normal. |
| (6) | The occupational medicine practitioner must notify the employer in writing by means of a medical certificate of fitness, and inform the employee accordingly, if— |
| (a) | the employee has a medical condition which— |
| (i) | prevents the wearing of personal protective equipment; or |
| (ii) | is likely to be aggravated by the exposures at that workplace; or |
| (b) | the medical screening identifies an adverse health effect caused by exposure to a physical agent at that workplace. |
| (7) | The employer must ensure that an exit medical screening is carried out by an occupational health practitioner on termination of an employee’s employment: Provided that a medical screening conducted within 6-months prior to the date of termination of employment shall be deemed to have fulfilled the requirements of an exit medical screening. |
| (8) | With respect to the medical certificate of fitness contemplated in subregulation (6), the certificate must indicate at least— |
| (a) | the recommendations pertinent to the employee’s fitness to perform the inherent requirements of the job; |
| (b) | the presence of an occupational disease, without including confidential medical information; |
| (c) | if any restrictions or conditions apply to any specified duties performed by the employee; and |
| (d) | the period for which any restrictions or conditions, as applicable, should be applied. |
| (9) | The employer must, as far as is reasonably practicable— |
| (a) | accommodate the conditions or restrictions recommended; and |
| (b) | only permit an employee who has been medically certified for restricted duties to return to normal duties if the employee has been certified fit for those duties by an occupational medicine practitioner. |
| (10) | An employer must establish, implement and maintain a documented system of medical surveillance, overseen by an occupational medicine practitioner, where medical screening has been determined necessary. |
| (11) | The medical surveillance contemplated in subregulation (10) must at least— |
| (a) | include an analysis of the screening results over time; and |
| (b) | use the results of subregulation (2) to identify the need for targeted exposure prevention in the workplace. |
| (12) | The employer must ensure that an employee provides written informed consent for inclusion in the— |
| (a) | medical screening; and |
| (b) | medical surveillance programme. |
| (13) | An employee may appeal any finding by an occupational medicine practitioner stipulated in the medical certificate of fitness to the Chief Inspector in writing within 60-days of receiving the certificate. |