Legal Requirements

Occupational Health & Safety Act and Regulations; Act 85 0f 1993, Basic conditions of employment Act, and the Mine Health and Safety Act, act 29 of 1996. This Act is clear on the general duties of employers to their employees under section 8 (1) in that every employer SHALL provide and maintain, as far as reasonable practicable, a working environment that is safe and without risk to the health of his employees.

Section 3(b) of the basic conditions of employment act is clear in that employees to undergo a medical examination, for the account of the employer, concerning hazards in the workplace;(b)(1) before the employee starts, or within a reasonable period of the employee starting, such work,(b)(2) at appropriate intervals while the employee continues to perform such work. The HCS regulations 7(1)(a; b; c) and (2)(a)(1;2;3) clearly calls for a medical surveillance program and a certificate of fitness as prescribed in the definitions of this act.

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The construction regulations are also clear in that each employee should undergo a medical examination in order to obtain a certificate of fitness. The Hazardous Biological Agent regulations 8(1)(a &b) ; the Lead regulations 8(1) (a; b &c) and the Asbestos regulations 9(1) & (2)also calls for a medical surveillance program. The Noise Induce Hearing loss Regulations; regulation 8, requires the employer to conduct hearing tests according to noise exposure in the workplace. Regulation 15 of the mine health and safety act calls for a medical surveillance program and annual medical reports (regulation 16)

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Remember ignorance of the law is no excuse, non compliance to these acts or part of these acts could lead to fines up to R200,000 or imprisonment.