1 Copyright Cameron Cross Inc. OCCUPATIONAL DISEASES IN MINES AND WORKS ACT. 78 OF 1973. as amended by OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 27 of 1974. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 67 of 1974. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 45 of 1975. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 117 of 1977. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 30 of 1978. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 83 of 1979. Pension Laws Amendment Act, No. 123 of 1984. (with effect from 1 October, 1984). Pension and Related Matters Amendment Act, No. 105 of 1985. (with effect from 1 October, 1984). Pension Laws Amendment Act, No. 89 of 1988. (with effect from 1 April, 1990). Pension Laws Amendment Act, No.
2 117 of 1990. (with effect from 13 July, 1990). OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 137 of 1991. OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 208 of 1993. Mine Health and Safety Act, No. 29 of 1996. Abolition of Restrictions on the Jurisdiction of Courts Act, No. 88 of 1996. (with effect from 22 November 1996). OCCUPATIONAL DISEASES in MINES and WORKS Amendment Act, No. 60 of 2002. Government Notice R1249 / GG 32845 / 20091228. GENERAL NOTES. Section 99 of Act No. 29 of 1996 substitutes the expression Chief Inspector as contemplated in the Mine Health and Safety Act, 1996 for the expression Government Mining Engineer , wherever it occurs in this Act. Schedule 5 to Act No. 29 of 1996 suspends the application of certain sections and limits the application of certain other sections of this Act.
3 In terms of section 4 of Act No. 60 of 2002, the expressions in the principal Act are amended by . (a) the addition of or she after the expression he , wherever it appears;. Copyright Cameron Cross Inc. (b) the addition of or her after the expression him , wherever it appears; and (c) the addition of or herself after the expression himself wherever it appears, unless the context indicates otherwise. REGULATIONS. Regulations relating to the basis on which owners of controlled MINES and controlled WORKS shall pay amounts in respect of risk shifts worked GNR 1338 of 23 October 1998. Regulations GNR 1813 of 5 October 1973. Increase of certain benefits GNR 1165 of 8 October 1999. Increase of levies GNR 227 of 17 March 2006. Increase of Levies GNR 1009 of 26 October 2007. Increase of Levies GNR 1131 of 04 December 2009.
4 Amendment of Amounts to Increase Benefits GNR 285 of 16 April 2010. Increase of levies GNR 598 of 22 July 2011. Copyright Cameron Cross Inc. ACT. To consolidate and amend the law relating to the payment of compensation in respect of certain DISEASES contracted by persons employed in MINES and WORKS and matters incidental thereto. ARRANGEMENT OF SECTIONS. 1. Definitions CHAPTER I. BUREAU, DIRECTOR AND STAFF. 2. Establishment of bureau 3. Appointment of director, medical officers and other staff of bureau 4. Functions of director 5. Powers of director to enter upon places, perform tests and carry out inspections or investigations 6. Powers of director to demand information 7.. 8. Annual report by director CHAPTER II. CONTROL IN RESPECT OF MINES AND WORKS , AND DETERMINATION OF RISK. 9. Existing control to continue 10.
5 Declaration as controlled mine or controlled WORKS 11. Cancellation of control 12. Ad hoc application of provision of Act 13. Risk work 14.. 15. Prohibition of performance of risk work at controlled mine or WORKS without a certificate of fitness 16. Register of persons performing risk work at controlled mine or WORKS 17. Closure of controlled mine or WORKS or alienation of assets by owner 18. Establishment and constitution of risk committee 19. Powers of chairman of risk committee to enter upon premises, conduct investigations or obtain information 20. Determination of risk of controlled mine or WORKS 21. Review and alteration or redetermination of risk 22. Notice of determination, alteration or redetermination of risk Copyright Cameron Cross Inc. CHAPTER III. CERTIFICATES OF FITNESS, AND MEDICAL AND OTHER EXAMINATIONS.
6 23. Certificate of fitness 24. Medical examination of person on mine or WORKS becoming controlled mine or WORKS 25. Periodical medical examination for renewal of certificate of fitness 26. Interim examination of holder of certificate of fitness 27. Procedure where presence of compensatable disease is suspected 28. Procedure where certificate of fitness has lapsed 29. Limited certificate of fitness 30. Restrictions on issue of certificate of fitness in certain cases 31. Director may require certain persons to undergo medical examination 32. Application for medical examination for compensatable disease 33. Report by medical practitioner on person who has worked at mine or WORKS 34. Duties of medical practitioner in regard to post-mortem examination or service 35. Arrangements for post-mortem examinations and services 36.
7 Cost of medical examinations 36A. Medical expenses 36B. Medical aid provided by owners 36C. Arrangements regarding certain compensation 37. Medical practitioner and a person examined entitled to fee or costs under certain circumstances 38.. CHAPTER IV. CERTIFICATION OF COMPENSATABLE DISEASES . 39. Establishment and constitution of certification committee 40. Establishment and constitution of reviewing authority 41. Conditions of service of member of certification committee or reviewing authority 42. Powers of chairmen of certification committee and reviewing authority 43. Standards for certification of compensatable DISEASES 44. Degrees of compensatable DISEASES 45. Director to submit certain medical and post-mortem reports to certification committee 46. Certification committee to determine presence, nature and degree of compensatable disease 47.
8 Certification committee may reconsider and alter own finding 48. Notice of finding of certification committee 49. Effective date of finding of certification committee 50. Review of finding by reviewing authority Copyright Cameron Cross Inc. 51. Joint meeting of certification committee and reviewing authority 52. Review by joint meeting 53.. CHAPTER V. COMMISSIONER, ADVISORY COMMITTEE AND COMPENSATION FUND. 54. Appointment of commissioner and staff 55. Powers of commissioner to enter upon premises and obtain information 56. Commissioner may delegate powers 57.. 58. Supreme Court rulings 59. Establishment and constitution of advisory committee 60. Consultation by commissioner 61. Establishment and management of compensation fund 62. Amounts payable by owner of controlled mine or WORKS 63. Amounts payable by owner of controlled mine or WORKS for research 64.
9 Interest on amount in arrear 65. Penalty for failure to pay amount due 66. Recovery of amount due 67. Commissioner to keep certain separate accounts 68. Commissioner to make certain adjustment between accounts 69. State Account 70. MINES Account 71. WORKS Account 72. Payments from State Account, MINES Account or WORKS Account according to circumstances 73. Research Account 74. Minister to make good certain losses in and payments from the compensation fund 75. Investments of moneys by commissioner 76. Records and accounts of compensation fund 77. Records and annual report of commissioner 77A. Actuarial valuation and services CHAPTER VI. COMPENSATION GENERALLY. 78. Application for and award of benefits 79. Benefits to person (excluding widow) who received pension under previous Act 80. Benefits payable after fixed date Copyright Cameron Cross Inc.
10 80A. Manner of calculating earnings of persons performing risk work 80B. Manner of calculating earnings of persons no longer performing risk work 81. Unpaid benefits at death of beneficiary 82.. 83. Benefits to widows of pensioners and widows entitled to pension 84.. 85.. 86.. 87.. 88.. 89.. 90.. 91.. 92.. 93.. 94. Payment of, and interest on, benefits awarded 95. Gratuity payable on remarriage of widow entitled to pension 96. Death of beneficiary 97. Pensioner becoming permanent inmate of State institution 98. Cessation of pension to widow who remarries 99. Where disease not due exclusively to work or risk work at mine or WORKS 100. No person entitled to benefits from more than one source in respect of same disease 101. Special awards, and allowance in respect of permanent attendant 102.. 103. Commissioner may demand proof of continuance of right to benefit 104.