occupational disease in mines and works amendment bill 03 september 2002 parliament

OCCUPATIONAL DISEASE IN

MINES AND WORKS AMENDMENT BILL

03 SEPTEMBER 2002

PARLIAMENT

OCCUPATIONAL DISEASES IN MINE AND WORKS(ODMWA)

AMENDMENT• PURPOSE: TO AMEND THE OCCUPATIONAL

DISEASE IN MINE AND WORKS ACT, 1973 SO AS TO PROVIDE FOR THE INCREASE OF THE PERIOD WITHIN WHICH THE DIRECTOR OF THE MIIEDICAL BUREA FOR OCCUPATIONAL DISEASES(MBOD) MAY REFUSE AN APPLICATION FOR MEDICAL EXAMINATION OF A PERSON WHO HAS WORKED IN A MINE, FROM 6 TO 24 MONTHS;AND TO PROVIDE FOR MATTERS INCIDENTAL THERETO.

ODMWA AMENDMENT BILL

• AMENDMENT OF SECTION 32 OF ACT 78 OF 1973.(PRINCIPAL ACT) NEW POSITION:SECTION 32(3) OF THE PRINCIPAL ACT IS AMENDED BY EXTENDING THE PERIOD FROM 6 TO 24 MONTHS. REASON:DISEASES THAT COMPENSATED IN TERMS OF ODMWA ARE OCCUPATIONAL LUNG AND HEART DISEASES THAT HAVE BEEN ACQUIRED DUE TO EXPOSURE TO RISK WORK IN THE MINES AND WORKS.

ODMWA AMANDMENT BILL

• EXCEPT FOR TB, ALL THE OTHER LUNG AND HEART DISEASES TAKE LONG TO DEVELOP AND CHANGE THE ABILITY OF AN INDIVISUAL TO PERFORM WORK.

• OCCUPATIONAL DISEASES THAT ARE CURRENTLY COMPENSATABLE IN TERMS OF THE PRINCIPAL ACT ARE:


• PNEUMOCONIOSIS; THIS IS A COLLECTIVE NAME FOR SILICOSIS, ASBESTOSIS, COAL WORKERS AND MIXED DUST PNEUMOCONIOSIS. THESE DISEASES WILL DEVELOP 10 TO 20 YEARS AFTER EXPOSURE TO THE DUSTS THAT COURSE THEM.


• TB ATTRIBUTABLE TO RISK WORK.• PERMANENT OBSTRUCTIVE AIRWAY

DISEASE DUE TO RISK WORK.(SMOKING IS NOT TAKEN INTO CONSIDERATION)

• PROGRESSIVE SYSTEMIC SCLEROSIS A COMPLICATION OF SILICOSIS

• LUNG CANCER DUE TO OCCUPATIONAL EXPOSURE

• MESOTHELIOMA CANCER DUE TO ASBESTOS EXPOSURE

• PLATINUM SALT SENSITIVITY

0DMWA AMENDMENT BILL

• THE WORLD HEALTH ORGANISATION (WHO) RECOMMENDATIONS FOR HEALTH SCREENING AND PUBLIC HEALTH SURVEILLANCE OF WORKERS EXPOSED TO ASBESTOS OR SILICA SUGGEST THAT SURVEILLANCE SHOULD BE DONE EVERY 2 TO 3 YEARS. REASON BEING THAT,


• a) THESE DISEASES HAVE A SLOW PROGRESSION.

• b) THE FACT THAT LUNG DISEASES ARE DIAGNOSED BY X-RAYS.IT IS KNOWN THAT, THE FREQUENT USE OF X-RAYS NEGATIVELY AFFECTS A PERSONS HEALTH.

ODMWA AMENDMENT BILL• AMENDMENT OF SECTION 36A(1) NEW

POSITION:THIS SECTION IS AMENDED TO PROVIDE THAT THE OWNER OF A MINE OR WORKS SHALL FOR A PERIOD OF NOT MORE THAN TWO YEARS FROM THE DATE OF COMMENCEMENT OF AN OCCUPATIONAL COMPENSATABLE DISEASE PAY THE REASONABLE COSTS INCURRED BY, OR ON BEHALF OF A PERSON IN HIS OR HER SERVICE AT THE COMMENCEMENT OF A COMPENSATABLE, IN RESPECT OF MEDICAL AID NECESSITATED BY SUCH DISEASES


• THE EXPRESSION ‘OR WHO WAS IN HIS OR HER SERVICE AT THE COMMENCEMENT OF A COMPENSATABLE DISEASE’ IS INSERTED TO ENSURE THAT EVEN IF A MINER LEAVES THE MINE OR WORKS WHERE HE CONTRACTED AN OCCUPATIONAL DISEASE, SUCH MINE OR WORKS SHOULD PAY THE REASONABLE COSTS FOR SUCH A PERIOD.

0DMWA AMENDMENT BILL• REASON: CURRENTLY IN TERMS OF SECTION

36A(1) AN OWNER OF A MINE OR WORKS ONLY HAS TO PAY FOR A PERIOD OF TWO YEARS FROM DATE OF COMMEMCEMENT OF THE OCCUPATIONAL LUNG DISEASE, THE REASONABLE COSTS INCURRED BY OR ON BEHALF OF A PERSON WHO CONTRACTED THE DISEASE IN THE MINE OR WORKS WHILE SUCH A PERSON IS IN HIS EMPLOYMENT. PROVISION IS MADE TO MAKE THE MINE OWNER FROM WHOM THE DISEASE WAS CONTRACTED TO PAY EVEN WHEN THE MINER HAS LEFT HIS MINE OR WORKS .


• AMENDMENT TO SECTION 124(1) OF THE PRINCIPAL ACT.

• NEW POSITION: SECTION 124(1) IS AMENDED BY INSERTING AN ADDITIONAL PARAGRAPH WHICH DETERMINES THAT A PERSON WHO IN EXCHANGE FOR SERVICES RENDERED IN RESPECT OF ASSISTANCE IN CLAIMING ANY BENEFIT OF THIS ACT, CHARGES A FEE OR A CLAIM RENUMERATION FROM A PERSON WHO IS CLAIMING SUCH BENEFITS IN TERMS OF THIS ACT, WHICH IS IN EXCESS OF 0.5%


• 0.5% OF THE BENEFIT AWARDED TO SUCH PERSON OR ANY AMOUNT STIPULATED BY THE DIRECTOR GENERAL, SHALL BE GUILTY OF AN OFFENCE.


• REASON:THIS PARAGRAPH IS INSERTED DUE TO PROBLEMS EXPERIENCED BY THE COMPENSATION COMMISSIONER WITH THE SO CALLED COMMUNITY REPRESENTATIVES AND ATTORNEYS WHO ASSIST PEOPLE IN CLAIMING BENEFIT IN TERMS OF THE ACT, AND END UP TAKING THE BULK OF THE MONEY AWARDED TO SUCH PEOPLE.


• FINANCIAL IMPLICATIONS: PUBLICATION COSTS ONLY.

• COMMUNICATION IMPLICATION: a) commencement of the amendment bill as an Act of Parliament being published in the Government Gazette and

• b) informing all stakeholders of the publication of the amendment bill as an Act.


• ORGANISATIONAL PERSONNEL IMPLICATIONS:NONE CONSULTATION: THE FOLLOWING PARTIES WERE CONSULTED.

• THE NATIONAL UNION OF MINE WORKERS(NUM)

• MINE WORKERS UNION• CHAMBER OF MINES• DEPT OF MINERALS AND ENERGY• COMPENSATION COMMISSIONER FOR

OCCUPATIONAL DISEASES.

occupational disease in mines and works amendment bill 03 september 2002 parliament

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