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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Occupational Diseases in Mines and Works Act, No. 78 of 1973

Long title


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.

Table of contents

SECTION TITLE
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. [...repealed by Act 1993_208_004]
8. Annual report by director
CHAPTER II. CONTROL IN RESPECT OF MINES AND WORKS AND DETERMINATION OF RISK
9. Existing control to continue
10. Declaration as controlled mine or controlled works
11. Cancellation of control
12. Ad hoc application of provision of Act
13. Risk work
14. [...repealed by Act 1993_208_014]
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
CHAPTER III. CERTIFICATES OF FITNESS, AND MEDICAL OR OTHER EXAMINATIONS
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 examination and services
36. Cost of medical examinations
36A. Medical expenses [...inserted by Act 1993_208_011]
36B. Medical aid provided by owners [...inserted by Act 1993_208_011]
36C. Arrangements regarding certain compensation [...inserted by Act 1993_208_011]
37. Medical practitioner and a person examined entitled to fee or costs under certain circumstances
38. [...repealed by Act 1993_208_012]
CHAPTER IV. CERTIFICATE OF COMPENSATABLE DISEASE
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. Certification committee may reconsider and alter own findings
48. Notice of finding of certification committee
49. Effective date of finding of certification committee
50. Review of finding by reviewing authority
51. Joint meeting of certification committee and reviewing authority
52. Review by joint meeting
53. [...repealed by Act 1993_155_016]
CHAPTER V. COMMISSIONER, ADVISORY COMMITTEE AND COMPENSATION FUND
54. Appointment of commissioner and staff
55. Power of commissioner to enter upon premises and obtain information
56. Commissioner may delegate powers
57. [...repealed by Act 1993_208_017]
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. Interest on amount in arrears
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. Payment 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 [...inserted by Act 1993_208_022]
  CHAPTER VI. COMPENSATION GENERALLY [...Title amended by Act 1993_208_023]
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
80A. Manner of calculating earnings of persons performing risk work [...inserted by Act 1993_208_027]
80B. Manner of calculating earnings of persons no longer performing risk work [...inserted by Act 1993_208_027]
81. Unpaid benefits at death of beneficiary
82. [...repealed by Act 1993_208_029]
83. Benefits to widows of pensioners and widows entitled to pension
84. [...repealed by Act 1993_208_031]
85. [...repealed by Act 1993_208_031]
86. [...repealed by Act 1993_208_031]
87. [...repealed by Act 1993_208_031]
88. [...repealed by Act 1993_208_031]
89. [...repealed by Act 1993_208_031]
90. [...repealed by Act 1993_208_031]
91. [...repealed by Act 1993_208_031]
92. [...repealed by Act 1993_208_031]
93.  [...repealed by Act 1993_208_031]
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
.
SECTION TITLE
101. Special awards, and allowance in respect of permanent attendant
102. [...repealed by Act 1993_208_035]
103. Commissioner may demand proof of continuance of right to benefit
104. Recovery by commissioner of amount wrongly paid
105. Arrangements by commissioner for payment of benefits on his behalf
105A. Amendment of Act by Minister so as to increase benefits [...inserted  by Act 1993_208_036]
CHAPTER VII. COMPENSATION TO BLACK PERSONS
106. [...repealed by Act 1993_208_037]
107. [...repealed by Act 1993_208_037]
108. [...repealed by Act 1993_208_037]
109. [...repealed by Act 1993_208_037]
110. [...repealed by Act 1993_208_037]
111. [...repealed by Act 1993_208_037]
112. [...repealed by Act 1993_208_037]
113. [...repealed by Act 1993_208_037]
114. [...repealed by Act 1993_208_037]
115. [...repealed by Act 1993_208_037]
116. [...repealed by Act 1993_208_037]
117. [...repealed by Act 1993_208_037]
118. [...repealed by Act 1993_208_037]
119. [...repealed by Act 1993_208_037]
CHAPTER VIII. GENERAL
120. Research and special medical treatment
121. Regulations
122. Minister to table annual reports
123. Minister may delegate powers
124. Offences by persons generally
125. Offences by holder of certificate of fitness
126. Offences by owner, or person in control of, controlled mine or works, or contractor
127. Offences by medical practitioner
128. [...repealed  by Act 1990_117_004]
129. Notice, demand, direction or payment y registered post
130. Exemption from certain taxes and duties
131. Benefits and service gratuity free from attachment
132. [...repealed by Act 1993_208_041]
133. Service gratuity payable to certain persons
134. State to bear costs of administration of Act
135.  [...repealed  by Act 1993_208_042]
136. Repeal of laws
137. Short title and commencement
Sch. SCHEDULE. LAWS REPEALED
.
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