- Title
- Occupational medical examinations and labour law
- Creator
- Lapere, Jan Noel Romain
- Subject
- Employees -- Medical examinations -- South Africa
- Subject
- Labor laws and legislation -- South Africa
- Subject
- Medical screening -- South Africa
- Subject
- Industrial hygiene -- South Africa
- Date Issued
- 2003
- Date
- 2003
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- vital:11045
- Identifier
- http://hdl.handle.net/10948/302
- Identifier
- Employees -- Medical examinations -- South Africa
- Identifier
- Labor laws and legislation -- South Africa
- Identifier
- Medical screening -- South Africa
- Identifier
- Industrial hygiene -- South Africa
- Description
- South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
- Format
- iii, 114 leaves
- Format
- Publisher
- University of Port Elizabeth
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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