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Chapter 15:08

Pneumonoconiosis Act

Act 13/1971, 42/1976 (s. 36), 30/1977, 38/1978, 37/1983, 28/1991, 22/1992 (s. 13), 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

ESTABLISHMENT OF PNEUMONOCONIOSIS BOARD: DUTIES AND POWERS

  1. Establishment of Pneumonoconiosis Board.
  2. Composition of Board.
  3. Conditions of office of appointed members of Board.
  4. Disqualification for appointment as member of Board.
  5. Vacation of office by appointed member of Board.
  6. Minister may require appointed member to vacate office or may suspend him.
  7. Filling of vacancies among appointed members.
  8. Meetings and decisions of Board.
  9. Validity of decisions and acts of Board.
  10. Functions and duties ofBoard.
  11. Summoning and examining of witnesses by Board.

PART III

ESTABLISHMENT OF MEDICAL BUREAU: FUNCTIONS, DUTIES AND POWERS

  1. Establishment of Medical Bureau.
  2. Procedure of Bureau.
  3. Duties and functions of Bureau.
  4. Decision of Bureau to be binding.
  5. Appointment of approved medical practitioners.

PART IV

ESTABLISHMENT OF MEDICAL BOARD OF APPEAL: FUNCTIONS, DUTIES AND APPEALS

  1. Establishment of Appeal Board.
  2. Appeals from decision of Bureau.
  3. Reference to Appeal Board.

PART V

ISSUE OF CERTIFICATES TO WORKERS

  1. Prohibition of employment of workers suffering from pneumoconiosis.
  2. Prohibition of employment of workers who do not hold certificates.
  3. Minister may prescribe medical examinations and standards of fitness.
  4. Types of certificates.
  5. Application for certificates.
  6. Issue of initial certificate.
  7. Issue of periodical certificates.
  8. Further medical examinations.
  9. Loss of certificate.
  10. Cancellation of Bureau certificate.
  11. Re-examination upon certificate issued by medical practitioner.

PART VI

REGISTER OF EMPLOYEES

  1. Register of employees.

PART VII

GENERAL PROVISIONS RELATING TO BENEFITS

  1. Application for benefits.
  2. Determination of monthly wages.
  3. Variation of benefits and reconsideration of claims.
  4. Recovery of benefits paid in error.
  5. Benefits not to be assigned.
  6. Rights of pensioners and their dependants under Silicosis Act preserved.
  7. Agreements with other governments.
  8. Pensions not to be duplicated.
  9. Disposal of unexpended benefits.

PART VIII

GENERAL

  1. Benefits in respect of worker suffering from pneumoconiosis.
  2. Continued payment of benefits due before fixed date.
  3. Transfer of assets and liabilities.
  4. Staff of Board and Bureau.
  5. Lungs and heart to be sent to Bureau.
  6. Workers to submit themselves to medical examinations.
  7. Travelling and subsistence allowances.
  8. Appointment of inspectors.
  9. Rights of entry and inspection.
  10. Person with tuberculosis not to enter premises where dusty occupation carried on.
  11. 54. [Repealed.]
  12. Savings.

AN ACT to provide for the control and administration of persons employed in dusty occupations; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st August, 1971.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Pneumonoconiosis Act [Chapter 15:08].

                       2    Interpretation

(1) In this Act—

“Appeal Board” means the Medical Board of Appeal established in terms of section nineteen;

“appointed member of the Board” means a member of the Board appointed in terms of paragraph (a), (d) or (e) of subsection (1) of section four;

“approved medical practitioner” means a person appointed in terms of section eighteen;

“Board” means the Pneumonoconiosis Board established in terms of section three;

“Bureau” means the Medical Bureau established in terms of section fourteen;

“certificate” means an initial certificate or a periodical certificate or a duplicate of such certificate issued in terms of this Act;

“certification” means certification by the Bureau that a person has suffered or is suffering from pneumoconiosis or from pneumoconiosis with tuberculosis;

“child” means any person who is unmarried and under the age of nineteen years and who is—

  • a son or a daughter;
  • a step-child;
  • a child adopted under the law in force in the place of adoption; and includes any such person who is unmarried and is over the age of nineteen years and is, in the opinion of the Board, unable by reason of mental or physical disability or other cause to earn sufficient income for his or her proper maintenance;

“Compensation Fund” means the Workers’ Compensation Insurance Fund referred to in the Scheme or such other fund as may replace it under that or any other scheme; “dependant” means—

  • a widow;
  • any child as defined in this section, any unmarried posthumous or illegitimate son or daughter who is under the age of nineteen years and any unmarried posthumous or illegitimate son or daughter who is over the age of nineteen years and is, in the opinion of the Board, unable by reason of mental or physical disability or other cause to earn sufficient income for his or her proper maintenance;

“dusty occupation” means—

  • in relation to work in Zimbabwe, work in or on a mining location or any other area which is— (i) below the natural surface of the earth; or
    • on or above the natural surface of the earth on a place where rock, stone, ore or any mineral is ordinarily reduced in size or classified by any dust-producing process; or
    • at any place where tailings or residues, other than in liquid form, are deposited; or
    • at a place where drills are sharpened; or
    • in a building provided for the purpose of enabling workers to change their clothes; or
    • at a place where ground rock, stone, ore or mineral is manipulated for the purpose of assaying it; or
    • specially declared by the Minister, by notice in writing to the employer of persons engaged therein, to be a dusty occupation; or
    • generally declared by the Minister, by statutory instrument, to be a dusty occupation;
  • in relation to work outside Zimbabwe, any work which, in the opinion of the Board after consultation with the Bureau, could cause or aggravate pneumonoconiosis;

“fixed date” means the 1st January,1979;

“Fund” means the Pneumonoconiosis Fund in existence immediately before the fixed date;

“mining location” means a defined area of ground in Zimbabwe in respect of which mining rights or rights in connection with mining may have been acquired under any law relating to mines and minerals, but does not include any mining location which the Minister has, by statutory instrument, declared to be an exempted mining location;

“Minister” means the Minister of Public Service, Labour and Social Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“monthly wages”, in relation to a worker, means monthly wages determined in terms of section thirty-five;

“pneumonoconiosis” means any disease of the respiratory organs due to the inhalation of mineral dust and, for the purposes of this Act, a person shall be deemed to be or to have been suffering from pneumonoconiosis in the—

  • first stage when the Bureau has found that the first specific signs of pneumonoconiosis detected by any means whatsoever are or were present in the lungs of the person in question and that his ability to perform manual work has been reduced as a direct result of the presence of such pneumonoconiosis by not more than twenty per centum;
  • second stage when the Bureau has found that specific signs of pneumonoconiosis are or were present in the lungs of the person in question and that his ability to perform manual work has been reduced as a direct result of the presence of such pneumonoconiosis by more than twenty per centum but less than fifty per centum;
  • third stage when the Bureau has found that specific signs of pneumonoconiosis are or were present in the lungs of the person in question and that his ability to perform manual work has been reduced as a direct result of the presence of such pneumonoconiosis by more than fifty per centum but less than seventy-fiveper centum;
  • fourth stage when the Bureau has found that specific signs of pneumonoconiosis are or were present in the lungs of the person in question and that his ability to perform manual work has been reduced as a direct result of the presence of such pneumonoconiosis by more than seventyfive per centum;

“repealed Act” means the Pneumoconiosis Act [Chapter 166 of 1963];

“standards of fitness” includes matters relating to physical and mental development, health and age;

“Scheme” means—

  • the Accident Prevention and Workers’ Compensation Scheme established in terms of section 3 of the National Social Security Authority Act [Chapter 17:04], and published in Statutory Instrument 68 of 1990; or
  • any scheme declared in terms of subsection (2) to be the Scheme for the purposes of this Act;

“tuberculosis” means tuberculosis of the respiratory organs and a person shall, for the purposes of this Act, be deemed to be suffering from tuberculosis if the Bureau has found— (a) such person’s sputum to contain tubercle bacilli; or

(b)            such person to be suffering from “closed” tuberculosis which seriously impairs his working

capacity;

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