Medical adjudication

Consulting services

What is meant by medical adjudication?

This refers to circumstances where an employee with health issues requires important decisions (“judgements”) to be made, impacting their work.

Three scenarios that may warrant the opinion of an occupational medicine specialist include:

  • Complex cases of medical fitness to work (eg a vocational driver with a complex neurological disorder)
  • Complex cases of possible occupational disease (eg a worker with a possible allergy to a biological agent, or cases of possible occupational cancer)
  • Complex cases of incapacity/disability (eg where there are disputes about the medical evidence or the process followed)

What is meant by medical fitness to work?

An employee is medically fit to work when the employee has no physical or mental impairments that adversely impact the employee’s ability to perform the inherent task requirements of the job safely, and to the required standard, within the working conditions associated with the job.

See illustrative image below:

OH Specialist

Contact us

We would love to hear from you. If you would like to get hold of us, contact us via the button below.

Contact

Our Services
Consulting Services
Training
OH Systems

Back to Consulting

What is meant by occupational disease?

An occupational disease is an impairment of the normal structure or function of a body part or system that is manifested by symptoms and/or signs, and which is attributed to (caused by) exposure to a workplace hazard, either entirely or in part.

These causal links may be:

  • Contributory (eg COAD: Smoking + dust)
  • Aggravation of a pre-existing disorder (eg asthma or eczema).

To determine the presence of an occupational disease, consider: (this step is called case investigation and is conducted by the OH team)

  • Is there exposure to a known cause of the illness (Hazard x Exposure = Risk)?
  • Is the timing + disease onset appropriate?
  • Is there an improvement on removal from exposure?
  • Have you excluded known non-occupational causes of the illness?

If a clinical diagnosis of an occupational disease is made, the following must happen:

Investigation

The employer must initiate an incident investigation, the purpose being to determine the root cause for the incident, so as to implement corrective actions (a legal requirement)!

If the incident investigation confirms the presence of an occupational disease, line management shall seek ways to reduce the exposures by implementing the hierarchy of controls, as applicable – namely:

  • Hazard substitution or elimination
  • Engineering Solutions (isolation & ventilation)
  • Administrative Solutions (job rotation, safe work procedures, hazard communication, etc.)
  • Training and education
  • Personal Protective Equipment

OHN shall initiate measures to identify employees from similar exposure profiles that may also have acquired the occupational disease.

Communication

The medical team shall communicate the results of the medical screen to:

  • The affected employee (feedback form)
  • The employer (certificate of fitness)
  • The Department of Labour (WCL documents & annexure 1 of the GAR)

All three of these are required by law (OH&SA sections 24 & 25, as well as Regulation 8(4)) of the General Administrative Regulations of the OHSA.

Compensation

If a compensable disease is diagnosed, the OHN & OMP shall complete the forms required for submission to the Offices of the Compensation Commissioner. These include the following basic set (others are applicable depending upon the circumstances):

  • The attending doctor completes WCL 22, 26, and parts of WCL 14.
  • The employer completes WCL 1, and parts of WCL 14.

The OHN shall coordinate the submission of these forms to the COID offices.

Re-Integration

The OMP shall conduct a “return to work assessment” on the affected employee prior to his return to work. This is done cognisant of the requirements of the jobs to which the employee is returning, ensuring he is fit for duty, thereby not endangering their own, or other’s health and safety.

Note:

This step ends with a return to work fitness assessment, to ensure that the employee with an occupational disease is suitable to return to his previous job.

Employee care:

  • If necessary, remove employee from ongoing exposure
  • If necessary, provide necessary medical therapy and rehabilitation
  • Establish a follow-up schedule to monitor the employee’s progress into the future

Occupational disease reporting:

  • Should an employee be found to be suffering from an occupational disease, (or even suspected of suffering from an occupational disease), it is required that the attending practitioner (nurse or doctor) notify the employee directly, the employer and the local offices Department of Labour (as prescribed by Section 25 in the Occupational Health and Safety Act).
  • This should be done regardless of whether or not the case is deemed to be compensable.

The image below illustrates the legal reporting obligations for the most common occupational disease, noise induced hearing loss.

Obligations