The Compensation for Occupational Injuries and Diseases Amendment Bill 2018

On 18 October 2018, the Minister of Labour, Mildred Nelisiwe Oliphant, published the proposed amendments in the Compensation for Occupational Injuries and Diseases Bill, 2018 (The COIDA Amendment Bill) for public comment.

Proposed changes that will be of importance to employers are the following:

  • The definition of an employee.
  • The definition of an employer.
  • The meaning of the Financial Year to be changed to the first day of April in any year and the last day of March in the following year (currently March to February).
  • The insertion of a definition for remuneration.
  • The provision for rehabilitation, re-integration and return to work of occupationally injured employees.
  • The provision for the regulation of the use of health care services.
  • The provision for the re-opening of claims.
  • Provision of criminal and administrative penalties.
  • The regulation of compliance and enforcement, and the provision for a no-fault based compensation system and matters connected therewith.
  • The replacement of the concept mandators to contractors and sub-contractors.
  • The inclusion of domestic workers.

To view the Government Notice, please follow the link:
https://www.gov.za/sites/default/files/41985_gon1133.pdf

At the same time, the Draft changes to the Regulations on the Compensation Fund New Assessment Model under the COID Act has also been published for public comment.

The main proposals are:

  • To reduce the existing 102 assessment subclasses to 5 main assessment classes to simplify the process of dealing with the Compensation Fund.
    The reason for this change is because the Compensation Fund assesses employers based on the industry they operate in and are assigned to a specific assessment class for the basis of determining their liability to the Fund. However, due to the different number of classes, employers often are registered in incorrect classes resulting in inaccurate collection and recording of the Compensation Fund’s financial performance. The current classes also contribute fraudulent conduct by different stakeholders who may not want to pay the assessment fees related to the industry in which the employer operates.
  • A new assessment class for Households has been introduced.

To view these Regulations, please follow this link:
https://www.gov.za/sites/default/files/41984_gon1132.pdf

Contact our legislation team at info@crs.co.za if you require any additional information.

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