CRS News Flash 25 April 2023 – SOUTH AFRICA – Amendment of the COID Act

Compensation for Occupational Injuries and Diseases Amendment Act, 10 of 2022

On 6 April 2023 the President of South Africa assented to the amendment of the Compensation for Occupational Injuries and Diseases Act (COIDA).

The Compensation for Occupational Injuries and Diseases Amendment Act, 2022, was published on 17 April 2023 in Government Gazette No. 48431.

The original Bill was tabled in Parliament in September 2020. The national assembly (NA) passed the bill and sent it to the national council of provinces for concurrence in September 2021. Thereafter, the Compensation for Occupational Injuries and Diseases Amendment Bill was passed by Parliament and sent to President Ramaphosa for assent in September 2022.

The Act introduced the concept of a multi-disciplinary employee-based process in which employee rehabilitation, reintegration and return to work processes must be undertaken by employers for employees who suffer occupational injuries or disease.

The Act also changed the previous definition of an “employee” to include domestic workers. Previously, domestic workers and gardeners were not included in the definition of an employee in the COID Act and could only claim against the Unemployment Insurance Fund.

The Act amends the Compensation for Occupational Injuries and Diseases Act, 1993, so as to:

·        Amend, substitute, insert, delete and repeal certain definitions and sections;

·        Provide for matters pertaining to the board and its members;

·        Provide for the commissioner to perform certain functions that were previously performed by the director-general;

·        Further provide for matters pertaining to the rehabilitation, reintegration and return to work of occupationally injured and diseased employees;

·        Regulate the use of health care services;

·        Provide for the commissioner to review pension claims or awards;

·        Provide for administrative penalties;

·        Regulate compliance and enforcement; and

·        Provide for matters connected therewith.