Revisions to the Compensation for Occupational Injuries and Diseases Amendment Act, 2022 were published on the 17th April 2023 in Government Gazette number 48431.
Most importantly, this Act changes the previous definition of ‘employee’ to include domestic workers. Previously, domestic workers and gardeners were not included in the definition of ‘employee’ in the COID Act, and could only claim UIF benefits in terms of the Unemployment Insurance Fund.
The Act also introduces the concept of a multi-disciplinary employee-based process in which employee rehabilitation, re-integration and return to work processes must be undertaken by employers for employees who suffer from occupational injuries or disease.
It is important to note that the Act amends the existing legislation in the following areas:
- Amends, substitutes, insert, deletes and repeals certain definitions and sections
- Provides for matters pertaining to the board and its members
- Provides for the Commissioner to perform certain functions that were previously performed by the Director General
- Further provides for matters pertaining to the rehabilitation and integration of workers injured in the course of their occupation and acquiring a disease due to their occupation
- Regulates the use of health care services
- Provides for the Commissioner to review pension claims or awards
- Provides for administrative penalties
- Regulates inspection, compliance and enforcement
The effective date of implementation of this legislation is yet to be confirmed by President Ramaphosa, and will be done by a proclamation in the Government Gazette. When this happens, we will publish more information and will also be able to assist you with any COIDA queries.