Compensation For Occupational Injuries And Diseases Amendment Act, 10 Of 2022

On 23 January 2026, proclamation notice 306 ("Proclamation Notice") was published in Government Gazette No. 53990 stipulating the commencement dates of sections of the Compensation for Occupational Injuries and Diseases Amendment Act, 2022 ("the Amendment Act").

The Amendment Act was published for general information purposes on 17 April 2023, in Government Notice No. 694 published in Government Gazette No. 48431.

In terms of paragraph (a) of the Proclamation Notice, all sections of the Amendment Act come into operation as at the date of the Proclamation (23 January 2026), except for section 1(g) and section 1(h) (insofar as it relates to subparagraphs (i)(ii), and (iii) of the definition of "employee"). In terms of paragraph (b) of the Proclamation Notice, sections 3 to 6 come into operation on 01 February 2026. Paragraph (c) of the Proclamation Notice stipulates that sections "...19(a) and (b), 20(c), 28(c), 36(1), 50(3), 52, 54(1) and (2)..." comes into operation on 01 April 2026. The Proclamation Notice is not clear and should for the sake of clarity have referred to both the section number of the Amendment Act and the number in the Proclamation Notice.

The Amendment Act includes a number of amendments. Some examples of amendments include the following:

• Section 1 (Definitions): The definition of "accident" means an incident or occurrence arising out of and in the course of an employee's employment and now specifically includes occupational disease. The definition of "occupational disease" has been amplified to include "post-traumatic stress disorder". No definition is provided for "post-traumatic stress disorder", however, in the context of the Amendment Act and the purpose therefore, the reference to "post-traumatic stress disorder" must be interpreted as meaning a disorder arising out of and during the scope of employment. The definition of "assessment" includes disablement and rehabilitation assessments. The definition of "compensation" has been expanded and now includes medical costs, constant attendance care allowance, and funeral costs. The Amendment Act also revises the definition of "employee" to include temporary employment services and domestic workers. Definitions have also been removed for certain terms including "chiropractor," "serious and wilful misconduct" and "mandator".
• Section 8 of the Amendment Act (amends section 16 of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 ("COIDA")): The monies in the Compensation Fund may also be applied to the rehabilitation of persons who have work-related injuries and occupational diseases; the provision of psychosocial support subsequent to occupational injury or occupational diseases (which forms part of clinical, vocational and social rehabilitation services); and the prescribed remuneration of Board members, the Commissioner and staff of the Compensation Fund.
• Section 11(b) of the Amendment Act (amends section 20(3) of COIDA): Section 20(3) of COIDA provides that the Director-General shall submit a copy of the balance sheet of the Compensation Fund to the Minister of Employment and Labour ("the Minister") who must table the same in Parliament within thirty days after receipt thereof. In terms of the Amendment Act, the Commissioner shall submit to the Minister the annual financial statement together with the annual report and other relevant documentation as provided for in section 55 of the Public Finance Management Act, 1 of 1999. It is no longer required that these documents are tabled with Parliament. This is most unfortunate as this tabling requirement provided a checks and balances system for proper governance and transparency of the Compensation Fund.
• Section 12 of the Amendment Act (amends section 22 of COIDA): Section 22(3) is amended to read as follows: "Notwithstanding that an accident is attributable to the serious and wilful misconduct of the employee, compensation shall be payable in terms of this Act."
  Section 22(5) deals with the conveyance of employees and is amended to read as follows: "For the purposes of this Act the conveyance of an employee by or on behalf of the employer to or from his or her place of employment or any place for the purposes of his or her employment by means of any mode of transportation in furtherance of the business of the employer, shall be deemed to take place in the course of such employee's employment."
  Section 22(6) has been added in COIDA and provides that conveyance "shall be deemed to commence once an employee reaches the place designated by the employer for pick-up and cease on drop-off at the place as so designated by the employer".
• Section 14 of the Amendment Act (amends section 25 of COIDA): The Amendment Act provides for the insertion of section 25(bA) which provides that an accident that occurs while an employee is "undergoing any work-related training in the furtherance and pursuance of the employer's business", shall be deemed to have arisen out of and in the course of his/her employment.
• Section 16 of the Amendment Act (amends section 30(1) of COIDA): Section 30(1) of COIDA is amended to provide that the Minister may issue a licence to a licensee (a legal person to whom a licence has been issued in terms of section 30). Section 63(2) of the Amendment Act provides that the "...validity of the existing licenses issued to the mutual associations in terms of the Act will remain effective until new agreements are entered into".
• Section 19(a) of the Amendment Act (amends section 39(6) of COIDA): Section 39(1) provides that an employer must within seven days after having received notice of an accident or having learnt in some other way thereof, report it to the Commissioner. The Amendment Act now provides that if an employer fails to comply with section 39(1) of COIDA, the employer "shall be liable to a penalty of 10 per cent of the actual or estimated annual earnings of that particular year". The wording of this new provision is not clear as it does not stipulate whether the penalty of 10% refers to the estimated annual earnings of the particular year in respect of all employees or only the employees involved in the accident. The 10% penalty provision also appears in other provisions of the Amendment Act (see in this regard section 20(c) of the Amendment Act (referring to section 40(3) of COIDA); section 50 of the Amendment Act (referring to section 81(3) of COIDA) and section 54 of the Amendment Act (referring to section 87(3) of COIDA). In terms of applicable rules of interpretation, a restrictive interpretation should be given to the wording favouring the employer. It can, therefore, be argued that the penalty should be interpreted to mean the estimated annual earnings of the employee/s involved in the accident and not all employees.
• Section 24 of the Amendment Act (amends section 44 of COIDA): Section 44 extends the prescription period for the lodgement of claims for benefits, which is twelve months after the date of the accident. It now provides that "...a right to benefits in terms of this Act shall lapse if the accident in question is not brought to the attention of the Commissioner within three years from the date of such accident."
• Section 59 of the Amendment Act (inserts Chapter XA - Section 93A to 93F): The provisions provide for the appointment of inspectors who are tasked to promote, monitor and enforce compliance with the provisions of COIDA (sections 93A and 93B). The functions and powers of the inspectors are comprehensive. Unfortuntely, the Amendment Act does not require that an inspector must have prescribed qualifications, nor any training to be appointed as such.
  • Section 93C provides that inspectors may enter a home or any other place only with the consent of the owner or occupier or authorization by the Labour Court.
  • Section 93D deals with the inspectors' powers to question and inspect and demand the production of documentation.
  • Section 93E(1) merely provides that any person who is being questioned must answer all questions truthfully and honestly. This section does not take into account that the person questioned should have the right not to incriminate himself/herself.
  • In terms of Section 93F(1), "(a)n inspector who has reasonable grounds to believe that an employer has not complied with a provision of this Act may issue a compliance order." In terms of section 93F(1)(d), the inspector may stipulate the maximum fine that may be imposed. Any fine will have to be imposed by the Commissioner.
    The employer is required to comply with a compliance order within the time period stipulated in the order (section 93F(4)) and the "... Commissioner may apply to the Labour Court for a compliance order to be made an order of court if the employee has not complied" (section 93G).
• Section 63 of the Amendment Act (Transitional Arrangements): Domestic employers and employees are required to report, or submit claims in the prescribed manner, within 3 (three) years from the date of commencement of the Amendment Act, "for any accident that had occurred prior to the commencement of this Act".

To view Proclamation Notice 306 in Government Gazette 53990, click here.

To view a copy of the Compensation for Occupational Injuries and Diseases Amendment Act, 2022, click here.

Employers are urged to familiarise themselves with the numerous amendments as set out in the Amendment Act. We are available to assist and advise with any queries in this regard.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.