Klass Looch Associates

Employer OHS Champion since 1986

I thought it appropriate to point out a significant departure from the (previous) COID Act since the COID Amendment Act 2022 has been signed into law.

This amendment will impact significantly on COIDA claims which previously resorted within the RAF ambit where employees were injured in motor vehicle accident in the course of their employment.

Previously only transportation to and from work in a vehicle driven by the employer was covered by COIDA.

‘accident’ means an incident or occurrence arising out of and in the course of an employee’s employment and resulting in a personal injury, illness, occupational disease or the death of the employee;’’.

Section 22(5) ‘For the purposes of this Act the conveyance of an employee free of charge to or from his place of employment for the purposes of his employment by means of a vehicle driven by the employer himself or one of his employees and specially provided by his employer for the purpose of such conveyance, shall be deemed to take place in the course of such employee's employment’.

The amendment broadens COIDA cover considerably and now reads as follows:

Section 22(5) ‘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’.

22(6) ‘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’.

Oddly section 22(3) now has been amended to include compensation for injuries caused by wilful misconduct whereas previously compensation would be limited to disablement and death if injuries were intentional.

This could result in employees purposely injuring themselves in order to receive compensation!

The COID Amendment Act 2022
Section 22(3) Notwithstanding that an accident is attributable to the serious and wilful misconduct of the employee, compensation shall be payable in terms of this Act.

Previous COIDA Provision.
Section 22. Right of Employee to Compensation
(3)(a) If an accident is attributable to the serious and wilful misconduct of the employee, no compensation shall be payable in terms of this Act, unless -
(i) the accident results in serious disablement; or
(ii) the employee dies in consequence thereof leaving a dependant wholly financially dependent upon him.

NOTICE ISSUED INFORMING EMPLOYERS OF COIDA COMPLIANCE AND INTENTIONS TO CONDUCT EMPLOYER COIDA AUDITS AND EMPLOYER SITE VISITS

Compensation for Occupational Injuries and Diseases Act and Regulations (130/1993)

The Director General of Employment and Labour, hereby in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No 130 of 1993) as amended issued the following Notice:

a) Section 80 of the COID Act requires all employers, who are operating a business with one or more employees, to register with the Compensation Commissioner and to provide all particulars in connection thereof;

b) Section 81 of the Act requires employers to keep records of earnings and particulars of employees, and to produce such upon request;

c) Section 82 of the Act requires all employers to furnish the Commissioner with an accurate Return of Earnings on an annual basis;

d) Section 83 of the Act indicates that the Director General shall assess an employer according to a tariff on the basis of a percentage of annual earnings.

Failure to comply with the prescripts of the COID Act constitutes an offense in terms of this legislation.

Based on the above prescripts, notice is hereby given, that the Compensation Fund will embark on employer engagements, site visits and audits in establishing effective registration and compliance to the COID Act. Employers, both registered and unregistered, including domestic employers are hereby encouraged to ensure effective registration and compliance with the Compensation for Occupational Injuries and Diseases Act; and are informed to expect site visits and audits by representatives of the Compensation Fund.

Enquiries in this regard can be made through the CF Call Centre at 08600 105 350 / 0800 32 1322 or CFCallCentre@labour.gov.za