On 23 January 2026, Proclamation Notice 306 appeared in Government Gazette No 53990, indicating the commencement dates of the various sections of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (Amendment Act / COIDAA).
TheRegulations covering the Rehabilitation and Return to Work, 2024.03.13 (remain indraft). (attached)
Operational dates
- Paragraph (a) of the aforesaid Proclamation Notice: all sections of the Amendment Act came into operation on the date of proclamation, namely, 23 January 2026, except for s1(g) and s1(h) (so applicable to some parts of the definition of ‘employee’).
- In terms of paragraph (b) of the Proclamation Notice, sections 3 to 6 became effective on 1 February 2026.
- In terms of paragraph (c) of the Proclamation Notice, s19(a), s19(b), s20(c), s28(c), s36(1), s50(3), s52, s54(1) and s54(2) will come into operation on 1 April 2026..
Key changes in the Act
- Revised definitions
- ‘Occupational disease’- now includes ‘post-traumatic stress disorder’ (PTSD).
- ‘Assessment’- includes disablement and rehabilitation assessments.
- ‘Compensation’ – now also includes medical costs, constant attendance care allowance and funeral costs.
- ‘Employee’ – has been expanded to include temporary employment services and domestic workers.
- Structural Shift: From Compensation Scheme → Disability & Work Reintegration System
- This is a significant attempt to improve the infrastructure supporting rehabilitation. Arguably very helpful to employers and employees alike.
- This has no immediate financial employer impact as Section 70 A provides thatthe Compensation Fund must provide facilities, services and benefits aimed at rehabilitating employees. But it remains to be seen if this infrastructural development comes to pass.
- Potential “new” Employer obligations under the future regulations
- Much reference is made in COIDAA and the draft Regs of the employer obligations to try to accommodate employees incapacitated by occupational injury or illness.
- But this isnot new - LRA Schedule 8 has placed a “more onerous” duty on employers to accommodate these employees for many years already.
- Employees Also Now Have Statutory Duties
- This balances the rights framework.
- But this is alsonot really new - reporting is an OHSA S 14 duty, and submitting to examination is a COIDA S 42 duty already.
- Expansion of “Employee” and Coverage
- It is hard to see how the inclusion of private households is going to be regulated.
- This does not affect the formal employment sector.
- PTSD
- Specific reference to PTSD does not really change anything – in fact it is probably a helpful amendment. PTSD has been part of the claims being submitted for several years already – there is even a regulation prescribing how it must be done.
- I don’t agree that it constitutes a “radical shift to mental health and psychological injury or illness”, as mentioned below.
- Conveyance of employees
- Hence, COIDA is applicable when an employee is transferred by or on behalf of the employer to or from his or her place of employment, or any other place for the purposes of his or her employment. This amendment must be read with the newly-introduced s22(6) of COIDA that provides that the said conveyance shall be deemed to commence once the employee reaches the place designated by the employer for pickup and ceases on drop-off at the place so designated by the employer.
- This has always been a part of the Act, but is now highlighted and clarified.
- Prescription Period Extended: 12 Months → 3 Years
- It is not entirely clear how much of an impact this will have. It encourages good record keeping.
- For occupational diseases this may be helpful, because of the latency period between exposure and diagnosis, and the challenge of establishing causation after the diagnosis. Nonetheless, the commencement of the occupational disease is from the date of diagnosis.
- New Inspectorate & Labour Court Enforcement Powers
- They may enter a home or any other place (only with the consent of the employer or occupier or authorised by the labour court).
- These powers include the power to question and inspect and demand the production of documentation.
- Again, this does not really change anything for the formal employment sector as these visits by the inspectors have already been happening.
- It remains to be seen how this may impact private households.
- Penalties
- Administrative penalties for late reporting of accidents: Failure to report an accident within 7 days can trigger a penalty of 10% of the actual or estimated annual earnings for that year.
- A penalty of 10% of the actual or estimated annual earnings for that year for a large employer is a lot of money. Employers must put systems in place to avoid delays in internal reporting which can delay onward reporting to the COID Offices.
- Increased Coverage
- Section 12 of the Amendment Act amends section 22 of COIDA, in that an accident that occurs whilst 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, such employment.
- In terms of the new s22(3), notwithstanding that an accident is attributable to the serious and wilful misconduct of the employee, compensation shall be payable in terms of COIDA, unless the accident results in serious disablement or the employee dies in consequence thereof, leaving a dependent wholly financially dependent upon him.
- Employers must be aware of these changes and submit such claims should these incidents occur.
