Following the recent signing into law of the amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) 10 of 2022, the Compensation Fund (CF) will amongst others appoint new inspectors to enforce compliance as per the new Act. This was said at an advocacy session with employers held today, 7 December 2023 in Klerksdorp, North West Province.
Presenting the new amendments at the session, the Legal Officer from CF, Irish Lephoto, indicated that these Inspectors will be appointed by the CF Commissioner and their responsibilities will include among others, conducting inspections that would ensure compliance; investigating the complaints made to the Commissioner; Issue compliance orders; advise employees and employers of their rights and obligations.
Lephoto also pleaded with employers to cooperate with them as they execute the inspections as it will assist in avoiding unfavourable consequences that may include intervention by the Labour Court.
“These Inspectors will have powers of entry to any establishment as per the definition of the new Act in consultation with the owner to enforce the new law. These Inspectors will not be deployed to harass or punish you, they will be coming to assist you to comply with the labour laws, where you are lacking, they will assist you to comply", said Mr Lephoto.
New definitions for terms like "accident," "assessment," "compensation," "dependents," "employee," and "earnings" are among the amendments. Other changes include a shift in the appointment process for board members and a 36-month prescription period instead of a 12-month one for filing claims.
The rationale behind the amendment of the Act is to mainly provide improved governance of the Board; allow Commissioner to perform some of the functions that were previously performed by the Director-General, introduce the new programme that has been formalised in legislation called rehabilitation, re-integration and return to work of occupationally injured and deceased employees; the regulation of third parties who would like to transact with the Fund; the regulation of compliance and enforcement of employers; the administrative penalties and the regulation on the use of health care services among others.
The session is set to continue tomorrow in Rustenburg as per the details below.
Date : Friday, 08 December 2023
Venue: Anew Hunters Rest, Rustenburg
Time : 09h00- 16h00
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Issued by: Department of Employment and Labour
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