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On 17 April 2023, the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (“the Amendment Act”) was published in the Gazette for general information. The Amendment Act amended certain provisions of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (“COIDA”) and provided for matters pertaining to the rehabilitation, reintegration and return-to-work of occupationally injured and diseased employees; regulating the use of healthcare services and other relevant matters. The Amendment Act took effect on 23 January 2026. Our article, published on 26 January 2026, provides a comprehensive overview of the Amendment Act. A large number of the provisions in the Amendment Act required regulations to provide for their application.
On Friday, 06 March 2026, the Minister of the Department of Employment and Labour ("DoEL") published four sets of regulations under COIDA ("the regulations") in Government Gazette No. 54273, which came into operation on the same date. These regulations introduce important reforms to the compensation framework, including enhanced inspection and enforcement powers, prescription periods for occupational injury and disease claims, mandatory registration requirements for third parties transacting with the Compensation Fund and comprehensive obligations on employers to facilitate rehabilitation and return-to-work for injured employees. The regulations impose immediate compliance obligations on employers, third-party service providers, and other stakeholders in the workplace compensation system, and will significantly impact how businesses manage occupational health and safety ("OHS") claims administration and employee rehabilitation processes.
The regulations include a number of important reforms, including the following:
Regulations on Inspections, Compliance, and Enforcement
Regulation 2 establishes the framework for inspectors appointed under Section 93A of COIDA to monitor and enforce various provisions of COIDA. The powers of the inspectors are extensive despite that prior training or expertise is not required of an inspector in terms of COIDA or the regulations. Regulations 4(1) and 4(2)(a) to 4(2)(h) provide that Inspectors may conduct investigations into non-compliance on the part of employers, including a failure to notify of accidents, a failure to pay temporary disablement benefits, and unauthorised deductions from employee earnings. The rights and obligations of an employer at an investigation or inspection by an inspector are contained in section 93E of COIDA.
Regulations on Prescription
The regulations clarify the prescription period for occupational injury and disease claims. Regulation 2(3) provides that claims reported under sections 38, 39, 43, 44 and 65 of COIDA prescribe 3 (three) years after the date of the accident, diagnosis of occupational disease, or date of treatment under section 73(3) of COIDA. Regulations 2(2) and (4) further provide that the regulations on prescription apply retrospectively to accidents and diseases occurring before the proclamation of the Amendment Act and extend coverage to domestic employees retrospectively to Wednesday, 27 April 1994, provided claims are reported within 3 (three) years of the Amendment Act's commencement. Employees and employers must use the prescribed forms (W.CI.1, W.CI.2, W.CI.3, and W.CI.14) to report accidents and diseases.
Regulations on the Registration of Third Parties Transacting with the Compensation Fund
These regulations reiterate the requirement found in section 73(4)(a) and (b) of COIDA as amended, in terms of which all third parties transacting with the Compensation Fund on behalf of employers, employees, or medical service providers are required to register with the Fund, in order to enhance transparency and accountability. The procedure for registration as a “third party” and the renewal of registration is set out in regulation 3.
Regulations on Rehabilitation, Reintegration and Return-to-Work of Employees who Sustained Occupational Injuries or Contracted Occupational Diseases
These regulations establish a comprehensive framework for rehabilitating and reintegrating employees who sustained occupational injuries or contracted occupational diseases. Regulation 3(1) provides that an employer or an "employer individually liable" must appoint an Employee Health and Wellness Representative to liaise with the Compensation Fund or Licensee on return-to-work matters. An “employer individually liable” is an employer who is exempted from paying assessments to the compensation fund (section 1 of COIDA). Such employers include national and provincial spheres of government and municipalities (section 84 (1) of COIDA).
Furthermore, regulations 5(1), 5(2) and 19(1) provides that the Compensation Fund, Licensees, employers and "employers individually liable" are required to provide access to rehabilitation programmes; including clinical, vocational, and social rehabilitation to employees with temporary or permanent disablement. See further section 70A of COIDA as amended.
Regulations 10(1)(d), 10(1)(i), 10(1)(m) and 12(1) provide that employers (and "employers individually liable") must provide reasonable accommodation (such as assistive devices, modified duties, or alternative placements), maintain rehabilitation records for at least 30 (thirty) years, and may not dismiss or reduce remuneration of injured employees without notifying the Fund and complying with labour legislation. Employers participating in return-to-work programmes may qualify for assessment at a lower rate.
To view the referenced regulations, please click here.
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.
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