Context

To recap, on 17 April 2023, the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (COIDA Amendment Act) was published, the aim of which has been to amend, substitute, insert, delete and repeal certain of COIDA’s definitions and sections. The Minister has recently published a number of Draft Regulations, which will sit alongside the COIDA Amendment Act. The Minister is affording interested parties an opportunity to comment on these Draft Regulations.

Draft Regulations regarding the prescription period of claims

The purpose of these is to ensure that the period of prescription of claims is more clearly defined. They also deal with the application of the prescription period and reporting of an accident by an employee and their employer in terms of sections 38 and 39 of COIDA.
The prescription period is three years from the date of the accident, diagnosis of a disease or date of death.

Draft Regulations regarding inspections in terms of Chapter XA

These deal with inspections, compliance and enforcement in terms of Chapter XA of COIDA. Further, these Draft Regulations seek to deal with the powers of an inspector during investigations or inspections into alleged non-compliance; the notice periods for investigations and inspections; as well as the exercise of the discretion of an inspector when conducting inspections to inform employers and employees of their respective rights and obligations under COIDA.

Draft Regulations regarding third parties who transact with the Compensation Fund

These deal with issues relating to third parties who transact with the Compensation Fund in terms of section 73(4) of COIDA. They set out the proposed terms and conditions for transacting with the Fund. Third parties would then need to meet the requirements in order to be able to register with the Fund. Similarly, there are requirements to be met by employer representatives appointed and acting on behalf of an employer in such circumstances.

With the COIDA Amendment Act expected to come into force and effect in the near future, it is necessary for the Regulations to be revisited, to ensure that they are aligned to the COIDA Amendment Act. This is more so where these Regulations would apply to all occupational injuries and diseases claims, including death.

Keep a look out for our further updates on these aspects. To view the published Draft Regulations, click here.