25 February 2000

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993

AS AMENDED BY ACT 61 OF 1997

AIM OF THE BILL

The Act was promulgated with the objective of providing compensation for: -

  1. Disablement caused by occupational injuries or
  2. Diseases sustained or contracted by employees in the course of their employment, or
  3. Death resulting from such injuries or diseases.

KEY ISSUES

Administration of the Act

Section 2 of the Act gives the Minister the power to appoint a Compensation Officer and other officers and employees to assist the Director General in the performance of his functions. This section makes provision for the officers and the employees to be remunerated out of the Revenue Fund.

Section 3 gives the DG the power to determine, delegate any of his powers or assign any of his or her duties to the commissioner or an officer or employee.

Section 4 outlines the functions of the DG, which are to inquire into accidents and occupational diseases, adjudicate on claims and issuing of orders for payment of compensation.

Section 5 gives the Director General the power to raise money by way of loans or purchasing of or acquiring of property.

Section 6 makes provision for the DG to subpoena any person to give information concerning the subject of any enquiry.

Any person who fails to obey the orders shall be found guilty of an offence

Section 7 makes provision for the DG to authorise any assessor, any officer or employee or any medical practitioner to investigate any matter deemed necessary.

Compensation fund and reserve fund

The Act establishes a compensation fund which consists of penalties and assessments paid by employers, interests on investments of the compensation fund and moneys vested in the fund. This is to be used for payment of compensation, the cost of medical aid and witness fees.

Compensation of occupational injuries

Section 22 makes provisions for an employee or his dependants to get benefits in cases of accidents resulting in disablement or death.

Accidents outside the Republic are also covered if an employee meets with an accident while temporarily employed outside the Republic. This includes seamen and airmen and accidents during training.

The employee may claim compensation in a court of law from the third party if an occupational injury or disease was caused by another person.

Claims for Compensation

Chapter 5 of the Act deals with steps that an employee, employer or the Director General should take when accidents happen. A written or verbal notice should be given to the employer, who in turn has to report to the director General within seven days after having received the notice. The DG would then make enquiries to decide upon a claim or liability.

Determination and calculation of compensation

Chapter 6 of the Act deals with calculations that are to be taken into consideration when compensating an employee for temporary total disablement and permanent disablement. Permanent disablement of employees in training or less than 26 years of age, compensation if an employee dies, if an employee previously received compensation, pensions and increased compensation due to negligence of an employer is also dealt with under this chapter.

Occupational diseases

Section 65 of the Act entitles an employee to the compensation if he or she contracted a disease in the course of employment. Medical aid is provided in case of temporary disablement.

Medical aid

The employer is responsible for conveyance of injured employees and their medical expenses in cases where they contract diseases.

An employer who demands or receives from an employee contribution towards the cost of medical aid supplied shall be found guilty of offence.

Legal procedures

Chapter 10 of the Act deals with objections and appeal against the decisions of the Director General or a trade union or employers’ organisations. The Director General can also review any decision in connection with a claim for compensation.

General

Chapter 11 states that the Minister may by notice in the Gazette issue directions to give effect to the provisions of any agreement between the Republic and any other state in which provision in matters regarding compensation to employees for accidents resulting in disablement or death.

This chapter makes provision for the Minister to make regulations regarding fees payable to the medical practitioner, the procedure to be followed in paying assessments, and fines to the Director General.

Obligations of employers

Obligations of the Department

 

COMPILED BY THE PARLIAMENTARY INFORMATION SERVICES: RESEARCH