Locals attend public hearing on new bill

Alida de Beer

Just over 20 people attended the public hearing on the proposed amendments to the Compensation for Occupational Injuries and Diseases (Coid) Bill that was held at Pine Lodge on Thursday.

The rehabilitation and reintegration of injured workers into employment are among the key changes in the amended act.

Another major change is the inclusion of domestic workers in the bill to ensure that they also benefit in the case of injury or disease. Both the domestic employer and employee will be required to register with the Compensation Fund (CF) in accordance with the new act.

The reference to "serious and wilful conduct" in Section 22 of the act has been removed so that negligence is no longer to be considered on the part of the employee (in the occurrence of an accident) when disability is assessed, whether there is serious disablement or not. A delegate was concerned about this and said there are employees who abuse the system and become ‘serially injured’. Some deliberately inflict injury on themselves. Advice from the floor was that such persons can be dealt with under the Employment Act. Another recommendation from the public was that the commission consider the method of the initial assessment of an injury so as to determine in each case whether the injury was indeed sustained while the person was on duty. Cooperation of the various agents in the line of treatment, such as the doctor, physiotherapist and/or occupational therapist, can assist in this.

The act previously stipulated that pension expires when the employee dies. Under the new bill, compensation benefits will however continue to apply to the surviving dependants.

Employers who fail to register with the

CF, are under the current act being legally prosecuted, which does not deliver the desired results. In terms of the new act, such employers will now be fined.

The act also makes provision for the

CF's own team of specialist inspectors to take over inspections in the labour market. This was previously done by the labour department's inspection and enforcement services. These new inspectors will have the power to issue fines to ensure compliance.

One of the administrative amendments include the compensation commissioner now replacing the director general of the labour department as accounting authority, which is hoped will improve financial management of the fund.

The cut-off date for written comments was 18 December.

The public hearings started nationwide in November after the publication of the amendments in the Government Gazette. Following the comment period, the bill is to be signed into law sometime next year.

The CF, an entity in the labour department, spends about R1-billion annually on injured employees.

There are employees who abuse the system and become ‘serially injured’. Some deliberately inflict injury on themselves.

Occupational therapist Herculene van Staden commenting on the new bill.

Photos: Alida de Beer Nompilo Cele of Petro SA aired concern over some employees abusing the provisions of the Coid act.

Irish Lephoto, senior legal officer at the compensation commission, did the presentation on the proposed Coid bill.