Compensation for occupational injuries and diseases amendment act Flashcards
Compensation Board
A statutory body of the Compensation fund which advises the minister of labour on issues
COIDA
-Establishes to protect the health and safety of employees in the workplace
-COIDA provides the guidelines for the compensation of employees who sustain on-the-job injuries and contract diseases
Purpose
-COIDA applies to all casual and full-time employees who become disabled/killed due to a workplace accident
-COIDA excludes employees who are guilty of wilful misconduct such as horseplay in the workplace or members of SDF
-The type and severity of the injury will dictate the medical expenses and other compensations that will be paid to the employees
Impact (Positive)
-Promotes health and safety in the workplace
-Creates an enabling framework for acceptable safety regulations
-COIDA does provide compensation for domestic workers
-Supplies administrative guidelines for dealing with and processing claims
Impact (Negative)
-COIDA does not cover employees in the South African Defence Force
-South Africans who are temporarily or permanently employed in foreign countries arent covered by COIDA
-Employees may be forced to pay heavy penalties if they are found guilty of negligence or for not enforcing safety measures
Non-compliance
-Bribing employees not to report the accident or injury based on the grounds of race or gender
-Falsifying information about previous serious accidents or occupational diseases based on the grounds of race or gender
-Failing to disclose all information on the Compensation board when accidents or injuries occur for specific employees
-Refusing to lodge claims of domestic workers
Penalties
-Businesses can be forced to make large payments if they did not implement the necessary precautions to reduce accidents not promote health and safety in the workplace
-Businesses may be forced to pay recovery costs required by the compensation fund
-Employees may take a business to court for not registering with the commissioner of the compensation fund
Ways to comply
-Display a summary of COIDA in the workplace where it is visible to all employees
-Pay all the required levies to the compensation fund
-Report all accidents, injuries, illnesses, fatalities to the compensation commissioner as they occur
-Register with the Compensation Board and Compensation Comissioner