The Compensation for Occupational Injuries and Diseases Amendment Act, 2022 (Amendment Act) has formally come into operation following the publication of Proclamation Notice 306 of 2026 (Proclamation) in Government Gazette No. 53990 of 23 January 2026.
The amendments represent the most substantial reform of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA) since its enactment, expanding the scope of covered workers, strengthening enforcement mechanisms, and materially increasing employer compliance exposure.
COMMENCEMENT OF THE AMENDMENTS
In terms of the Proclamation –
- most provisions of the Amendment Act came into operation on 23 January 2026, being the date of publication of the Proclamation;
- sections 3, 4, 5 and 6 (relating primarily to institutional and governance matters of the Compensation Fund) came into operation on 1 February 2026; and
- key enforcement and penalty provisions (including amendments to sections 19, 20, 28, 36, 50, 52 and 54 of COIDA) commence on 1 April 2026.
The staggered commencement provides employers with a limited window to align systems before the more punitive enforcement framework becomes fully operational.
KEY SUBSTANTIVE AMENDMENTS
Governance of the Compensation Board
- The Amendment Act introduces changes to the composition, appointment and functioning of the Compensation Board, with the aim of improving governance and oversight of the Compensation Fund.
- These governance-related provisions commence on 1 February 2026 and are directed at institutional reform rather than direct employer obligations.
Introduction of an Inspectorate
- The Amendment Act establishes a formal inspectorate with powers to monitor and enforce compliance with COIDA.
- Inspectors are empowered to, among other things, enter workplaces; inspect records; question persons under oath; investigate complaints; and issue compliance orders.
- Failure to comply with a compliance order may result in enforcement proceedings and Labour Court compelled compliance.
Shift from Criminal Offences to Administrative Penalties
- A key feature of the Amendment Act is the move away from criminal prosecution towards an administrative penalty framework for non-compliance.
- Administrative penalties may be imposed for failures such as not reporting occupational injuries or diseases; failure to pay compensation timeously; and failure to keep prescribed records.
- Penalties may include the payment of compensation amounts with interest or, in certain cases, a percentage of the employer’s assessment.
Prescription Period for Claims Extended
- The Amendment Act extends the period within which a claim for compensation may be lodged from 12 months to 3 years.
- This change increases the timeframe within which employees may bring claims and underscores the importance of long-term record-keeping by employers.
Rehabilitation, Reintegration and Return to Work Measures
- The Amendment Act introduces provisions aimed at promoting rehabilitation, reintegration and return-to-work programmes for injured employees.
- The Amendment Act also provides for the possibility of assessment rebates linked to rehabilitation and reintegration measures.
PRACTICAL IMPACT FOR EMPLOYERS
Taken together, the amendments signal –
- increased regulatory oversight and enforcement capability;
- a stronger focus on compliance rather than criminal sanction;
- greater financial consequences for late payment and non-compliance; and
- longer exposure periods for claims.
LOOKING AHEAD: HOW BISHOP FRASER ATTORNEYS CAN ASSIST
As amended COIDA framework is implemented, employers can expect increased enforcement activity and closer scrutiny of compliance obligations.
Bishop Fraser Attorneys assists employers with COIDA compliance reviews, engagement with inspectors and the Compensation Fund, assessment disputes, and regulatory risk management.