SAFETY, HEALTH, ENVIRONMENT AND QUALITY (SHEQ) DIVISION
SEIFSA provides a comprehensive and professional safety, health, environment and quality consultancy service to member companies - offering practical advice, guidance and training on all issues, including workmen’s compensation claims and implementation of legal requirements. In light of the recently published ISO 9001: 2015 and ISO 14001: 2015, the division also implements the new standards and offers advice on transition the superior 2015 versions. In addition to offering training and consultancy services, the division also lobbies extensively in various national forums on behalf of the industry. These forums include the Advisory Council for Occupational Health and Safety, National Economic Development and Labour Council (Nedlac), Advisory Committee for the Compensation Commissioner for Occupational Diseases, and the Department of Environmental Affairs industry forums. Some of the engagements are directly with various stakeholders in government, organised business and organised labour. This report highlights some activities of the year under review.
COMPENSATION FUND Amendments to COIDA Nedlac deliberations on the Compensation for Occupational Injuries and Disease Act (COIDA) Amendment Bill began on the 5th of July 2017. The purpose of the amendments is to provide for the rehabilitation, re-integration and return to work of injured employees, to regulate the use of health care facilities and to also regulate compliance and enforcement. The scope of events covered by the COIDA benefits are significantly more. For example, the re-peal of the subsection 3 of Subsection 22, which bars benefits to employees who would have committed serious willful misconduct, would allow employees to access compensation benefits on a no-fault basis. The current
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SEIFSA ANNUAL REVIEW 2017
conditions under which employees are covered while travelling to and from work could be lifted, making it possible for employees to claim for compensation under COIDA if injured in an accident while using any mode of transportation. This increase in the scope would not come without challenges to the employer. The more frequent the compensable claims, the higher the risk ratings, as well as the assessment fees. Employee rehabilitation will lead to introduction of facilities for that purpose, which will be implemented by the government. The employer on the other hand will bear the brunt of stricter fines and penalties for noncompliance to certain legal requirements. Integration of Compensation Systems The steering committee discussions on migration of current mineworks to COIDA came to a conclusion. The following were the outputs for discussion by the relevant ministers: • A final version of the Integration of Compensation report • Response to reports and recommendations of compensation integration process • Draft Compensation Integration Bill All tripartite parties anticipate the decision on the way forward by the Ministries of Labour, Mineral Resources and Health.
HEALTH AND SAFETY LEGISLATION REVIEW 1. Occupational health and safety a) Draft Occupational Health and Safety (OHS) Amendment Bill The publication of the Occupational Health and Safety Amendment Bill for comment is pending the Minister of Labour’s approval.
