SEIFSA ANNUAL REVIEW 2018
SAFETY, HEALTH, ENVIRONMENT AND QUALITY DIVISION
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EIFSA provides comprehensive and professional safety, health, environment and quality consultancy services 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 transitioning to the latest 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 in July 2017 and were concluded in April 2018. 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. Generally, the draft amendments seek to increase compensation benefits and improve service delivery.
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The business position was, in summary, as follows: • the extension of compensation cover should not have excessive economic impact on assessment fees payable by the employer to the Compensation Fund; and • administrative fines should not be based on an employer’s turnover, but rather on the financial loss caused by the non-compliance, as well as the adverse impact on the health of the affected employee(s). a. Extension of Scope of Benefits In terms of extension of cover, two key matters have been flagged by business: i. The introduction of the concept of “no-fault basis” effected by the removal of “serious willful misconduct”. In the current Act, employees who are injured due to willful misconduct such as being under the influence of alcohol or refusal to apply health and safety measures are in principle not covered by COIDA; and ii. In the event of an accident while travelling to and from work currently employees are only covered by COIDA if: • the vehicle used by the employee is provided by the employer for such purposes; • the vehicle is driven by the employer or by one of the employees and • if such a vehicle is provided free of charge. According to the current wording of the draft amendment bill, employees would be covered travelling to and from work, regardless of their mode of transport. Business argued that the above circumstances are outside of the control of an employer i.e. an employer cannot anticipate or control serious willful misconduct or the risk posed by the choice of transport made by
