The Compensation for Occupational Injuries and Diseases Act (COIDA) has undergone significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (the Amendment Act). With the Amendment Act now in force, the next critical development followed on 6 March 2026, when the Department of Employment and Labour published a suite of regulations in terms of section 97 of COIDA as amended.
The regulations take immediate effect from the date of publication and address four distinct areas: prescription of claims, inspection and enforcement, rehabilitation and return-to-work and the registration of third parties transacting with the Compensation Fund (CF). Together, they give practical effect to the enforcement and rehabilitation frameworks that the Amendment Act created but left largely undefined. This article provides a comprehensive overview and highlights key considerations for employers.
Prescription Regulations
The prescription period for lodging a claim with the Fund was extended from 12 months to three years from the date of the accident. The prescription regulations now give operational content to this change. Key aspects include:
- Broad application: The regulations apply to all occupational accident and disease claims, including death arising out of occupational injuries and diseases. Notably, the amended section 44 referred only to "the accident", however, a purposive reading of section 44 together with the expanded definition of "accident" (which now expressly includes occupational disease) would likely have extended the three-year prescription period to occupational disease claims in any event. The regulations nonetheless remove any residual uncertainty by expressly providing that the three-year prescription period applies to all such claims alike.
- Retrospective reach: The regulations include all accidents that occurred and all diseases which were diagnosed prior to the effective date of the proclamation of the Amendment Act. Employers cannot assume that only accidents occurring after January 2026 fall within the extended prescription window. This amendment provides greater legal certainty and enhances protection for employees, given that occupational diseases often develop gradually and may not be clinically diagnosable until long after the causative exposure has occurred.
- Domestic employees: Claims for domestic employees must be considered retrospectively to 27 April 1994, whether reported or not. Such claims must be reported to the Commissioner within three years from the effective date of the proclamation of the Amendment Act.
- How to lodge a claim: An employee lodges a claim by submitting form W.CI.3 (Notice of accident and claims for compensation) or W.CI.14 (Notice of occupational disease and claims for compensation). An employer reports an accident by submitting form W.CI.1 (Employer's report of occupational disease) or W.CI.2 (Employer's report of an accident).
The extended prescription period significantly increases employers' exposure to latent claims. Given that the regulations apply to pre-commencement accidents and diseases, employers should prioritise auditing their historical records. Employers must retain records for five years.
The Inspectorate takes shape
The Amendment Act introduced a new chapter dedicated to inspection, compliance and enforcement, including the provision for the appointment of inspectors under the new section 93A. The inspection regulations now set out the operational framework within which inspectors will function.
An inspector must be issued with a certificate stating their full name, employee or persal number, date of appointment, and the legislation they are monitoring. Employers are entitled to request this certificate on arrival.
When conducting inspections, inspectors may advise employees of their rights and obligations, including the right to receive benefits or compensation, the right to object to a decision of the Commissioner in terms of section 91, and the obligation to report an accident within the prescribed period. Inspectors may similarly advise employers of their obligations, including the obligation to register with the Fund, keep records, submit annual returns, and pay assessments.
When conducting investigations in terms of section 93B(1)(c), inspectors must notify the employer of the complaint, request written representations, and notify the employer of planned site visits detailing the date, time, and records required. For investigations, the inspector must give the employer 14 days' notice to comply with a request for representation. For compliance inspections, the inspector must give 14 days' notice of the intended inspection, extendable by a further 14 days on good cause shown. However, inspectors may, in certain exceptional circumstances, conduct an inspection without prior notice. Employers should designate a responsible person to manage inspector engagements and ensure that record-keeping systems are readily accessible.
Rehabilitation, Reintegration and Return-to-Work Regulations: The draft becomes final
On 15 June 2023, the Department published Draft Rehabilitation, Reintegration and Return-to-Work Regulations for public comment. Those draft regulations have now been finalised under section 97, read with section 70A of COIDA as amended, and came into effect on the date of publication in the Gazette. A summary of these regulations can be found here.
Employee Health and Wellness Representative
An employer or an employer who is individually liable, must designate or appoint an employee health and wellness representative to act as a liaison officer between the CF or Licensee on rehabilitation, reintegration, and return-to-work matters. The representative's functions include requesting and receiving medical and rehabilitation reports (with the employee's consent), collaborating with the Rehabilitation Case Manager on reintegration, co-ordinating the provision of assistive devices and technology, and monitoring approved return-to-work programmes.
Obligations on employers
Employer obligations under the final regulations are extensive. Among other things, employers must:
- Facilitate required access to enable a Case Manager from the CF or Licensee to perform their functions.
- Submit annual reporting data on enrolled rehabilitation cases to the CF or Licensee.
- Keep rehabilitation, reintegration, and return-to-work reports for at least 30 years.
- In the event of business closure, ensure that the medical records of an employee under rehabilitation are transferred to the CF or Licensee.
- Provide reasonable accommodation and transitional or temporary work, which may involve changing the physical environment, adjusting work schedules, modifying job tasks, or providing training.
- Not dismiss an employee based on incapacity, or reduce their remuneration because of an injury on duty or contraction of an occupational disease, without adhering to labour legislation. Should the employee be dismissed, the employer must report such dismissal to the Chief Inspector and the CF or Licensee in writing, stating the reasons.
The Rehabilitation, Reintegration and Return-to-Work Policy
An employer who participates in rehabilitation in terms of section 85(3), or an employer who is individually liable, must include rehabilitation, reintegration, and return-to-work provisions in their applicable human resources policies. The policy must be freely accessible and communicated in writing to all employees and must outline return-to-work procedures, reasonable accommodation provisions, an employee health and wellness plan, and provision for re-skilling of employees for alternative work.
Assessment rebates
Subject to the provisions of section 85, the Compensation Commissioner may assess employers participating in the rehabilitation programme at a lower rate. Employers must prepare a report for submission in terms of section 85 for rebate consideration. The rehabilitation provisions therefore create both obligations and opportunities. On the one hand, participation may yield meaningful cost savings through reduced assessment rates, support formalised return-to-work programmes that reduce absenteeism and improve productivity and reduce the risk of incapacity-related dismissals and associated labour law exposure. On the other hand, participation triggers additional administrative obligations, including the preparation of reports for rebate consideration, the retention of rehabilitation records for at least 30 years, the inclusion of rehabilitation provisions in HR policies and the provision of reasonable accommodation and re-skilling interventions. Employers should also note that the rebate is discretionary in that the Commissioner may grant it, but is not obliged to do so, meaning the administrative investment may not always yield a financial return.
Importantly, the provision of rehabilitation benefits and the resumption of work by an affected employee does not disentitle or disqualify the employee from receiving compensation benefits which would otherwise be payable under the Act.
A new accountability framework with third-party registration regulations
A new set of regulations governs the registration of third parties transacting with the CF. Section 73(4)(a) and (b) require that all such third parties must be registered. A "third party" means any registered person transacting on behalf of the employee, employer, or medical service provider, where the mandate may be given through a power of attorney, proxy appointment, or a service level agreement.
Registration requires submission of a duly completed registration form, certified identity documents, valid CIPC documents, a Power of Attorney, proof of address, a valid tax clearance certificate, a valid letter of good standing, and proof of registration with recognised professional bodies. Registration is valid for 24 months, renewable on three months' notice. The registration window opens from 1 March and closes at the end of June each year. The Commissioner must decide within 60 working days; failure to do so results in the registration being deemed rejected.
An employer, employee, or Medical Service Provider remains legally accountable to the Commissioner for any claim or assessment documents submitted on their behalf by a third party.
Employers who rely on third-party agents to manage their COIDA obligations, including submission of assessments, accident reports, and medical invoices, must verify that those parties are registered or in the process of obtaining registration. Until the Commissioner decides on the registration, a third party may continue to operate as if registered, provided it was in operation prior to the promulgation of these regulations.
Key takeaways for employers
The regulations mark the transition from the Amendment Act's broad framework to enforceable, detailed obligations. Various immediate actions are required of employers. First, in relation to prescription and records, employers should audit historical records for accidents and diseases that may fall within the extended three-year prescription window and ensure that general records are retained for five years and rehabilitation records for no less than thirty years. Second, on inspection readiness, employers should designate a responsible person to manage inspector engagements and ensure that record-keeping systems are accessible and up to date. Third, regarding the rehabilitation policy and programme, employers must implement or update a written rehabilitation, reintegration and return-to-work policy and appoint an employee health and wellness representative immediately. Fourth, on dismissal and remuneration restrictions, employers should review existing incapacity procedures in light of the obligation to report dismissals and remuneration reductions to the Chief Inspector and the Compensation Fund. Fifth, regarding third-party intermediaries, employers must confirm that any third parties acting on their behalf are registered or eligible to continue operating pending registration. Finally, on assessment rebates, employers should establish the reporting structures required under section 85 to qualify for potential assessment rebates through participation in rehabilitation programmes.
The true test lies in how these provisions will be implemented and enforced in practice. Employers will face the task of navigating rehabilitation processes while balancing operational needs and ensuring the fitness of workers to perform their duties. Striking the right balance will require careful and proactive engagement with these regulations from the outset.
