COID Act, Compensation for Occupational Injuries and Diseases Act 130 of 1993 govern issues related to injuries on duty and occupational diseases. This Act entails the reporting, investigation recording, claiming and all procedures and documentation that needs to be submitted before payment is made. Many may think that their responsibility for employees and achieving compliance ends with abiding with the OHS Act. Being compliant with requirements of the COID Act is also very important, but it all starts with knowing the terms of the Act first.

Health and safety compliance according to the COID Act

There are various stipulations about compliance in the COID Act. However, I will discuss various sections of the Act separately that I find vital for employers to be aware of.

Firstly, injuries and diseases that are compensated for are only those that an employee suffers when he/she is under their employment course. Accidents are deemed to have occurred in the course of employment under the following conditions:
(a) whilst working
(b) in training
(c) whilst administering first-aid
(d) rescue work,
(e) fire fighting
(f) any other emergency work whilst in the service of the employer.

Health and safety compliance demanded by the COID Act is for all employers to get registered with relevant compensation authorities and pay their assessment to these authorities. Examples of such authorities are Workmen's Compensation Commissioner, Federated Employers’ Mutual Assurance Company or Rand Mutual. Employers are also stipulated to furnish a 'Return of Earnings ?� on the prescribed form before 31 March of each year and this is a compliance standard employers are expected to meet. Registering with the relevant compensation boards is the first of the many steps to be taken to comply with the COID Act stipulations as it is crucial.

Below are some of the most important terms and conditions governing the payment of compensation claims, according to the COID Act. Compensation will be paid when:

1. The date, time and place of the occurrence can be determined. The injury should also arise out of or in the course of their employer’s employment and results in personal injury or death.
2. An accident arises out of an incident in the course of employment
3. Payment will also be made when an accident occurs on the way to or from work if transport is freely provided by the employer and the vehicle is driven by the employer or an employee assigned by the employer.
4. When an employee has an accident whilst on official duty outside the country. This incident is treated as if it occurred in South Africa.

Employers are legally required by law, together with their employees, to complete a form W.As.51 if their employees is likely to work outside the borders of South Africa for a period of more than twelve months. In this form it must be indicated if the employee still wants to be regarded as an employee in terms of the COID Act. This compliance procedure will ensure the claim for the employee is considered, should anything happen to that particular employee, in their work outside the country.

These are few conditions on what constitutes to the payment of claims and what is considered to be a course of employment for an employee.

When an employer is compliant to the Act and has his liabilities insured in terms of the COID Act, he can rest assured that he/she will be protected against all civil claims. These might be instituted when the employee is injured on duty, even in the event of alleged negligence.

MAKROSAFE can help you understand all terms and conditions of the COID Act and how you can meet the health and safety compliance standards stipulated in the Act, by breaking the Act down for your full understanding. Their well-informed Consultants have all the knowledge on legal standards and requirements. Contact us today and let us assist you follow the right procedures.