President enacts greater protection for workers affected by occupational injuries and diseases

President Cyril Ramaphosa has signed into law the Compensation for Occupational Injuries and Diseases Amendment Bill, which extends coverage for occupational injuries and diseases to previously excluded vulnerable workers, and improves compensation benefits to employees.

The Bill effects a range of amendments to the Compensation for Occupational Injuries and Diseases Act (Act No 130 of 1993) which governs compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees, or for death resulting from injuries or diseases.

The new provisions enacted by the President include one that gives effect to a Constitutional Court judgment in the matter of Mahlangu and Another v Minister of Labour and Others in which the Court declared parts of the Compensation for Occupational Injuries and Diseases Act unconstitutional.

The unconstitutionality related to the exclusion of domestic workers employed in private households from the definition of “employee” and the effective denial of compensation to such workers who contracted diseases or suffered disablement, injuries or death in the course of their employment.

The amended legislation also protects the livelihoods of workers affected by occupational injuries or diseases by introducing a multi-disciplinary employee-based process of rehabilitation and reintegration of injured employees or employees who contracted occupational diseases.

This requires employers to exhaust all rehabilitation and reintegration processes before laying off an employee.

In turn, employers will be incentivised for full compliance with the provisions.

The new law also addresses institutional arrangements, such as the appointment of members of the Compensation Board.

Media enquiries: Vincent Magwenya, Spokesperson to the President – 082 835 6315

Issued by: The Presidency
Pretoria