Module 4: Lecture: Workers Compensation Legislation.

WORKERS COMPENSATION LEGISLATION:

The two major laws, dealing with occupational diseases (and injuries) in South Africa,are the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993, the Occupational Diseases in Mines and Works Act (ODMWA) of 1973 and its Amendment Acts of 1994 and 2002. ^{1, 2, 3}. The former Act is administered by the Department of Labour and the latter by the Department of Health (Table 1).

The Occupational Diseases in Mines and Works Act (OMDWA):

The Act governs the lifelong monitoring and surveillance of former miners and evaluation of both former and active miners for possible compensable occupational lung diseases. The surveillance of an active miner is the responsibility of the employer as stipulated under the Mine Health and Safety Act which came into effect in 1997 ⁴.

a) Aims:

• To provide for mandatory reporting of certain occupational lung diseases to the Medical Bureau for Occupational Diseases (MBOD) in the Department of Health.
• To provide certain benefits to workers who develop certain occupational lung diseases (see Table 2).
• To provide certain benefits for dependents of workers who die from such diseases.
• The Amendment Act in 1994 brought about deracialisation of the Act.
• Amendment Act of 2002 provide for medical benefit examinations to be done once every 24 months.

b) Scope:

• All employees who are or were exposed to risk work while working in the mines or classified works.

c) Administration and Structures:

• Enforced by Department of Health.
• The Act is administered by the MBOD and the Compensation Commissioner for Occupational Diseases (CCOD).
• The Director of the MBOD in Braamfontein, Johannesburg is responsible for ensuring good quality of benefit medical examinations as well as postmortem examinations for the removal of cardio-respiratory organs.
• The Certification Committee of the MBOD is responsible for the medical assessment of claims for compensation, guided by standards set by the Minister of Health.
• The Reviewing Committee of the MBOD will review referrals from the Certification Committee or from individuals or parties not satisfied by the decision of the Certification Committee.
• Mineworkers can request to appear before either the Certification or the Review Committee to address their concerns.
• Compensation payment is made by the CCOD in Braamfontein, Johannesburg. The CCOD receives levies from operating mines on behalf of mineworkers.

REFERENCES:

1. Government Gazette. Compensation for Occupational Injuries and Diseases Act No. 130 of 1993. Pretoria, South Africa: Government Printer, 1994; vol.340, no.15158. www.acts.co.za
2. Government Gazette. Occupational Diseases in Mines and Works Amendment Act No.208 of 1993. Pretoria, South Africa: Government Printer, 1994; vol.343, no.15449
3. Occupational Diseases in Mines and Works Amendment Act 60 of 2002. Government Printer. Pretoria, South Africa.
4. Government Gazette.Mine Health and Safety Act No. 29 of 1996. Government printer. Pretoria South Africa.
5. Abdullah F, Jeebhay M, Myers J. Occupational Diseases in Mines and Works Act, 1993. SAMJ, 84, 132-3, 1994.
6. Kew G, Ehrlich R I, Fitness to Work, Disability and Compensation. In Guild R, Ehrlich RI, Johnston JR, Ross MH, eds. Handbook of Occupational Health Practice in the South African Mining Industry, 1st edition, Johannesburg, South Africa, Safety In Mines Research Advisory Committee (SIMRAC), 2001; 257-293.