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).

Table 1. Occupational health and safety and compensation legislation in South Africa
Act Function Enforcement Agency
Occupational Health & Safety Act (OHSA), 1993 Ensures a healthy and safe environment in factories and offices Department of Labour
Mine Health & Safety Act (MHSA), 1996 Ensures a healthy and safe environment in mines/quarries Department of Energy
Merchant Shipping Act, 1951 Ensures a healthy and safe environment for fishermen on trawlers at sea Department of Transport
Compensation for Occupational Injuries & Diseases Act (COIDA), 1993 Provides for medical cover and compensation of occupational injuries or diseases in most workplaces Department of Labour
Occupational Diseases in Mines & Works Act (ODMWA), 1973 Provides for compensation of occupational lung diseases in mines and quarries Department of Health

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:
Table 2. Compensable occupational diseases under the Occupational Diseases in Mines and Works Act (ODMWA)
  • Pneumoconiosis: silicosis, asbestosis (pleural &/or interstitial), coal, other pneumoconiosis.
  • Tuberculosis (TB)*.
  • Chronic obstructive airways disease (COAD).
  • Progressive systemic sclerosis (not skin).
  • Manganese poisoning (usually cerebral).
  • Cancer of the lung in asbestos-exposed cases and mesothelioma (pleural and/or interstitial).
  • Platinum salt sensitivity.
* Note: Tuberculosis compensable if worker performed at least 200 risk shifts and has clinically "active" TB during employment or contracted TB within 12 months of working the last risk shift.
b) Scope:
c) Administration and Structures:

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.

Note: MBOD is a Directorate within the National Department of Health. It falls under the Chief Directorate: Environmental and Occupational Health. (Back)

Creative Commons License
Postgraduate Diploma in Occupational Health (DOH) - Modules 3 – 5: Occupational Medicine & Toxicology by Prof Rodney Ehrlich & Prof Mohamed Jeebhay is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
Permissions beyond the scope of this license may be available at http://www.healthedu.uct.ac.za/