Summary of Occupational Health Legislation April 2011
Summary of Occupational Health Legislation April 2011
Changes and progress within occupational health has been largely linked to a
changing industrialized process within South Africa as well as the ability of worker
organizations to prioritise and pressurise the government and employers to take the
safety and health of workers much more seriously. Moving from an agriculture-
based economy to one rich in metals and minerals has exposed workers to many
more health and safety risks and hazards. Hence, SA has seen a transition in many
pieces of occupational health legislation largely with the will to protect workers and
ensure a safe and healthy workplace.
Below is a summary of the more prominent health and safety legislation with South
Africa:
The Act was passed in 1996 and came into effect on 15 January 1997. The Act falls
under the Department of Minerals and Energy and it has a Mines Inspectorate to
effectively carry out the Act.
The Act covers all mineworkers, owners and managers in mines and works.
The Mine Health and Safety Act entrenches the right to refuse dangerous work. The
Act also formalizes the election of health and safety representatives by workers to
participate in health and safety committees although there are several problems
with the implementation thereof.
In 2001, the National Union of Mineworkers (NUM) called on the government for the
1 October to be declared National Health and Safety Day.
This Act was passed in 1993 and came into effect on 1 March 1994. It replaced the
Machinery and Occupational Safety Act. The Act is based on the idea that workers
and employers must regulate their own workplaces to prevent occupational injury
and disease.
All employers and workers are covered with the following exceptions:
Mine, quarry and oil rig owners and workers (covered by Mines Health &
Safety Act)
Shipping owners and workers (covered by the Merchant Shipping Act and the
Maritime Safety Code)
The OHSA covers farm workers, domestic workers and all casual and temporary
workers. Domestic workers are excluded from the provision on health & safety
representatives and committees.
Offences Penalties
Offences:
1. The maximum penalty for the
• Failure to comply with offences are a fine of R50 000,
OHSA one year in prison, or both
• Obstructing an Inspector in 2. The maximum penalties for
his/her duties negligent causing of injury are a
• Refusing to cooperate with fine of R100 000, two years in
an official inquiry or prison, or both
investigation
3. If a worker is killed, there can
• Trying to influence the be a charge of culpable homicide
proceedings or the against anyone whose negligence
outcome of an inquiry caused the accident
• Tampering with or misuse 4. The penalty for contravening a
of safety equipment Ministerial regulation under OHSA is a
maximum sentence of 12 months in
• A worker not using safety prison or a fine.
equipment provided by the 5. There penalties can be imposed
employer only in a criminal prosecution under
• Wilfully or recklessly acting OHSA.
to endanger the health and
safety of any person
These dismissal penalties for negligent companies whose annual turnovers run into
billions of rands is a sad indictment on the plight of exploited workers.
Better known as COIDA, this Act was passed in 1993 and came into effect on 1 March
1994. COIDA provides a system of no-fault compensation for employees who are
injured in accidents or who sustain occupational diseases arising out of and in the
course of their employment.
Provide certain benefits to workers who are injured at work or who suffer a
disease caused by their working conditions
Provide certain benefits to the dependents of workers who die from such an
injury or disease
Provide employers with an insurance against being sued by employees with
occupational injuries and diseases
The Act came into effect in 1973, was amended in 1993 and the Amendment Act
came into effect on 1 March 1994.
The Act covers anyone who works in a controlled mine and related works.
Compensation for occupational diseases and injuries are provided for in two
statutes – COIDA and ODMWA. ODMWA is almost 100 years old and was last
amended in 1994. COIDA is a fairly recent piece of legislation, coming into effect
in 1994. The differences in both the application of and the benefits paid are
reflected in the table below.
ODMWA COIDA
Regulated By Dept of Health Dept of Labour
Cover Mining related occupational lung Accidents and occupational diseases
disease only except for those covered by
ODMWA
Payment Lump sum only Lump sums for permanent disability
below 30% and pensions if the PD
are greater than 30%
Follow-up of ex- Biennial and free Non-existant
employees
Maximum earnings R2 500 R15 820
for calculation of
benefit
Pensions Not paid Min: R1 411
Max: R11 865
1
Source: www.klasslooch.com
Medical Costs Life-long costs, paid by owner of Maximum of two years costs, paid by
the mine for occupational lung the COIDA fund
diseased diagnosed while working
Funeral Costs Nil R9 200 (max)
Post-mortem Routinely provided for and free. Not provided for routinely.
benefits Compensation paid, irrespective Compensated only if occupational
of cause of death disease caused death
Mr Mankayi won his constitutional court battle with AngloGold Ashanti but
unfortunately he died of lung disease on 25 February 2011.