On 23 January 2026, President Cyril Ramaphosa published Proclamation Notice 306 of 2026, bringing into operation several critical provisions of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (COID Amendment Act) which modernises the framework of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). These amendments introduce substantial reforms to employer compliance obligations, enforcement mechanisms, penalties, and worker protections. The Proclamation sets out staggered commencement dates for various provisions of the COID Amendment Act. Some of the more significant amendments for employers to note are addressed below.

Provisions effective 23 January 2026

• Definitions contained in section 1 of the COIDA updated and expanded: These include ‘accident’, ‘actuary’, ‘assessment’, ‘compensation’, ‘dependent’, ‘employer’, ‘employer individually liable’ and ‘occupational disease’. Post-traumatic stress disorder has now explicitly been recognised. Notably, the amendments to the definition of ‘earnings’ (which now references the Fourth Schedule to the Income Tax Act 58 of 1962) and part of the definition of ‘employee’ (relating to members of the South African Defence Force and South African Police Service) are not yet in effect. Additional new terms now in force include ‘licensee’, ‘monthly pension’, and ‘rehabilitation’.
• Claims and accident reporting procedural reforms: The Commissioner (rather than the Director General) will now receive accident and occupational disease notifications, compensation claims, and related reports and is also empowered to prescribe rules and forms for reporting, as well as conduct accident inquiries following a report. The prescription period for claims has also been extended from 12 months to three years.
• What is deemed to have taken place ‘in the course of employment’ has been expanded: It also now covers accidents that occur while attending work related training and extends the circumstances in which employees travelling to and from work in employer provided transport will be covered. Compensation is also now payable without qualification even where an accident is attributable to an employee’s serious and wilful misconduct.
• Rehabilitation and reintegration framework created: This new statutory framework will require employers to support the rehabilitation and reintegration of employees who suffer occupational injuries or diseases. This formalises return to work obligations and rehabilitation responsibilities for employees suffering from occupational injuries or diseases.
• New inspection, compliance and enforcement provisions: Inspectors appointed by the Commissioner are allowed, among other things, to conduct inspections to ensure compliance with the COIDA and have the authority to issue compliance orders which can be made orders of the Labour Court if an employer does not comply.

Provisions effective 1 February 2026

These are governance-related amendments related to the restructuring of the Compensation Board, including revisions to Board members’ terms of office, as well as an update on the rules regarding disqualifications and removal from office of the Board members.

Provisions effective 1 April 2026

The April 2026 tranche of amendments introduces an administrative penalty system to replace criminal offences. Penalties may be imposed where employers: (i) fail to report accidents correctly or within prescribed timeframes and/ or furnish any further particulars required; (ii) fail to pay the first three months of temporary disability compensation; (iii) deduct or recover unlawful amounts from employees; or (iv) fail to maintain proper earnings and employment records (manual or electronic) for five years. Employers who actively participate in the rehabilitation of temporarily disabled employees may now qualify for an assessment rebate.

Key takeaways for employers

The COID Amendment Act introduces a more robust compliance and enforcement environment, reinforced by enhanced administrative penalties, along with an extension of the COIDA’s scope of coverage. This may require employers to review and update accident reporting protocols, reassess workplace transport and training related risks, strengthen record keeping and claims management systems, and prepare for new rehabilitation and reintegration obligations.

Employers who adopt a proactive approach will be best positioned to remain compliant and mitigate liability under the modernised COIDA framework.

Written by Mendel Sass, Partner, and AmandlakaThixo Magubane, Senior Associate, Bowmans