2. AGENDA
LEGISLATION GOVERNING MANAGEMENT OF INJURIES ON DUTY AND
OCCUPATIONAL (WORK-ACQUIRED) DISEASES AND ITS EXTENT OF COVERAGE.
(COMPENSATION FOR OCCUPATIONAL HEALTH INJURIES AND DISEASES ACT NO
130 OF 1993) KNOWN AS COIDA
3. LEGISLATION GOVERNING MANAGEMENT
OF INCIDENTS AND ITS EXTENT OF
COVERAGE
• IN SOUTH AFRICA (RSA),THIS AREA OF PRACTICE IS GOVERNED BY THE
COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT (COIDA) 130 OF
1993 AND APPLIES TO:
• ALL EMPLOYERS OF CASUAL AND FULL-TIME WORKERS WHO, AS A RESULT OF A
WORKPLACE ACCIDENT OR WORK-RELATED DISEASE:
• ARE INJURED, DISABLED, OR KILLED; OR
• BECOME ILL DUE TO THE WORKING ENVIRONMENT.
• THIS EXCLUDES – (THESE CATEGORIES ARE NOT COVERED BY THE LEGISLATION AS YET)
• WORKERS WHO ARE TOTALLY OR PARTIALLY DISABLED FOR LESS THAN 3 DAYS;
• DOMESTIC WORKERS;
• ANYONE RECEIVING MILITARY TRAINING;
• MEMBERS OF –
• THE SOUTH AFRICAN NATIONAL DEFENSE FORCE, OR
• THE SOUTH AFRICAN POLICE SERVICE;
• ANY WORKER GUILTY OF WILFUL MISCONDUCT, UNLESS THEY ARE SERIOUSLY DISABLED OR KILLED;
• ANYONE EMPLOYED OUTSIDE THE RSA FOR 12 OR MORE CONTINUOUS MONTHS; AND
• WORKERS WORKING MAINLY OUTSIDE THE RSA AND ONLY TEMPORARILY EMPLOYED IN THE RSA.
4. WHEN AND HOW TO REPORT INJURY ON
DUTY?
• ALL INCIDENTS MUST BE REPORTED TO THE EMPLOYER WITHIN 7 DAYS NO MATTER HOW MINOR IT IS BECAUSE
EVEN A MINOR INJURY HAS A POTENTIAL TO COMPLICATE .
• EMPLOYER MUST COMPLETE THE RELEVANT FORMS E.G. WCL2 FOR INJURY ON DUTY SO THAT THE EMPLOYEE MAY
RECEIVE MEDICAL ASSISTANCE. THIS FORMS MUST ALWAYS ACCOMPANY THE PATIENT TO THE TREATMENT
FACILITY.
• COMPENSATION COMMISSIONER (COID)ONLY PAYS FOR MEDICAL COSTS IF THE EMPLOYEE IS GOING TO BE BOOKED
OFF FOR 3 DAYS OR MORE. IF ITS LESS THAN THAT THE EMPLOYER IS EXPECTED TO COVER THE MEDICAL COST
INCURRED.
• EMPLOYEES ARE NOT ALLOWED TO USE THEIR SICK LEAVE IF ABSENCE IS DUE TO INJURY AND THE DOCTOR HAS
PROVIDED THE MEDICAL CERTIFICATE SUPPORTING THAT. THIS LEAVE SHOULD BE CAPTURED AS IOD (INJURY ON
DUTY) LEAVE.
• IOD LEAVE IS UNLIMITED UNTIL THE DR DECIDES WHETHER A PERSON HAS SUFFERED A PERMANENT DISABILITY
(INCAPACITATED) OR REQUIRES REASONABLE ACCOMMODATION OR UNTIL PERSON IS DECLARED FIT TO RESUME
HIS NORMAL DUTIES
• EMPLOYERS ARE OBLIGED BY LAW TO PAY EMPLOYEES NOT LESS THAN 75% OF THEIR MONTHLY INCOME UNTIL
THEY ARE DECLARED FIT TO RETURN TO WORK
• EMPLOYER MAY CLAIM THIS MONEY FROM COMPENSATION COMMISSIONER
• ENSURE THAT EMPLOYEES RECEIVE BEST MEDICAL TREATMENT, PUBLIC/GOVERNMENT HOSPITALS NOT
RECOMMENDED BECAUSE IT’S NOT EASY TO FOLLOW UP ON A CLAIM. COID PAYS FOR MEDICALS COSTS. 99% IF
NOT ALL PRIVATE HOSPITALS KNOW HOW TO TREAT WORK RELATED INJURIES AND DISEASES.
5. WHAT DO YOU DO WHEN THE INJURY
THAT YOU THOUGHT WAS MINOR
COMPLICATES 3 WEEKS LATER AND YOU
DID NOT REPORT?
• INFORM YOUR EMPLOYER SO THAT YOU MAY BE REFERRED TO THE TREATMENT
FACILITY AS SOON AS POSSIBLE. COID AND TREATMENT FACILITY WILL REQUEST THE
LETTER/MOTIVATION STATING THE REASONS FOR LATE REPORTING. THEN YOU WILL
BE TREATED ACCORDINGLY.
• FOR WORK ACQUIRED DISEASES WE FOLLOW SAME PROCEDURE BUT USE DIFFERENT
FORMS WLC 4
• EMPLOYEES ARE EXPECTED TO GO BACK TO THE TREATMENT FACILITY UNTIL THE
CASE IS CLOSED/FINAL MEDICAL REPORT IS ISSUED BY THE DOCTOR.
• NB: COID PAYS FOR MEDICAL COSTS, DEATH AND/OR IF A PERSON SUFFERS A
PERMANENT DISABILITY E.G. 10% NOISE INDUCED HEARING LOSS, AMPUTATIONS ETC.
• SOME DISEASES LIKE SILICOSIS TAKE TIME TO DEVELOP (MAY BE DIAGNOSED 10 – 15
YEARS LATER) THEREFORE EMPLOYERS/MANAGERS ARE ADVISED TO ENCOURAGE
EMPLOYEES TO GO FOR PRE-PLACEMENT MEDICAL EXAMINATION AND EXIT MEDICAL
EXAMINATION TO ENSURE THAT THEY EXIT THE COMPANY THE SAME WAY THEY
6. WHAT DO YOU DO WHEN YOU ENCOUNTER
HEALTH CHALLENGES DUE TO THE INJURY OR
WORK EXPOSURE THAT HAPPENED AGES AGO?
• EMPLOYEE IS ADVISED TO REPORT THIS TO THE COMPANY’S MEDICAL CENTER/TREATING
DOCTOR
• THE DOCTOR WILL DO INVESTIGATIONS OR INTERVIEW THE PATIENT TO CHECK IF THE PERSON
MEETS THE ELIGIBILITY CRITERIA FOR RE-OPENING THE CLAIM.
• WCL 55 FORMS AVAILABLE ON INTERNET MUST BE USED FOR RE-OPENING THE CASE
• REGARDING ELIGIBILITY CRITERIA, I AM REFERRING YOU TO COID ACT NO 130 OF 1993
• COID DOES NOT RE-OPEN THE CASE IF:
• THE PROBLEM IS NOT DIRECTLY RELATED TO THE INJURY OR OCCUPATIONAL EXPOSURE
• IF THE CASE WAS NOT PREVIOUSLY ACCEPTED
• DOES NOT OPEN THE CASE FOR INVESTIGATIONS ( THE EMPLOYEE MUST BE PREPARED TO GO
THROUGH THESE TESTS ON HIS/HER BUDGET THEN IF THE DOCTOR IS CONVINCED THAT CURRENT
PROBLEMS ARE DUE TO PREVIOUS INCIDENCE. HE/SHE CAN CLAIM THAT MONEY FROM COID
• REHABILITATION IF IT’S NOT GOING TO CURE THE CONDITION
• THIS IS SOLELY THE DOCTORS DECISION, EMPLOYER MUST REFER THE EMPLOYEE TO THE DOCTOR. COID MAY ALSO REJECT THE CLAIM
BUT MOST DOCTORS UNDERSTAND HOW COMPENSATION COMMISSIONER OPERATES.
8. MEDICAL SURVEILLANCE
(CARRIED OUT ACCORDING TO THE HEALTH RISKS OF
THE EMPLOYEE’S OCCUPATION)
THE IMPORTANCE OF HAVING A MEDICAL SURVEILLANCE PLAN IN THE WORKING
ENVIRONMENT:
MEDICAL SURVEILLANCE REFERS TO TESTING OR EXAMINATION OF EMPLOYEES EXPOSED TO
POTENTIALLY HAZARDOUS MATERIALS OR OTHER RISKS IN THE WORKPLACE IN AN ATTEMPT TO
UNCOVER EARLY SIGNS OF WORK-RELATED ILLNESS.
• TO MONITOR EMPLOYEE’S HEALTH
• A HEALTHY EMPLOYEE IS A PRODUCTIVE EMPLOYEE
• EARLY TREATMENT OF/PREVENTION OF OCCUPATIONAL DISEASES
• TO PREVENT LITIGATION CLAIMS OF NEGLIGENCE AGAINST THE EMPLOYER REGARDING OCCUPATIONAL DISEASES
• E.G. CASES OF ASBESTOSIS FROM MINING/USE OF ASBESTOS IN VARIOUS FORMS IN INDUSTRY
• LEAD POISONING ETC.
9. TYPES OF MEDICALS
• PRE-PLACEMENT MEDICALS
• PRIOR TO EMPLOYING A WORKER, TO ENSURE THEY ARE FIT FOR THE POSITION APPLIED FOR:
• E.G. A HEALTHY, BLIND PERSON CAN BE FIT TO WORK AT A SWITCHBOARD BUT NOT IN A FACTORY
ENVIRONMENT; SIMILARLY, A DEAF PERSON CAN WORK IN CERTAIN AREAS OF INDUSTRY BUT CANNOT
WORK AS A SWITCHBOARD OPERATOR
• THIS MEDICAL ALSO FORMS A BASELINE TO WORK ON E.G. EMPLOYEE CANNOT SUE EMPLOYER FOR
WORK DISEASES THAT WERE ACQUIRED FROM A PREVIOUS EMPLOYER (THIS CANNOT BE PROVED IF
THERE IS NO BASELINE TO WORK)
• PERIODICAL MEDICALS
• TO MONITOR HEALTH OF EMPLOYEE ACCORDING TO THE OCCUPATIONAL RISK OF THEIR WORKING
ENVIRONMENT
• E.G. BI-ANNUAL; ANNUAL OR BIENNIAL
• TRANSFER MEDICALS
• TO MONITOR EMPLOYEES HEALTH WHEN TRANSFERRING TO A NEW/DIFFERENT DEPARTMENT WITHIN
THE COMPANY
10. TYPES OF MEDICALS (CONTINUED)
• RETURN TO WORK FITNESS
• SICK – EMPLOYEES TO BE RE ASSESSED FOR FITNESS TO WORK NORMAL DUTIES IF OFF WORK FOR
10 WORKING CONSECUTIVE DAYS OR LONGER DUE TO ILLNESS OR AN OPERATION
• MATERNITY – WOMEN TO BE ASSESSED AS FIT TO WORK NORMAL DUTIES SHE IS EMPLOYED FOR
WHEN RETURNING FROM MATERNITY LEAVE
• EXIT MEDICALS
• TO ASSESS EMPLOYEE’S HEALTH WHEN LEAVING THE COMPANY, COMPARED TO BASELINE ON
EMPLOYMENT TO PREVENT LATER CLAIMS DUE TO ILL HEALTH FROM OCCUPATIONAL EXPOSURE
• MANAGEMENT MEDICALS
• TO ENSURE MANAGERS HEALTH IS OPTIMAL AND ADDRESS HEALTH CHANGES (REFER TO OWN
MEDICAL PRACTITIONER)TO PREVENT LOSS AS COST TO THE COMPANY IS GREAT TO REPLACE
MANAGEMENT POSITIONS
11. MEDICAL SURVEILLANCE IN GENERAL
INCLUDES:• USUAL MEDICAL TESTS:
• URINE TEST, BLOOD PRESSURE, WEIGH, HEIGHT, PHYSICAL EXAMINATION AND COMPREHENSIVE MEDICAL HISTORY
TAKING
• RISK BASED MEDICALS MAY INCLUDE:
• AUDIOMETRY (HEARING) TEST
• VISION SCREENING TEST
• SPIROMETRY (LUNG FUNCTION) TESTS
• ECG (ELECTROCARDIOGRAM) TESTING IF NECESSARY
• CHEST X-RAY
• BIOLOGICAL E.G.
• URINE: BENZENE; LEAD ETC.
• BLOOD: LEAD; CANCERS, LIVER FUNCTION ETC.
• URINE DRUG TESTING BEFORE PREPLACEMENT MEDICAL TO PREVENT EMPLOYING A POTENTIAL RISK ARISING DUE TO
SUBSTANCE ABUSE
• IT IS ILLEGAL TO DESCRIMINATE AGAINST HIV POSITIVE EMPLOYEES, THEREFORE HIV TESTING DOES NOT FORM PART OF
MEDICAL SURVELLANCE.