Schedule 4 COID Benefit Increase

Dear Employer

COID Benefit Increase

The Minister of Employment and Labour, announced an amendment on Schedule 4 of COIDA, which provides guidance on the new way of calculating pension lump sums and monthly pension benefits made available to injured employees who have had accidents on or after the 1st of April 2019.
This amendment requires RMA to implement an increase in the monthly Constant Attendance Allowance (CAA) benefit as well as the Permanent Disability (PD) lump sums and Permanent Disability (PD) monthly pensions.

What has changed?

The new way of calculation includes the use of actual earnings for PD lump sums and PD monthly pensions and an increase in minimum and maximum compensation.

How does this impact Class IV and Class XII employees?

  • When using the actual earnings, and if the employee’s benefit amount is lower than the minimum compensation amount prescribed by the Act, RMA will pay the minimum amount to the employee. This rule applies to both PD lump sums and PD monthly pensions.
  • For the employee whose benefits are capped to the maximum compensation, RMA will ensure that an affected employee is not negatively impacted, provided that the employer has signed up for our value-added Non-COID products such as the Augmentation benefit.

Implementation of Schedule 4 of COIDA 

  • The new and backdated payment for the CAA benefit will be implemented on the 20th of November 2020 with the November month pension run.
  • The new minimum and maximum compensation based on the actual accident earnings at the time of the accident will be implemented for all new disablement benefits both PD lump sums and PD monthly pensions effective on the 24th of November 2020.
  • The new minimum and maximum compensation based on the actual accident earnings at the time of the accident will be implemented for all existing disablement benefits where the accident happened on or after the 1st of April 2019 to the 24th of November 2020.

 

This means that RMA will do a once-off back-payment to all affected beneficiaries.

We are in support of the newly gazetted legislation for Schedule 4 of the COID Act, and believe that it will ensure that beneficiaries and their families receive the care and compensation they are entitled to when they have sustained either a work-related injury or occupational disease.

You can access the recommended COID benefits here and our Employer Guide is available here to assist you when reporting occupational injuries and disease claims. 

 

Regards

RMA


How to Implement the Occupational Health and Safety Act in the Workplace

This article is a guideline of how employers or organisations can implement effective health and safety procedures and structures within their workplace. The Occupational Health and Safety (OHS) Act 85 of 1993 is one of the legislative drivers, that is responsible for enforcing and creating a healthy, safe, and prepared working environment for all employees, visitors, and suppliers within the workplace.   

Coat_of_arms_of_South_Africa.Department of Labour

REPUBLIC OF SOUTH AFRICA

Occupational Health and Safety Act No. 85 of 1993

ACT

To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; to provide for matters connected therewith.

Signed by The State President

________________

There are 50 sections in the Occupational Health and Safety (OHS) Act, each with its own rules and regulations and 21 different regulations with some being applicable to all companies (General Administration Regulation) and some being only applicable to certain industries (Construction Regulation).

These different sections and regulations dictate how and what the employer, employees, and whole company need to adhere to and implement, to ensure compliance and create sound OHS related practices and structures within any organization. 

What does an OHS management plan entail?

An OHS management plan is the organisation's overall plan, in the form of a detailed OHS Policy document which dictates and guides the organizations in OHS-related requirements and strategy. This comprehensive and detailed OHS Policy document can be structured in any format and contain any content, but it must address the important sections and applicable regulations of the OHS Act. The policy must be communicated to all employees within the organization, who must be made aware of specific and general OHS related content and requirements. Listed below are important elements which should be included in any OHS Policy document:  

  • OHS policy

The OHS Act states the following with regards to a Health and Safety Policy: 

Section 7 - Health and Safety policy

(1)    The chief inspector may direct

         (a)    any employer in writing; and

         (b)    any category of employers, by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organisation and the arrangements for carrying out and reviewing that policy.

(2)    Any direction under subsection (1) shall be accompanied by guidelines concerning the contents of the policy concerned.

An employer shall prominently display a copy of the policy referred to in subsection (1), signed by the chief executive officer, in the workplace where his employees normally report for service.  

The company must ensure that its OHS Policy Statement (1 page document) is signed by the CEO, framed and placed in the reception area of the workplace. This shows executive management support and commitment to OHS within the workplace. 

The detailed OHS Policy document must be published on an internal communication resource platform and be communicated to all employees and relevant external parties. The policy must be reviewed and maintained on an annual basis or if significant organizational changes occur in order to ensure its continuing suitability, adequacy, and effectiveness. 

2. Structures and Organogram

OHS team structures and organograms should be reviewed and updated regularly / every quarter to ensure that there are no non-compliances, vacancies, or gaps within the structures.  This review function can be performed by the OHS supervisors or management for each office within the organization. The OHS structure in each office location should include an OHS supervisor, OHS representatives, first aiders, fire wardens, and evacuation marshals. The OHS team members must receive training, then be appointed in writing, and then sign their appointment letters, which are to be stored on the employee’s employment file. When the OHS organogram is completed and all OHS team vacancies are filled then the organization or region or department has a thorough OHS structure within the workplace.      

3. Appointments

OHS team member appointments are a critical element of any OHS Policy and structure, as these appointees assist in managing and driving OHS generally as well as where specific matters and challenges are required. OHS team vacancies should be communicated to all employees in the offices where vacancies exist and employees requested and encouraged to volunteer and forward nominee name for the vacant positions. Management should also have input into appointing appropriate staff to attend first aid training, firefighting training, and evacuation planning training, but the OHS representatives must be appointed by fellow employees and not management. The OHS team appointment letters should be valid for a 

4. OHS committee

The OHS committee is one of the primary driving forces mandated by the CEO and management team, to assist in developing the OHS strategy and successfully managing OHS on behalf of the organization. Through communication and teamwork, the OHS committee creates and establishes documents, processes, systems, mechanisms and outputs that contribute to the success of OHS. The success of OHS is directly related to the success of the OHS committee.  

5. OHS training

All companies need to send some of their staff on OHS related training, as this is an OHS Act requirement. Employees must nominate their OHS representatives through a nomination process and the nominated representatives then represent their OHS interests at the quarterly OHS committee meetings. The employer or management may not nominate the OHS representatives. Employees are encouraged to volunteer, or suggest suitable nominees as OHS team members, who are then trained and appointed into the various OHS disciplines, namely First Aiders, Firefighters, Evacuation Marshals, and OHS Representatives. Once trained, each OHS team member is appointed in writing and together take an active role in implementing and managing OHS in each office within the organization. The duration of the OHS training is as follows:

  • First Aiders - 2 days;  
  • Firefighters - 1 day;
  • Evacuation Marshals - 1 day;  
  • OHS Representatives - 1 day;
  • OHS Supervisor - 2 days;
  • OHS Specialist / Officer.

The OHS training must be completed through an HWSETA and Department of Labour accredited training company like SEIFSA and Absolute Health Services. This will ensure that the OHS team knows how to implement and perform their duties correctly and assist in creating a healthy, safe, and prepared workplace. 

6. OHS equipment

OHS and emergency equipment must be strategically placed in all office locations of the entire organization, to be utilized by the OHS teams in emergencies or evacuation drills. This equipment is a critical element of an effective OHS strategy. The OHS team members must check the equipment at 3-monthly intervals and ensure that all the equipment such as:

  • first aid boxes, 
  • firefighting equipment, 
  • evacuation plans, 
  • loud and clear devices or hailers etc.

are serviced and in a good condition. This equipment may not be tampered with or used unnecessarily by anyone. When the OHS strategy is developed, there must be funds allocated for the purchase of OHS equipment. The OHS Act states the following with regards to OHS equipment: 

Section 15 - Duty not to interfere with, damage or misuse things

No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.

What determines the complexity of implementing OHS within the workplace? 

The complexity of the OHS Policy and structure is determined by different factors of the business, department, or organization, such as: 

  • Organizational Infrastructure

The organizational structure and location of the branches and offices - if the business structure is large or has a national infrastructure, then the OHS team needs to accommodate the large structure and service all the office locations. The larger the OHS structure the more challenging successful OHS management of that large structure is.    

  • Service Offerings

The type of services offered i.e. administrative or industrial - If the business does not operate within a high-risk environment, such as an administrative business, then OHS implementation and management may be simple and easy. However, if the nature of the business is a high risk such as industrial or mining, then the OHS Policy and detail needs to be complex to address the higher risk factors. 

  • Employee Numbers

The number of employees i.e. 50 or 1500 which is similar to organizational infrastructure. If the organization is small in staff numbers then there is only a need for a small OHS structure and cost. An example of this is with less than 20 staff, there only needs to be 1 person trained in OHS training disciplines such as first aid, firefighting, evacuation marshal and OHS representative. With larger companies of over 100 employees then, for every 50 employees someone needs to be trained in these OHS disciplines and courses.      

  • Financial Implications

If the organization is financially sound and successful then the sooner OHS could be implemented, as the OHS related costs would not really have an impact. If the organization is not financially sound and struggling in a challenging environment then OHS would need to be implemented over a longer period i.e. 2 years. The financial implications are also similar to organizational structure and employee numbers, as the larger these elements then the larger the financial budget needs to be.       

The correct procedure for implementing successful OHS within the workplace

It is important to follow a procedure or process when implementing OHS. Listed below is an example of such a procedure and process management or the OHS team could utilize: 

  • Policy

Management must develop the OHS Policy ideally in consultation with the employees and their OHS representatives. This policy will detail the OHS direction/aims/objectives and commitment by management and all employees.   

  • Organising

To promote a positive OHS culture within the organization and determine the OHS roles and responsibilities and resources required, use the 4C’s method:

  • Competency of employees – knowledge, ability, training, and experience;
  • Commitment and control - allocating responsibilities, accountabilities;
  • Co-operation internally and externally – between individuals and clients;
  • Communication systems – orally, written, visible or example.
  • Planning / Implementation

Conduct an initial documented review of the organization to establish the status of the OHS systems in the organisation and then identify the hazards and risks. Thereafter set objectives and targets and set standards such as design specifications for equipment, products and services, safe systems of work, purchasing policies, emergency procedures etc to achieve the required OHS status and objectives.

  • Measurement of performance (evaluation)

Develop procedures and systems to monitor, measure, and record the OHS performance, on a regular basis at different levels within the organization. This can be achieved by “active monitoring” which includes monitoring of organisational achievements to prevent accidents and ill-health e.g. systematic inspections of equipment and premises, or “re-active monitoring” which monitors failures that have occurred e.g. accidents and near misses and dangerous occurrences, enforcement action, etc. Through this evaluation, the organization has a benchmark to strive in improving year by year.  

  • Review

This is the annual review and evaluation of the overall OHS Policy and structure by management and the OHS committee, to ensure the performance objectives have been met. There is always room for improvement in the overall structure and policy when looking after the wellbeing of all of the employees! 

 


SHE File Compliant Form

Download Form Below

[image_with_animation image_url="56873" alignment="" animation="Fade In" hover_animation="none" border_radius="none" box_shadow="none" image_loading="default" max_width="100%" max_width_mobile="default" img_link="https://www.seifsa.co.za/wp-content/uploads/2020/06/SHE-File-Compliant-Form-.pdf"]

Legal Liability Training

This course is designed to assist organizations to avoid penalties as a result of non-compliance. The workshop covers all SHEQ related legislation, with a focus on legal requirements and consequences for non-compliance. Case studies and industry specific scenarios are used to illustrate the extent to which various role players are liable.

The workshop will cover

  • Types of liability
  • An overview of SHEQ legislation
  • Quality standards and legal requirements
  • Legal obligations of various role players
  • Consequences of non-compliance

Who should attend?

  • Directors, Executives and Senior Managers
  • HR Practitioners
  • Supervisors
  • Employee representatives

[nectar_btn size="large" open_new_tab="true" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="https://www.seifsa.co.za/event-category/economic-commercial/" text="BOOK NOW"]

Health and Safety Representative Training

The workshop outlines the rights and duties of health and safety representatives in terms of the Occupational Health and Safety Act, 85 of 1993. On completion of this one day workshop delegates will have a thorough knowledge and understanding of their functions and responsibilities when identifying hazards and risks at the workplace, conducting regular inspections, assisting management with incident investigations and attending health and safety committee meetings.

The workshop will cover

  • The purpose and scope of the Occupational Health and Safety Act
  • The legal responsibilities of employers and employees in terms of the Act
  • The importance of a health and safety policy
  • Functions of health and safety representatives
  • Functions of health and safety committees
  • How to conduct a workplace inspection
  • How to hold effective health and safety committee meetings

Who should attend?

  • Health and Safety Representatives
  • Shop stewards
  • Other interested employees
  • Supervisors, Team Leaders, Managers

[nectar_btn size="large" open_new_tab="true" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="https://www.seifsa.co.za/event-category/economic-commercial/" text="BOOK NOW"]

16.4 appointees

Non-compliance with SHE legislation is the reason why employers fear any law enforcement drives such as the DoL’s annual Safety Blitz. One of the main duties of an employer is to ensure that ALL legislative requirements are complied with, or otherwise face the consequences thereof.

The workshop will cover

  • Duties of the CEO
    • Requirements regarding 16.2 Assignees
    • Duties of employers
    • Establishing an effective Health and Safety Structure
    • Measurement & Monitoring of HS compliance
    • Evaluation of HS performance

The workshop will cover the following legislation:

  • OHS Act 85 of 1993
    • COID Act 130 of 1993
    • Environmental legislation
    • Municipal by laws

[nectar_btn size="large" open_new_tab="true" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="https://www.seifsa.co.za/event-category/economic-commercial/" text="BOOK NOW"]

COIDA Amendment Bill

The workshop outlines management’s obligations in terms of the Compensation for Occupational Injuries and Diseases Act. At the end of the workshop, delegates will have a sound knowledge and understanding of what the legal requirements are regarding employer and employee obligations, the right to compensation, claim procedures and independent contractors in terms of the Act.

The workshop will cover

The purpose and scope of COID Act

How does negligence affect compensation?

The Employer and employee obligations in terms of the COID Act

Claim procedures for occupational injuries and diseases

Occupational diseases and claims

What about contractors and their employees?

Case Studies: Court decisions involving compensation

Who should attend?

  • Supervisors
  • Health and Safety Representatives
  • Health and Safety Managers
  • Safety Officers

Health Practitioners

[nectar_btn size="large" open_new_tab="true" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="https://www.seifsa.co.za/event-category/economic-commercial/" text="BOOK NOW"]

2019 COID Policy Renewals Roadshow - CLASS XIII

As a valued client in the Metals and Engineering Industry, in preparation for the Class XIII COID Policy Renewals for 2019, we would like to take this opportunity to invite you to our policy renewals session.

At the renewals roadshow, you will get all the information you need on how to renew your COID policydeclare your earnings and update us on your latest staff complement.

Event Details:

 

Date Venue RSVP
 

18 February 2019

Cape Town

Crystal Towers Hotel

Cape Town Marriott Hotel Crystal Towers, Century Boulevard, Century City, Cape Town.

Book Here
18 February 2019 Durban

Gateway Hotel

Corner Centenary Boulevard & Twilight Drive, Gateway, Durban.

Book Here
19 February 2019 East London

Premier Hotel East London International Convention Centre.

Marine Park Complex, 22 Esplanade, Beachfront, East London.

 

Book Here

 

19 February 2019 Port Elizabeth

Protea Hotel Marine, Port Elizabeth

Marine Drive, Summerstrand, Port Elizabeth

Book Here
20 February 2019 George

Protea Hotel by Marriott George King

King George Drive, King George Park, George.

Book Here
21 – 22 February 2019 Johannesburg

Emperors Palace

16 Jones Road, Kempton Park, Johannesburg.

Book Here

 

25 February 2019 Pretoria

Premier Hotel

573 Church Street, Acadia, Pretoria.

Book Here
25 February 2019 Emalahleni

Fortis Hotel Highveld

Cnr Wolermade and Mandela Street, Emalahleni.

Book Here

 

 

25 February 2019 Welkom

Goldfields Casino

Cnr Stateway and Buiten Road,Goldfields Plaza, Welkom.

Book Here
25 February 2019 Rustenburg

Protea Hotel by Marriot

R24 Rustenburg, Krugersdorp Road, Rustenburg.

Book Here
26 February 2019 Bloemfontein

Protea Hotel By Marriott

202 Nelson Mandela Drive, Brandwag, Bloemfontein.

 

Book Here
26 February 2019 Roodepoort

Silverstar Casino

R28, Muldersdrift, Mogale City.

Book Here
26 February 2019 Polokwane

Protea Hotel Ranch Resort

25 km south of Polokwane on the N1 R101, Farm Hollands Drift.

Book Here

 

Who should attend

HR Managers, Business Owners, SHEQ Managers, HR Officers, Policy Administrators, anyone who processes company COID payments and IODs (Injury on Duty).

For enquiries, please email us at RMATraining@randmutual.co.za

We look forward to seeing you.


SHEQ Legislation

HEALTH AND SAFETY LEGISLATION REVIEW

 

1. Occupational health and safety

A. Occupational Health and Safety Amendment Bill

For reasons unknown, there has been a delay in the publishing of the Draft Occupational Health and Safety (OHS) Amendment Bill for comment. Nedlac deliberations had commenced in October 2014 and concluded in March 2016.

 

The following Regulations were published for comment:

- Draft Ergonomics Regulations

- Draft Asbestos Abatement Regulations

- Lift, Escalator and Passenger Conveyor Regulations Incorporation of the Code of Practice for Inspection and Testing of Lift

 

No regulations have been promulgated in 2018.

 

ENVIRONMENT LEGISLATION

Carbon Tax and Climate Change Bill

The 2017 Draft Carbon Tax Bill is a refinement of the initial 2015 Draft Carbon Tax Bill. The main aim of the carbon tax bill is to put a price on the environmental and economic damages caused by excessive emissions of greenhouse gases. A secondary aim is to change the behaviour of firms and consumers, by encouraging uptake of cost-effective, low-carbon alternatives.

Once the Bill comes into effect, the National Treasury will levy carbon tax on emissions above the absolute carbon budgets (a greenhouse gas emissions allowance allocated to a person over a defined time period). The Department of Environmental Affairs (DEA) is currently devising methodology for the level of the budgets. The DEA also published a Climate Change Bill which, once It comes to effect, will enable the enforcement of Carbon Budgets.

 

The business position on both Bills is that there is no reason for a developing country, whose GDP growth has remained below 2% since 2016, to have one of the most stringent environmental legislation in the world. Moreover, the imposition of carbon budgets where there are no alternative technologies is prejudicial towards business.

 

b. Industry Waste Management Plans

On 6 December 2017 the Minister of Environmental Affairs published a notice directing the following industries to submit industry waste management plans for approval:

Lighting

Electrical and Electronic Equipment and

Paper and Packaging Industry

 

This was after SEIFSA and BUSA raised flags against the previous notice, citing impractical requirements and compliance unachievable deadlines. The deadline for subscription to approved Industry Waste Management Plans was 6 September 2018. However, by August 2018, there had not been a single plan approved by the Minister. To this end, affected companies may find themselves unable to comply with this requirement. The SEIFSA SHEQ Executive continues to lobby on this matter and keeping the Associations informed.

 

SHEQ BUSINESS SOLUTIONS

ISO 9001 Quality Management Systems (QMS) is an effective tool for assuring quality of products. According to research, it increases the bottom line and enhances access to markets.

The SHEQ division provides consultancy and training services to assist with the implementation or improvement of  QMS.  ISO 9001 implementation is offered to small enterprises at competitive rates.

Quality related offerings include internal QMS audits are to evaluate the effectiveness of your system, and second party QMS audits to your suppliers to enhance your supply chain.


SHEQ Consultancy

SHEQ COMPLIANCE SERVICES  

SEIFSA’s SHEQ Division assists member companies in meeting the requirements of the Occupational Health and Safety Act, the Compensation for Occupational Injuries and Diseases Act and other safety, health, environment and quality legislation. The SEIFSA SHEQ division guides companies in addressing safety, health, environment and quality issues at the workplace and thereby protecting management from vicarious liability and criminal prosecution.

The Division offers an audit programme which includes the following: 

  • An annual audit;
  • The provision of the administrative documentation required to ensure that the mandatory administrative requirements are observed;
  • A written report identifying and addressing areas of non-compliance and, where necessary, specific recommendations for action by management; and The formulation of an implementation plan to assist in the achievement
  • and maintenance of full and proper legal compliance.

SHEQ LEGAL ADVISORY SERVICE

  • SEIFSA provides a comprehensive range of consultancy and advisory services to member companies on safety, health, environment and quality issues, including:
  • General health and safety legal advice and assistance;
  • Interpretation and advice on occupational health and safety legislation;
  • Interpretation and advice on workmen’s compensation legislation;
  • Formulation and implementation of company level health and safety management systems and procedures;
  • Incident investigations and reporting; and
  • Legal compliance guidance and auditing.