Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)RegulationsRegulations relating to the Rehabilitation, Reintegration, and Return-to-work of Employees who sustained occupational injuries or contracted occupational diseases under the Compensation for Occupational Injuries and Diseases Act, 199310. Roles of employers and employers individually liable |
| (1) | An employer or employer individually liable must facilitate access to rehabilitation for employees who sustained or contracted occupational injuries or diseases, and assist in their reintegration into the workplace as far as reasonably practicable and in so doing, the employer or employer individually liable must: |
| (a) | facilitate required access and assistance to enable a Case Manager from the Compensation Fund or Licensee to perform their functions upon or prior to the planned request; |
| (b) | submit the reporting data on enrolled rehabilitation, reintegration and return-to-work cases to the Compensation Fund or Licensee in the prescribed manner on an annual basis; |
| (c) | maintain a secure and readily accessible data system containing relevant employee health and rehabilitation information; |
| (d) | keep Rehabilitation, Reintegration and Return-to-Work reports for a period of not less than thirty years; |
| (e) | in the event of business closure or winding up of operations, the employer shall ensure, taking legislative requirements into account, that the medical records of an employee under rehabilitation are transferred to the Compensation Fund or the Licensee as the case may be; |
| (f) | facilitate access to vocational guidance, skills development initiatives, provide reasonable accommodation and assist with job placement opportunities; |
| (g) | provide support and assistance to employees who sustained or contracted occupational injuries or diseases to enable rehabilitation, medical treatment or assessment; |
| (h) | incorporate workplace Rehabilitation, Reintegration and Return-to-Work cases into concrete, predefined internal structures, such as relevant management or operational committees to monitor and implement the programme within the workplace. These structures should include, but not be limited to, Human Resource departments, Health and Safety committees, Workplace Consultative Committees and any other relevant operational groupings that are regularly involved in employee health, safety, and overall workplace management; |
| (i) | provide reasonable accommodation and transitional or temporary work to allow the employees who sustained or contracted occupational injuries or diseases to work safely in the return-to-work process. This may involve changing the physical environment, providing assistive devices or technology, adjusting work schedules, modifying job tasks, transferring the employees who contracted occupational injuries or diseases to an alternative job placement, making provision for a work trial, and/or giving the employees training or any other necessary measure that reasonably accommodates the occupationally injured employees’ specific needs; |
| (j) | communicate as soon as reasonably practicable with employees who sustained or contracted occupational injuries/diseases regarding the Return-to-Work process and methods to find appropriate alternative job placements; |
| (k) | educate or raise awareness to co-workers to enhance insight for effective disability inclusion; |
| (l) | consult when the need arises, with all relevant stakeholders to resolve challenges at the workplace that impact the outcomes of the Rehabilitation, Reintegration and Return-to-Work programme; |
| (m) | not to dismiss an employee based on incapacity or reduce the rate of their remuneration or alter terms of their employment conditions to a less favourable one because of being injured on duty or contracting an occupational disease without adhering to labour legislation. Should the employee be dismissed the employer must report such a dismissal to the Chief Inspector and the Compensation Fund or Licensees in writing, stating the reasons for dismissal; |
| (n) | in the event of employer dismissing or reducing the remuneration of the injured or occupationally diseased employee, the employer shall notify the Compensation Fund or Licensee of its intention to dismiss or reduce remuneration of the injured or diseased employee; and |
| (o) | notify the Compensation Fund or Licensee in writing (preferably electronically) about the resumption of duty or inability to retain the employee after reasonable efforts have been made to preserve the employment of the employee who sustained or contracted occupational injuries or diseases. |