COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993, AS AMENDED: NOTICE ON COMPENSATION FOR COVID-19 VACCINATION SIDE-EFFECTS PUBLISHED IN TERMS OF SECTION 6A (B) OF THE ACT

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COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993, AS AMENDED: NOTICE ON COMPENSATION FOR COVID-19 VACCINATION SIDE-EFFECTS PUBLISHED IN TERMS OF SECTION 6A (B) OF THE ACT

Notice Title: Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended (“COIDA”): Notice on compensation for Covid-19 vaccination side-effects published in terms of Section 6A(b) of the Act

Government Notice: GN 629 in GG 45358 on 22 October 2021

Commencing date: 22 October 2021

The Compensation Commissioner published a general notice in terms of section 6A(b) of the COIDA regarding rules relating to compensation for Covid-19 vaccination side-effects.

The Compensation Fund will cover employees for injuries, illness or death as a result of receiving a Covid-19 vaccine, only where an employee is required by the employer to receive vaccination as an inherent requirement of employment or where vaccination is required based on the OHS risk assessment conducted by the Employer.

The following requirements shall apply:

  1. The vaccination must be regarded as an inherent requirement of the job as determined by the employer’s risk assessment;
  2. The employee must have been vaccinated with a SAHPRA-approved Covid-19 vaccine;
  3. Evidence must be provided of the employer’s Risk Assessment and Vaccination Plan as set out in paragraph 3(1)(a)(i)(ii) and (b) of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces;
  4. The chronological sequence between the vaccine inoculation and the development of symptoms and clinical signs must be provided;
  5. The employee must have presented with symptoms and clinical signs that are generally recognised as side effects of Covid -19 vaccine; and
  6. Additional tests may be required to assess the presence of abnormalities of any organ affected.

Further, the claims will be adjudicated, and compensation will be determined and paid in terms of the COIDA and the Guidelines of Compensation Fund.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?

Employers requiring employees to receive mandatory vaccination as an inherent requirement of employment or where vaccination is required based on the OHS risk assessment conducted by the Employer, must take note of the requirements stipulated in the Notice if a claim for compensation is logged with the Compensation Commissioner.

This Notice must however not be interpreted to establish any law, regulation or rule that employers may subject their employees to vaccine inoculation against their will.

Shangoni can assist companies in drafting of OHS risk assessment, determining the inherit risk linked to employees work and to review the adequacy of existing controls to mitigate workplace related hazards.

For assistance or queries please contact Corrie Potgieter at corrie@shangoni.co.za.

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