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Occupational Injuries and Diseases Legal Update

and Claims Management

Course

 

 

20 November 2020 (08:30 – 16:00) Interactive Online Course

 

 

Online Booking Form

 

 

  Click here to download registration forms for 20 November 2020 (09:00 - 16:00) Interactive Online Course

 

 

The course includes an explanation of:

  • New COIDA Amendment Bill, 2020

  • Lates directive - Compensation for Workplace-Acquired Novel Corona Virus Disease (COVID-19)

  • Comparison between the current COID Act and the COIDA Amendment Bill, 2020

  • COID Act prescriptions and claim requirements

  • Update on the latest COID schedules and notices

 

Course Content

 

Module 1: Overview of COID legislation

  • Compensation and legislation in South Africa

  • Aim of the COID Act and the latest COID Amendment Bill 2020

  • The main objective of the COID Act and the COID Amendment Bill 2020

  • Compensation process and purpose of the COID Amendment Bill 2020

  • Protection of employers against claims from employees and dependents

  • The Compensation Commissioner and the Compensation Fund

 

Module 2: Employers, licensees, contractors and sub-contractor’s

  • Employer and licensee criteria

  • Registration of employers, contractors and sub-contractors

  • Letter of good standing

 

Module 3: Right to compensation

  • Defining compensation

  • Categories of persons who are entitled to compensation

  • Employees, dependants and sea personnel

 

Module 4: Occupational accidents and diseases

  • Criteria for occupational accidents

  • Defining of an occupational injury, accidents, injuries on duty and occupational diseases

  • Travelling to and from work

  • Criteria for occupational diseases

  • Defining of an occupational disease, scheduled and non-scheduled diseases

  • Accidents during training for or performance of emergency services

  • Accidents outside the republic

 

Module 5: Assessment tariffs and payments to the Compensation Fund

  • Liability towards the payment of compensation

  • Calculation of assessment fees, assessment classes and assessment tariffs

  • Return of Earnings (ROE) and merit rebates

 

Module 6: Calculation of earnings, selection of medical service providers and accounts

  • Calculation of the earnings of an employee

  • Medical examinations (employee and the medical practitioner, submitting to medical examinations)

  • Rehabilitation and re-integration

 

Module 7: Prescribed documentation to be submitted by employers to the Compensation Fund in administration of the claim’s adjudication processes

  • Reporting of occupational injuries and occupational diseases to the Compensation Fund

  • Employer and employee duties

  • Documents required for the reporting of occupational injuries and diseases

  • Practical guidelines for the registration of occupational injuries and diseases

  • Required IOD and occupational diseases forms/ reports (W.Cl)

  • Adjudication process and benefits management

  • Medical aid

  • Refunds to employers and employees

  • Awarding of claims and the re-opening of claims

  • Different types of benefits (permanent disability, temporary disability, death benefits)

  • Medical expenses and conveyance of injured employees

  • Additional compensation

  • Rehabilitation and re-integration

  • Employees requiring constant help

 

Module 8: Legal rules, inquiries, fines and penalties

  • Legal rules

  • Circumstances in which Commissioner may repudiate claims

  • Recovery of damages and compensation paid from third parties

  • Inquiry by the Commissioner into an accident

  • Record keeping

  • Fines, penalties and objections

 

Module 9: Inspection, compliance and enforcement

  • Inspections, compliance and enforcement

  • Contact details of the Compensation Fund

 

Module 10: Compensation for Workplace-Acquired Novel Corona Virus Disease (COVID-19)

  • Directive on Compensation for Workplace-Acquired Novel Corona Virus Disease (COVID-19)

  • COVID-19 as an occupational disease

  • Diagnosis and requirements for COVID-19

  • Occupational risk classification

  • Impairment, benefits and reporting

 

Purpose of the course:

To explain the legal prescriptions pertaining to the current Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993), the Compensation for Occupational Injuries and Disease Amendment Bill (2020) and the Directive on Compensation for Workplace-Acquired Novel Corona Virus Disease (COVID-19) in a simple and understandable manner.

 

This course provides a detailed explanation; step by step guides and examples on the different processes and procedures to follow when dealing with occupational injuries and diseases (including COVID-19), the identification of problems and the registration of claims as well as the completion of prescribed documentation.

 

Who should attend?

The course is intended for people who work with COIDA in the Insurance Sector, HR Administrators, HR Managers, COIDA Administrators and Representatives, Health and Safety Committee Members, Health and Safety Representatives, OHS Managers, Occupational Health Practitioners; Medical Practitioners and Shop Stewards.

 

Price: 

  • R 2290 (incl. Vat) per delegate

  • Price include course material, certificates

 

For further information contact:

Deidre at telephone: (012) 666 8284/ 083 556 9407

Fax: (086) 547 2636 or (012) 661 1411

Mail: 

 

Online Booking Form

 

Click here to download registration forms for 20 November 2020 (09:00 - 16:00) Interactive Online Course  

 

 

 

 

 

 

 

POPI and consent - don’t get caught in your own net

By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr

 

2020 has given rise to many challenges for employers. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI. 

 

POPI distinguishes between the collection, storage and processing of personal information and special person information. Special personal information includes e.g. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees.

 

It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. 

 

Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. Written consent is not expressly required. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. In the circumstances it is advisable for employees’ written consent to be secured. 

 

The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed.

 

The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR.

 

In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. The employees must be able to understand in clear language what they are consenting and the extent of the consent. Where necessary provisions should also be made specifically for the processing of special personal information.

 

Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee.

 

Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. 

 

Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. This would cover instances where e.g. an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act.

 

An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?

 

A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions.

 

So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. In the absence thereof, the employer will need to prepare and secure a further consent from the employee.

 

For more information, please contact Gillian Lumb at   

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com

 

 

 

 

 

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