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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

  • Criter ia 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 document ation 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: [email protected]

 

Online Booking Form

 

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

 

 

 

 

 

 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at [email protected]

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

 

POPIA: Protection of Personal Information Act

22 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

22 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

23 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

23 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

29 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

30 June 2021 (13:00 - 16:00)

Interactive Online Course

COVID-19 Workplace Compliance Health, Safety and Claims Management Course

23 & 24 June 2021 (08:30 - 13:00)

Inter active Online Course

Basic Labour Relations

24 June 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

29 July 2021 (09:00 - 16:00)

Interactive Online Course

AARTO and the Impact on Your Business

25 June 2021 (09:00 - 12:00)

Interactive Online Course

Employment Equity Committee Training

02 July 2021 (09:00 - 16:00)

Interactive Online Course

Workshop Chairing Disciplinary Hearings

15 & 16 July 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

16 July 2021 (09:00 - 12:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

22 July 2021 (09:00 - 12:00)

Interactive Online Course

Management and Leadership Skills

28, 29 & 30 July 2021 (08:30 - 16:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management

29 July 2021 (08:30 – 16:00)

Interactive Online Course

 

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