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, 19931. Definitions and Interpretation |
In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—
means any device, product, equipment, or tool designed or adapted to enable persons with disabilities to participate in activities, tasks or actions. They may include
| (i) | Mobility aids such as wheelchairs, prostheses and crutches; |
| (ii) | Communication aids such as hearing aids FM systems; |
| (iii) | Sensory aids such as white canes; noise-reducing headphones and coloured lenses |
| (iv) | Technology aids such as computers for alternate and augmentative communication, screen readers, magnifiers, text in audio format; |
includes assistive, adaptive, and rehabilitative devices and services for persons with disabilities, which enable them to attain independence in functional areas of living;
means the health professional appointed by the Compensation Fund or the Licensee to conduct case management interventions, which include assessment/evaluation of treatment and rehabilitation, monitoring the implementation of care plans for the employees who sustained occupational injuries or contracted occupational or diseases;
means the specialised medical and clinical process that focuses on enhancing and restoring functional ability and quality of life for individuals who have experienced impairments or disablement due to occupational injury/disease. This encompasses comprehensive assessment, treatment, and management by a multi-disciplinary team of healthcare professionals to address sensory, physical, cognitive, emotional and social limitations to achieve their maximum potential and attain independence in their daily activities and social participation;
means an appointed employee or representative acting on behalf of the employer as liaison officer between the Compensation Fund or Licensee with regards to the organisation’s Return-to-Work and Occupational Health and Safety programmes;
means employers as defined in the Act;
means Employers as defined in the Act;
means an employee whose prospects of securing, returning to, retaining and advancing in current employment are substantially reduced because of a physical, psychosocial, cognitive and sensory impairment which was sustained at work or during the cause and scope of employment and liability accepted by the Compensation Fund and/or Licensees;
means a full-time residential health-care facility that provides nursing and specialised care for employees who sustained or contracted occupational injuries/diseases. These are employees who are unable to live independently after reaching Maximum Medical Improvement (MMI);
means an individual registered and licensed to practice within the healthcare profession in terms of the laws and regulations of Republic South Africa. This includes medical doctors, nurses, therapists, psychologists and other healthcare professionals legally authorised to provide medical and clinical rehabilitation services;
means healthcare professionals or organisations offering medical care, treatment or support to employees who sustained or contracted occupational injuries or disease seeking health-related services;
means a state in which an employee who sustained or contracted occupational injuries or diseases is unable to perform certain activities or fulfil specific responsibilities due to physical or mental impairment, disease, injury or disablement;
is described as the point at which the medical condition of an employee who sustained or contracted occupational injuries or diseases has stabilised and is unlikely to improve significantly with further medical treatment;
means necessary and appropriate modifications and adjustments made in the workplace, which may include adaptive assistive devices and technology, not imposing a disproportionate or undue burden, where needed in a particular case, to ensure employees who sustained or contracted occupational injuries or diseases to reintegrate to work;
means Rehabilitation as defined in the Act;
means specialised healthcare facilities where medical and/or rehabilitation services are provided by healthcare service providers and designed to provide comprehensive care, therapies and support services for employees recovering from occupational injuries/diseases;
is a structured and comprehensive programme that supports employees who sustained or contracted occupational injuries or diseases to recover from occupational injuries, disablement or disease. This includes providing necessary support, therapies, assistive devices, assistive technologies and vocational rehabilitation interventions to facilitate successful transition back into productive employment and seamless reintegration into the workforce;
means professionals or organisations that offer a range of specialised services aimed at helping employees who sustained or contracted occupational injuries or diseases to recover from injuries, diseases, or disablement and regain their functional abilities;
means employment opportunities that may be short-term or serve as a developmental stepping stone for a career path after rehabilitation interventions for employees who sustained or contracted occupational injuries or diseases. These types of work can be beneficial for various reasons, such as gaining experience, acquiring new skills, and income generating whilst searching for long-term employment;
means the process of reintegrating an employee into the workplace or Supported Employment Enterprises (SEE) after they have suffered an occupational injury or disease, include enterprise development initiatives that offer support for entrepreneurial endeavours to help the employee attain sustainable income; and
refer to governance structures that health professionals must be registered with, including but not limited to the Health Professions Council of South Africa, the South African Nursing Council, and the South African Council for Social Service Professions.