What's changed in OHS and COIDA compliance

The biggest recent shift is the phased commencement of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, which the Presidency brought into force in stages from January 2026, expanding the Compensation Commissioner's powers on rehabilitation, administrative penalties and compliance enforcement. Alongside that, the Department of Employment and Labour continues to enforce the Ergonomics Regulations, 2019, which added a distinct ergonomics risk assessment obligation to the OHS Act framework.

Reviewed by TefCo Compliance Research — last verified 15 September 2026.

In short

The Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 was assented to in April 2023 but commenced in phases — Government Gazette 53990 of 23 January 2026 brought most sections into force, with sections 3 to 6 following on 1 February 2026 and several further sections on 1 April 2026.
The amendment strengthens the Compensation Commissioner's role, introduces administrative penalties, and expands compliance and enforcement powers under the Act.
The Ergonomics Regulations, 2019, made under section 43 of the Occupational Health and Safety Act 85 of 1993, require employers to identify and assess ergonomic risk and remain in force alongside the more familiar general safety and machinery regulations.
The Compensation Fund continues to run and enforce the annual Return of Earnings cycle, including the 10% late-submission penalty, under section 82 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993.

Phased commencement of the COIDA Amendment Act

The Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 was signed by the President and published in Government Gazette 48431 on 17 April 2023, but large parts of it only commenced later. A further commencement notice in Government Gazette 53990 brought most of the outstanding sections into effect from 23 January 2026, with sections 3 to 6 commencing on 1 February 2026 and a further group of sections (including provisions on administrative penalties and compliance) commencing on 1 April 2026.

The amendment shifts several functions that were previously performed by the Director-General to the Compensation Commissioner, expands provision for rehabilitation, re-integration and return to work of injured or diseased employees, and introduces administrative penalties and stronger compliance and enforcement powers.

Because commencement happened in stages through early-to-mid 2026, confirm which specific sections are currently in force before relying on a provision of the amendment for a compliance decision.

Ergonomics Regulations remain a live compliance requirement

The Ergonomics Regulations, 2019 were made under section 43 of the Occupational Health and Safety Act 85 of 1993 and gazetted on 6 December 2019. They require employers to identify ergonomic risk in the workplace and to have those assessments carried out by a competent person as defined in the regulations. They sit alongside, not instead of, the general risk assessment obligations elsewhere in the OHS framework.

Return of Earnings enforcement continues unchanged in structure

The Compensation Fund's annual notice on Return of Earnings submissions — most recently published for the 2025 assessment period in Government Gazette 54524 on 15 April 2026 — confirms the same enforcement structure applies each year: a 1 April to 30 June submission window, a 10% penalty for late submission, and interest on accounts unpaid more than 30 days after invoice.

Frequently asked

Has the Return of Earnings deadline itself changed?

No structural change was found — the Compensation Fund continues to set an annual 1 April to 30 June window by notice, most recently confirmed for the 2025 assessment period in Government Gazette 54524.

Is the COIDA Amendment Act fully in force yet?

Most of it commenced in stages through January to April 2026, but confirm the current commencement schedule with the Department of Employment and Labour before relying on any specific section, since a small number of provisions still await a commencement date.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.