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Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter V : Claims for compensation

39. Notice of accident by employer to commissioner

 

(1) Subject to the provisions of this section an employer shall within seven days after having received notice of an accident or having learned in some other way that an employee has met with an accident, report the accident to the commissioner in the prescribed manner.

 

(2) For the purposes of subsection (1) an employer referred to in section 84(1)(a)(i) means, in the case of—
(a) the national and provincial spheres of government, the respective heads of department referred to in section 7(3) of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

[Section 39(2)(a) substituted by section 14(a) of Act No. 61 of 1997]

(b) Parliament, the Secretary to Parliament;
(c) a provincial legislature, the Secretary of the provincial legislature in question.

[Section 39(2)(c) substituted by section 14(b) of Act No. 61 of 1997]

 

(3)
(a) An employer referred to in section 84(1)(a)(ii) shall within 60 days after the commencement of this Act, and an employer referred to in section 84(1)(a)(iii) shall within 30 days after having been granted exemption under section 84(2), furnish the commissioner in the prescribed manner with the name of a person who shall be responsible to report on behalf of such employer accidents as required by subsection (1) (in this section referred to the "responsible person").

[Section 39(3)(a) substituted by section 14(c) of Act No. 61 of 1997]

(b) If such employer individually liable thereafter designates some other person as the responsible person such employer shall within 30 days after such designation notify the commissioner thereof in the prescribed manner.

 

(4) Notwithstanding subsection (1) the Director-General may upon application authorise an employer individually liable to report accidents at such intervals and in such manner as the Director-General may determine.

 

(5) An employer referred to in section 84(1)(b) shall report accidents to the mutual association concerned in the prescribed manner.

 

(6) An employer, excluding an employer referred to in section 84(1)(a)(i), (ii) and (iii), who fails to comply with subsection (1) shall be guilty of an offence.

[Section 39(6) substituted by section 14(d) of Act No. 61 of 1997]

 

(7) For the purposes of this section an accident includes any injury reported by an employee to his employer, if the employee when reporting the injury alleges that it arose out of and in the course of his employment and irrespective of the fact that in the opinion of the employer the alleged accident did not so arise out of and in the course thereof.

 

(8) If an employer, excluding an employer referred to in section 84(1)(a)(i), (ii) and (iii), fails to report in the prescribed manner an accident which has happened to an employee in his, her or its service within seven days after having received notice thereof or having learned thereof in some other manner, the Director-General may impose a fine of not more than the full amount of the compensation payable in respect of such accident upon him, her or it in addition to any other penalty to which he, she or it may be liable.

[Section 39(8) substituted by section 14(e) of Act No. 61 of 1997]

 

(9) If a fine is in terms of subsection (8) imposed upon an employer referred to in section 84(1)(b), and is paid to the Director-General or recovered by him, such fine shall be paid over to the mutual association concerned.

 

(10) For the purposes of subsection (8) compensation includes the cost of medical aid and any amount paid or payable in terms of section 28, 54(2) or 72(2) and, in the case of a pension, the capitalised value as determined by the Director-General of the pension, irrespective of whether a lump sum is at any time paid in lieu of the whole or a portion of such pension in terms of section 52 or 60, and periodical payments or allowances, as the case may be.

 

(11) If the Director-General is of the opinion that the failure referred to in subsection (8) was not wilful or was due to a cause over which the employer had no control or that the payment of the full amount of the compensation payable in respect of such accident, including the capitalised value as determined in subsection (10), will probably result in the insolvency of the employer concerned or, in the case of an employer that is a company, its liquidation, the Director-General may on such conditions as he may think fit—
(a) reduce or remit any fine imposed by him;
(b) permit the employer to pay the fine in such instalments as he may determine.

 

(12) An employer shall at the request of an employee or the dependant of an employee furnish such employee or dependant with a copy of the notice of the accident furnished by the employer to the commissioner in respect of a claim for compensation by such employee or dependant.