Penalties to the employer for the late report of an injury of an employee at work

30 Nov Penalties to the employer for the late report of an injury of an employee at work

Occupational Health and Safety Act 85 of 1993 Section 8(1) states the following: “Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.”

This is clear in the Act mentioned above that the duty to a safe working environment lies with the employer. The point of this article is to discuss what happens if a worker has an accident at work and the employer does not report such incidents.

Duty to report

In a case where there is injury at work, the duty to report this injury to the authorities lies solely on the employer. One may even say that the employer must protect the employee and make sure that there is a timeous report on his or her injury. The COIDA Act (Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993) on this aspect states the following:

 Section 39 (1) “Subject to the provisions of this section an employer shall within 7 days after having received notice of an accident or learned in some other way that an employee has met with an accident to the commissioner in a prescribed manner.

It is clear from the provision that it is the duty of the employer to report an accident at work.

What happens if there is failure to report?

Section 39(6) of the COIDA Act states that the employer who fails to report the accident as per s39 (1) of COIDA Act shall be guilty of an offence. The penalty for such conviction shall be payment of a fine, or imprisonment for a period not exceeding one year (s99 COIDA). This shows that reporting a matter in a manner prescribed by the CIODA Act is a serious matter.

Further fines

The COIDA Act in s39(8) also states that the if the employer does not report the accident in a prescribed manner, in addition to the penalties given the employer may have a fine imposed on them “not more than the full amount of the compensation payable in respect of such accident”.

Conclusion

Injuries at work can be serious and it is the duty of the employer to report them in the manner prescribed by the COIDA Act. In the event of process failure, the employer may be convicted of an offence; sentenced to pay a fine; or face imprisonment. A further fine could be imposed upon the employer based on the compensation to be awarded to the injured employee.

An employer must take an active role when an employee is injured on duty by reporting the incident as soon as it is practical to do so. It is crucial that law, when injury happens, protects the employees, and this starts with the employer acting in a manner expected of them.

Disclaimer: This is not legal advice, it is a legal opinion by the attorney concerned, and it is advisable to consult an attorney of your choice directly.