Draft Compensation for Occupational Diseases in Mines and Works Bill Published

Posted 05 November 2026 Written by Acts Online
Category Health

Brought to you by SA Legal Academy: The Department of Health has gazetted the draft Compensation for Occupational Diseases in Controlled Mines & Controlled Works Bill for public comment, initiating the process to replace the existing statutory compensation framework for the mining industry.

Published following approval at the Cabinet meeting of 23 September 2026, the draft Bill is intended to repeal and replace the Occupational Diseases in Mines and Works Act, No. 78 of 1973. The deadline for submitting written public representations and comments is 3 February 2027.

Key Statutory Mechanisms

The proposed legislative framework applies to controlled mines and controlled works, defined as operations where employees face exposure to dust, airborne pollutants, or other environmental occupational health hazards commonly associated with compensable lung diseases. The draft Bill provides for:

  • The establishment, governance, objects, and administrative functions of a new controlled mines and controlled works compensation authority, mandated to evaluate, assess, and determine compensation claims for specified diseases contracted by sector employees;
  • The creation and statutory management of a dedicated controlled mines and controlled works compensation fund;
  • Enhanced administrative and regulatory mechanisms to strengthen the identification, tracking, medical surveillance, and clinical assessment of current and former mineworkers diagnosed with compensable conditions; and
  • Direct measures to accelerate and improve access to compensation awards and ancillary support services for affected employees and their eligible dependants.

What this means for you, your business, or your clients

  • For yourself: Occupational health and legal practitioners advising natural resources clients must examine the proposed claim determination procedures to prepare formal public comments ahead of the 3 February 2027 deadline.
  • For your business: Mining houses, processing plants, and works operators must audit workplace hazard classifications, dust-exposure mitigation controls, and anticipated levy or funding liability under the proposed compensation fund.
  • For your clients: Claimant mineworkers, organised labour, and industry bodies must verify how the newly proposed compensation authority will transition unresolved claims and simplify evidentiary burdens relative to the 1973 statute.

Originally published at https://legalacademy.co.za/news/read/mines-and-works-occupational-diseases-legislation-to-be-replaced

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