The Minister of Employment and Labour recently published various sets of regulations under the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA) which came into effect on 6 March 2026, including the Rehabilitation, Reintegration and Return‑to‑Work Regulations (RRR2W Regulations). The publication of these regulations follows the proclamation notice in January 2026, which brought into effect various amendments to COIDA. For a recap on these amendments, see our infographic here.
The RRR2W Regulations, which give effect to the new section 70A of COIDA, introduce a comprehensive, collaborative, person‑centred framework aimed at supporting employees who have sustained occupational injuries or contracted occupational diseases to return to the workplace safely and sustainably. We address some of the key features of the RRR2W Regulations below:
Appointment of employee health and wellness representatives
Employers or employers individually liable must designate a Health and Wellness Representative (H&W Representative) to act as a liaison officer between the Compensation Fund/ Licensee, the affected employees and medical and rehabilitation service providers. ‘Employers individually liable’ are those who, in terms of section 84 of COIDA, are exempt from paying assessments to the Compensation Fund.
The H&W Representatives must possess the requisite knowledge, skills and competencies to exercise the listed functions, including coordinating and monitoring rehabilitation efforts, collaborating with the Rehabilitation Case Manager, accessing medical and rehabilitation reports (with consent), supporting   employees,  coordinating the provision of assistive devices and technology, and maintaining confidential case files.
Enrolment into Rehabilitation and Return-to-Work Programme
Where an employee suffers a permanent or temporary total disablement because of an occupational injury or disease, the Compensation Fund/ Licensee/ employer individually liable must, with the consent of the employee, provide the employee with access to rehabilitation programmes to assist in restoring the employee’s health, independent living and participation in the labour market and society.
The Compensation Fund/ Licensee/ employer/ employer individually liable may approve the referral for the Rehabilitation, Reintegration and Return-to-Work Programme upon the recommendation of the employer’s H&W Representative or a healthcare service provider. The requirements for enrolment are that the liability for the accident or disease must be duly accepted by the Fund/ Licensee; and the injury must be classified as a temporary and/or permanent disablement as defined in section 1 of COIDA. Before providing rehabilitation, the employee may be required to undergo assessments and cooperate with the Fund/ Licensee/ employer/ employer individually liable, as the case may be, in developing and implementing an individual rehabilitation plan.
Role of Rehabilitation Case Managers
Rehabilitation Case Managers would be appointed by the Compensation Fund/ Licensee to execute a variety of functions, including to set guidelines for referrals of affected employees to the relevant multi-disciplinary rehabilitation team, coordinate multi‑disciplinary interventions, approve rehabilitation plans, track return‑to‑work progress and report on outcomes.
Expanded employer obligations
An employer or employer individually liable must facilitate access to rehabilitation for employees who have sustained or contracted occupational injuries or diseases and assist in their reintegration into the workplace as far as reasonable practicable. In so doing, the employer has a number of obligations, including, among others:
- facilitating required access and assistance to enable a case manager to perform their functions;
- establishing and maintaining a secure and readily accessible data system containing relevant health and rehabilitation information and submitting reporting data on enrolled Rehabilitation, Reintegration and Return-To-Work cases to the Fund/ Licensee in the prescribed manner on an annual basis;
- keeping Rehabilitation, Reintegration and Return-to-Work reports for a period of not less than 30 years;
- including workplace Rehabilitation, Reintegration and Return-to-Work provisions into their applicable human resources policies;
- integrating workplace Rehabilitation, Reintegration and Return-to-Work cases into relevant internal structures to implement and monitor the programme within the workplace;
- facilitating access to vocational guidance, skills development initiatives, and job placement opportunities; and
- providing reasonable accommodation and transitional/temporary work to allow affected employees to work safely in the return-to work process;
In addition, employers may not dismiss an employee based on incapacity, reduce her/his rate of remuneration, or alter terms and conditions to those that are less favourable, as a result of being injured on duty or contracting an occupational disease, without adhering to labour legislation and notifying the Fund/ Licensee of its intention to do so. Should an employee be dismissed, the employer must report this to the Chief Inspector and the Fund/ Licensee in writing, stating the reasons for dismissal Further, the employer is required to notify the Fund/ Licensee in writing about the resumption of duty or inability to retain the employee after reasonable efforts have been made to preserve the employment of the affected employee.
Employer rebate for including Rehabilitation, Reintegration and Return‑to‑Work provisions in HR policies
An employer may qualify for a section 85(3) rebate if it participates in the rehabilitation of employees and includes its Rehabilitation, Reintegration and Return‑To‑Work procedures into its applicable HR policies. The HR policy provisions must be freely accessible and communicated to all employees in writing and contain certain prescribed features.
Employee obligations in relation to enrolment into Rehabilitation and Return‑to‑Work Programmes
Where affected employees have consented to participate in Rehabilitation, Reintegration and Return-to-Work programmes, they are then required to avail themselves and participate actively. They will be required to return to their pre‑injury roles and perform pre-injury duties, where functionally and medically reasonable; and to accept an offer of reasonable accommodation by the employer (which can include alternative job placement, with or without assistive devices, technology, or duties) where this is part of an agreed Return‑To‑Work plan.
Cost of rehabilitation and compensation benefits
The costs for clinical and social rehabilitative and assistive devices and technology for beneficiaries with a permanent or temporary total disablement shall be borne by the Compensation Fund/ Licensee/ employer individually liable. The costs of non-clinical vocational rehabilitation for employees who returned to work shall, however, be borne by the employer/ employer individually liable, including the costs of reasonable accommodation.
Despite the benefits mentioned above, affected employees would still be entitled to receive compensation benefits payable under the COIDA, with the necessary adjustments as deemed to be equitable in the circumstances of each case.
Key takeaways for employers
With the RRR2W Regulations now in force, employers are encouraged to take steps to put the necessary policies and procedures in place, so that they will be ready to implement the RRR2W Regulations when faced with an occupational injury or disease in the workplace.
