The out-of-office replies are off, the inbox is fighting back, and just in case anyone thought January eased us gently into the year… the law clearly didn’t get the memo. While we were rebooting, legislators were busy tweaking, amending, correcting and rolling out a solid stack of new rules.
This update brings a mix of the quietly important and the properly significant: draft regulations on farm feeds, a small-but-worth-noting correction to lifting machine training requirements, and — finally — the COIDA amendments stepping firmly into force. Think more inspectors, fewer criminal charges but sharper administrative penalties, longer exposure for employers, and a lot more attention needed around transport, contractors and return-to-work programmes.
And because no month is complete without a municipal refresh, a wave of new and amended by-laws has landed across the country — covering air quality, water, waste, traffic, parks, nature reserves, events, fire safety and even animal keeping. If it moves, lifts, emits, transports, gathers or grazes, there’s probably a new rule for it.
In short: welcome back. The year is officially underway, the regulatory landscape has shifted, and this newsletter is your friendly guide to what’s changed — before it becomes urgent.
ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT OF WHAT HAPPENED IN JANUARY 2026
(SOUTH AFRICA) 10TH OF FEBRUARY 2026
Download link: Monthly SHE and Foodstuffs Legal Newsletter of what happened in January 2026
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act
- Draft Regulations relating to Farm Feeds
Draft Regulations were released for public comment. Should they enter into force the following will be repealed:
- Regulations relating to Farm Feeds, GN R 1087 of 2006
- Regulations relating to Farm Feeds Undesirable Substances, GN R 70 of 2010.
HEALTH AND SAFETY LEGISLATION
2) Occupational Health and Safety Act
- Driven Machinery Regulations, 2015: Incorporation of National Code of Practice for the Training Providers of Lifting Machine Operators, 2024 – Correction notice
The November 2024 Code of Practice describes training requirements for operators of various lifting machines identified in it, as well as duties of training providers, course content etc.
A one page correction notice was published in January 2026 to make minor drafting amendments. Actual training requirements etc remain the same, and as such the correction notice is only marginally relevant. The notice is vague in places and it is possible that a further notice may be issued setting out the exact changes.
Legal register subscribers can see the changes as well as our comments in the uploaded amended law.
3) Compensation for Occupational Injuries and Diseases Act
Most of the changes introduced by the Compensation for Occupational Injuries and Diseases Amendment Act, 10 of 2022, finally entered into force on 23 January and 1 February 2026, or will do so on 1 April 2026.
Only section 1(g) of the Amendment Act, and section 1(h) in so far as it relates to subparagraphs (i), (ii) and (iii) of the definition of “employee”, are not yet in force.
The following was taken from a Webber Wentzel update report (https://www.webberwentzel.com/News/Pages/coida-amendments-take-effect-what-employers-need-to-know.aspx):
Inspections and compliance orders
Chapter XA introduces a new inspectorate framework. The Commissioner may appoint inspectors to monitor and enforce compliance by conducting inspections, investigating complaints, and issuing compliance orders. Inspectors may enter workplaces, require disclosure under oath, inspect and copy records, remove documents or machinery, and question persons. Employers must co-operate and answer truthfully; answers may not be used in criminal proceedings except for perjury. Non-compliance may result in compliance orders specifying contraventions, corrective steps, timeframes, and maximum fines. The Commissioner may apply to the Labour Court to convert non-complied orders into court orders.
Administrative penalties replace criminal offences
Non-compliance with specified sections now attracts administrative penalties rather than criminal prosecution.
A failure to report accidents within 7 days incurs a penalty equal to full compensation payable plus interest from the accident date. A failure to pay the first three months’ temporary disablement compensation attracts a penalty of double the three-month amount plus interest. A failure to provide required conveyance results in a penalty equal to full conveyance cost. Record-keeping failures attract penalties up to 10% of actual or estimated annual assessments, with records retained for five years and produced on demand.
Extended prescription period (12 months to 3 years)
The prescription period extends from 12 months to three years from the accident date, significantly increasing employers’ exposure to latent claims and requiring enhanced document retention and incident-tracking protocols.
Broader travel/conveyance liability
Section 22 deems conveyance by or on behalf of the employer (by any mode of transportation in furtherance of the employer’s business) to occur in the course of employment, from designated pick-up to drop-off. Compensation is payable notwithstanding serious and wilful misconduct.
Employers should review transport arrangements, pick-up/drop-off protocols, and contractor transport agreements for compliance.
Rehabilitation and return-to-work obligations
Chapter VIIA requires the Compensation Fund (or individually liable employer/licensee) to provide clinical, vocational, and social rehabilitation. Section 85(3) permits assessment rebates for favourable accident records or participation in prescribed rehabilitation programmes.
Employers should implement structured return-to-work and rehabilitation programmes to access potential assessment rebates. To this end, draft Rehabilitation, Reintegration and Return to Work Regulations were published on 15 June 2023 by the Department of Employment and Labour (DEL). These draft regulations provide context on the new and significant obligations for employers to fulfil in this regard. The final version of the draft regulations should be expected following this development.
Contractor/sub-contractor liability
Section 89 requires sub-contractors to register and pay assessments; failing which, their employees are deemed employees of the contractor (who becomes liable). The contractor has statutory recovery rights, and the Commissioner may recover from either party.
Employers should require proof of COIDA registration and assessment payment from sub-contractors and incorporate contractual indemnities.
Assessment payment, interest and enforcement
Assessments must be paid within 30 days (or in approved instalments). Interest is payable on overdue assessments at a commissioner-determined rate (capped by the Prescribed Rate of Interest Act). Section 87 introduces 10% penalties and routes enforcement through compliance mechanisms.
Key takeaways for employers
The amendments introduce a comprehensive enforcement regime with administrative penalties replacing criminal prosecution for non-compliance.
Employers face significantly extended exposure through the three-year prescription period and expanded liability for employer-provided transport.
The new inspectorate framework grants broad powers to enter workplaces, compel disclosure under oath, and issue compliance orders enforceable through the Labour Court.
Employers must retain records for five years, meet strict seven-day accident reporting deadlines, and pay the first three months’ temporary disablement compensation to avoid substantial penalties calculated on full compensation amounts plus interest.
The rehabilitation provisions create both obligations and opportunities, requiring structured return-to-work programmes while offering potential assessment rebates for participation.
Contractor arrangements demand heightened scrutiny, with employers bearing liability where sub-contractors fail to register or pay assessments.
Immediate action is required to update record-keeping systems, strengthen accident reporting protocols, prepare for inspector engagement, audit temporary disablement payment processes, implement rehabilitation frameworks, enhance contractor onboarding procedures, and review transport policies to ensure compliance with the staggered commencement dates.
PROVINCIAL LEGISLATION
No relevant provincial legislation was passed this month.
MUNICIPAL LEGISLATION
4) Gert Sibande District Municipality
The new Air Quality Management published on 4 July 2025 took effect on 4 January 2026. At the same time, the 2014 Air Quality Management By-law was repealed.
5) Nkomazi Local Municipality
The 2014 Water Services By-law was replaced by the new Water Supply Services By-law.
6) City of Johannesburg
- Public Open Spaces By-law: The 2003 by-law was amended.
- Nature Reserves By-law: This new by-law was passed.
7) Harry Gwala District Municipality
The municipality published the
- Air Quality Management By-law
- Municipal Health Services By-law (which repeals the 2021 Municipal Health By-law).
8) uPhongolo Local Municipality
These new relevant by-laws came out:
- Waste By-law
- Traffic By-law (this repeals the earlier By-law relating to Traffic)
- Regulation of Parks and Open Spaces By-laws (this repeals the earlier by-law with the same title).
9) Cederberg Local Municipality
The following by-laws were released:
- By-law relating to Events
- Commonage By-law
- Community Fire Safety By-law
- Animal Keeping and Impounding By-law.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE