MINES AND WORKS: OCCUPATIONAL DISEASES LEGISLATION TO BE REPLACED

The Department of Health has gazetted and called for input on a draft Compensation for Occupational Diseases in Controlled Mines & Controlled Works Bill. The deadline for comment is 3 February 2027.

Intended to repeal and replace the 1973 Occupational Diseases in Mines & Works Act, the proposed new piece of legislation seeks to:

provide for the establishment, objects and functions of a ‘controlled mines and controlled works compensation authority’ tasked with assessing and determining compensation in respect of ‘certain diseases’ contracted by sector employees, and to

establish a ‘controlled mines and controlled works compensation fund’.

This is noting that a controlled mine or works is one where employees are exposed to dust, airborne pollutants or other occupational health hazards commonly associated with lung diseases for which compensation may be claimed.

According to a media statement on the 23 September 2026 Cabinet meeting at which the draft Bill was approved, it is expected to:

‘strengthen the identification, tracking, medical assessment and compensation of current and former mineworkers diagnosed with compensable occupational diseases’, and

improve ‘access to benefits and related services for affected workers and their dependents’.

Published by SA Legal Academy Policy Watch

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