February 9, 2026

When compliance stops being background noise For years, COIDA sat quietly in the background. Employers registered, submitted returns, and carried on with business. Unless a serious injury occurred, it rarely demanded attention. That has changed. Most of the 2026 amendments commenced on 23 January 2026, with specific provisions following on 1 February 2026 and 1 April 2026. What was once a largely administrative regime now carries real-world enforcement, sharper timelines, and penalties that actually bite. COIDA is no longer passive, and employers can no longer afford to be either. What’s changed—and why it matters 1. Longer window to claim (and more exposure for you) Employees now have three years to lodge an injury or disease claim (up from a year in practice), meaning poorly recorded or unresolved incidents can resurface long after they occurred, creating avoidable compliance and financial exposure. If your incident capture and record‑keeping are weak, your risk profile just went up. 2. Coverage is broader and explicit Including subcontractors and domestic workers COIDA applies wherever someone works for you, including domestic workers. Using subcontractors doesn’t insulate you: if a contractor (or their subs) isn’t COIDA‑compliant, responsibility can shift back to the party who arranged the work. There are no remaining grey areas: if work is performed for you, you carry COIDA exposure unless you’ve checked (and can prove) everyone’s status. COIDA exposure must be understood and managed. 3. Reporting deadlines and penalties are now real COIDA has moved away from rarely used criminal sanctions and now relies on administrative penalties that are easier to impose and more likely to be enforced. Fail to report an accident to the Commissioner within 7 days and you face an administrative penalty of 10% of actual or estimated annual earnings for that year. Knowingly fail to report within 7 days, and you can be hit with a penalty equal to the full amount of compensation payable plus interest from the date of the accident. Refuse to provide requested additional information and the 10% penalty applies again. What once felt like paperwork now carries real consequences and paperwork delays are now expensive. 4. Inspections have teeth (and can happen anytime) Inspectors have wider powers to enter workplaces, examine and copy records, require disclosures, issue compliance orders, and escalate to the Labour Court. COIDA compliance can now be assessed even without a triggering incident. Treat yourself as “always audit‑ready.” 5. Transport you organise can trigger liability Employer-arranged transport, including informal lifts or regular pick-ups, can trigger COIDA exposure and may arise from pick‑up to drop‑off: coverage starts when the employee arrives at the employer‑designated pick‑up point and ends at the employer‑designated drop‑off. If you provide lifts or run shuttles, your “workday risk” might begin long before the clock does. 6. Road accidents and the RAF—clearer boundaries The amendment of Number 18 – section 36 – subsection (5) expressly excludes the Road Accident Fund (RAF) from being treated as a “third party” against whom the Compensation Fund or a licensed insurer may claim recoupment of damages or compensation paid under the Act. Also, subsection (6) states that an employee is not entitled to COIDA benefits where a road accident did not arise out of and in the course of employment. The lines are drawn to prevent double‑dipping and to focus on work‑related causation. 7. Medical reports and reimbursement Where an employee obtains a medical report at their own expense under the relevant section, the Compensation Fund, acting through the Commissioner, is responsible for reimbursing the full cost once the report is received and accepted. In practice, however, the employer remains procedurally involved: the report must be linked to a valid COIDA claim, supported by the required accident and employment documentation, and properly submitted into the claim process. Budget, process and documentation should anticipate this. 8. Record‑keeping is now a protection tool (and a penalty risk) Employers must retain all required COIDA-related records for five years and produce them on request. Failure brings a penalty of 10% of the actual or estimated annual assessment for the period you failed to keep records. Incomplete files are no longer minor oversights—they’re liabilities. 9. Compensation decisions aren’t “once and done” For permanent disability, the Commissioner may review claims at any time (as contemplated under section 90). Expect more active post‑award oversight. 10. “Earnings” definition is changing—watch the commencement The amended definition of “earnings” is aligned to the Income Tax Act’s Fourth Schedule, but that specific change has not yet commenced. When it does, it will materially affect assessments, compensation calculations and how penalties are computed. Track this closely to prevent downstream recalculations. 11. Rehabilitation and return‑to‑work are expected, not optional The Act’s emphasis on rehabilitation, reintegration and modified duties is clear. Employers are expected to cooperate in rehabilitation and actively support a safe return to work where reasonably possible—across temporary and permanent injuries. Build this into your IOD workflow. 12. Mandators and contractors—no more grey zones The amendments clarify mandators (principals) and contractors/sub‑contractors: ensure all are registered with the Compensation Fund. An employer may pay on behalf of mandators/contractors and then recover those amounts. Principal contractors must verify downstream compliance before a spade hits the ground. What will affect your IOD procedures the most What employers should be doing now At a minimum, employers should: If these have not been reviewed since the amendments, compliance is likely lagging behind the law. Appendix: commencement map (high level) Note on “earnings”: The amendment aligning the COIDA “earnings” definition with the Income Tax Act (Fourth Schedule) has not yet commenced—track the official notice to know when to switch your calculations. How Pinion helps COIDA is louder now, and “we’ll sort it out when it happens” is a costly strategy. Pinion helps employers stay ahead of enforcement with practical systems that withstand inspections: stronger OHS controls to reduce incidents, structured injury and rehabilitation management to cut downtime, and COIDA processes that hold up under scrutiny—reporting timelines, record‑keeping, contractor checks and transport risk included. Pinion also supports employers with input into COIDA-related