Staff Transport Compliance in South Africa

The Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993) commonly referred to as COID or COIDA, gives employees a no-fault right to compensation for injuries, illnesses or death arising out of and in the course of their employment. Employers are required to register with the Compensation Fund and to hold a current Letter of Good Standing.

Ordinary commuting in an employee's own vehicle is generally excluded. However, when a business provides, arranges or pays for transport to and from the workplace as part of the employment arrangement, injuries that occur on that transport can fall within COIDA's scope. This is precisely why contracted staff transport sits in a compliance category of its own.

Under the National Land Transport Act, 2009 (NLTA) any vehicle carrying passengers for reward in South Africa must hold a valid operating licence issued by the relevant Provincial Regulatory Entity (PRE). The licence specifies the vehicle, the operator, the type of service (charter, scheduled, staff transport) and the routes or areas authorised.

Before contracting any staff transport provider, request:

• The operating licence number for each vehicle that will service your contract
• The authorised route or operating area
• The licence expiry date
• Confirmation that the operator is the registered holder

Operating without a valid licence is a criminal offence under the NLTA — and an enforcement action against your contractor can leave your staff stranded.

Section 8 of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) places a general duty on every employer to provide and maintain a working environment that is, as far as reasonably practicable, safe and without risk to health. Section 37 extends liability to acts or omissions of mandataries — including the transport contractors you appoint — unless the employer can show it took all reasonable steps to ensure compliance.

For staff transport, "reasonable steps" typically include:

• Documented contractor vetting at appointment, and at least annually thereafter
• A written service-level agreement covering vehicle standards, driver credentials and incident reporting
• Evidence of valid public passenger liability insurance
• A driver hours / fatigue policy aligned to your shift patterns
• A documented incident reporting and investigation procedure

Drivers of vehicles carrying passengers for reward must hold a valid Professional Driving Permit (PrDP) in the "P" category, issued under the National Road Traffic Act. Vehicles with more than 12 passengers require the driver to hold the appropriate code (C1 or above) on their driving licence. Every vehicle must carry a valid roadworthy certificate, current licence disc and the operator's NLTA operating licence.

Insist on copies of these documents on appointment, and on a quarterly cycle thereafter. Expired PrDPs or roadworthies are the single most common finding in third-party staff-transport audits.

Use this list when shortlisting a staff transport partner. A compliant contractor should produce every item without hesitation.