South Africa
Occupational Health and Safety Act, 1993
Regulations for Hazardous Chemical Agents, 2020
Government Notice R280 of 2021
- Published in Government Gazette 44348 on 29 March 2021
- Assented to on 3 March 2021
- There are multiple commencements
- [This is the version of this document from 29 March 2021.]
Provisions | Status |
---|---|
Section 1–13, section 15–18 |
commenced on 29 March 2021.
Note: See section 18(2) |
Section 14–14D |
commenced on 29 September 2022.
Note: See section 18(2) |
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates–"air monitoring" means the monitoring of the concentrations of airborne hazardous chemical agents;"Asbestos Abatement Regulations" means the Asbestos Abatement Regulations, 2020, published as Government Notice No. R11196 of 10 November 2020 under section 43(1) of the Act;"assessment" means a programme to determine any risk from exposure to an HCA associated with the workplace in order to identify the steps needed to be taken to remove, reduce or control such HCA;"BEI" or "biological exposure index" is a value for assessing biological monitoring results, intended as a reference guideline for the likelihood of adverse health effects, and generally represents the level of determinants that are most likely to be observed in specimens collected from healthy employees who have been exposed to HCAs with inhalation exposure at the occupational exposure limit, as listed in Table 4 of Annexure 2 hereby, as revised from time to time and published in the Gazette;"carcinogen" or "CARC" means any chemical agent or mixture which induces cancer or increases its incidence, classified by the GHS as–2. Scope of application
3. Information, instruction and training
4. Duties of persons who may be exposed to hazardous chemical agents
Every person who is or may be exposed to an HCA must obey a lawful instruction given by or on behalf of the employer or self-employed person regarding–5. Assessment of exposure
6. Air monitoring
7. Medical surveillance
8. Respirator zone
An employer must ensure–9. Records
An employer must–10. Control of exposure to hazardous chemical agents
11. Personal protective equipment and facilities
12. Maintenance of control measures
An employer must ensure–13. Prohibitions
No person may, as far as is reasonably practicable–14. Classification of hazardous chemical agents
The manufacturer or importer of a chemical agent must, before it is supplied to a workplace–14A. Safety data sheet
14B. Labelling of hazardous chemical agents
14C. Packaging of hazardous chemical agents
14D. Disclosure of ingredient identity
15. Disposal of hazardous chemical agents
An employer must, as far as is reasonably practicable–16. Offences and penalties
Any person who contravenes or fails to comply with any provision of regulation 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,14, 14A, 14B, 14C or 14D shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months and, in the case of a continuous offence, to an additional fine of R500 for each day on which the offence continues or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall in no case exceed 90 days.17. Repeal of regulations
18. Short title and commencement
History of this document
29 September 2022
Commenced
Note: See section 18(2)
29 March 2021 this version
Commenced
Note: See section 18(2)
03 March 2021
Assented to