Occupational Health and Safety Act, 1993
Regulations for Hazardous Biological Agents, 2022
Government Notice R1887 of 2022
- Published in Government Gazette no. 46051 on 16 March 2022
- Assented to on 3 March 2022
- Commenced on 16 March 2022
- [This is the version of this document from 16 March 2022.]
1. DefinitionsIn these Regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise—"biohazard" means any potential laboratory source of harm caused by biological agents, microbial by-products or metabolites;"biological agent" means any microorganism, microbial by-products or metabolites, cell or organic material with plant, animal or human origin, including any which have been genetically modified;"competent person" means a person who has, in respect of the work or task to be performed, the required knowledge, training, experience and, where applicable, qualifications specific to HBAs;"control measures" means measures that remove, prevent or reduce the exposure of persons to HBAs at the workplace;"decontamination" means the procedure that eliminates or reduces biological agents to a level that does not cause harm with respect to the transmission of infection or other adverse effects;"disinfect" means to render non-viable virtually all recognised pathogenic microorganisms, but not necessarily all microbial forms;"Facilities Regulations" means the Facilities Regulations, 2004, as published in Government Notice No. R. 924 of 3 August 2004;"HBA" means a hazardous biological agent which may cause an infection, allergy or toxicity or otherwise create a risk to human health, subdivided into the following groups:(a)Group 1 HBA, an HBA that is unlikely to cause human disease;(b)Group 2 HBA, an HBA that may cause human disease and be a hazard to exposed persons, which is unlikely to spread to the community and for which effective prophylaxis and treatment is usually available;(c)Group 3 HBA, an HBA that may cause severe human disease, which presents a serious hazard to exposed persons and which may present a risk of spreading to the community, but for which effective prophylaxis and treatment is available; and(d)Group 4 HBA, an HBA that cause severe human disease and is a serious hazard to exposed persons and which may present a high risk of spreading to the community, but for which no effective prophylaxis and treatment is available;"laboratory" means a room or part of a building equipped for experimentation, research, testing or manufacture of drugs or chemicals or which may manipulate microbiological agents;"microorganism" means a microbiological entity, cellular or non-cellular, capable of replication or transferring genetic material;"monitoring" means the planning and carrying out of a measurement programme and the recording of the results thereof;"respiratory protective equipment" means a device which is worn over at least the mouth and nose to prevent the inhalation of airborne HBAs, and which conforms to a standard, acceptable to the chief inspector;"safety equipment" means equipment which is designed to prevent exposure to HBAs;"standard precautions" means a synthesis of the major features of Universal Precautions (UP) and Body Substances Isolation (BS1) and applies to all persons coming into contact with potentially infected persons, animals or animal products and potentially contaminated blood and other fluids in the workplace and—(a)apply to—(i)all blood;(ii)all body fluids, secretions and excretions, except sweat, regardless of whether they contain visible blood or not;(iii)non-intact skin;(iv)mucous membrane; and(v)tissues; and(b)are designed to reduce the risk of transmission of HBAs from both recognised and unrecognised sources of exposure to HBAs in the workplace;"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);"Universal Precautions" means an approach to infection control to treat all human blood and certain human body fluids as if they were known to be infectious for HIV, HBV and other blood-borne pathogens;"ventilation" means the process of supplying or removing air to or from an indoor space for the purpose of controlling air contaminants level, humidity or temperature within the space; and"verification" means the process of establishing the accuracy or validity of something.
2. Scope of application
3. Classification of biological agents
4. Information, instruction and training
5. Duties of persons who might be exposed to HBAs
6. Risk assessment for HBAs
7. Exposure monitoring of HBAs
8. Medical surveillance
10. Prevention and control of exposure to HBAs
11. Personal protective equipment and facilities
12. Maintenance and verification of control measures, plant machinery and facilitiesThe employer must ensure that—
14. Labelling, packaging, transporting and storageAn employer or self-employed person must, as far as is reasonably practicable, take steps to ensure that—
15. Disposal of HBAsAn employer or self-employed person must—
16. HBAs health and safety technical committee
17. Offenses and penaltiesAny person who contravenes or fails to comply with any provision of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 will be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months and, in the case of a continuous offence, to an additional fine of R200 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.
18. Withdrawal of regulationsThe Regulations for Hazardous Biological Substances, 2001, published as Government Notice No. R. 1390 of 27 December 2001, are hereby withdrawn.
19. Short titleThese Regulations are called the Regulations for Hazardous Biological Agents.
History of this document
16 March 2022 this version
Published in Government Gazette number 46051
03 March 2022