HAZARDOUS CHEMICALS IN THE WORKPLACE
HAZARDOUS CHEMICALS IN THE WORKPLACE
NEW DRAFT REGULATIONS FOR OCCUPATIONAL HEALTH & SAFETY
5 April 2024 - Minister for Employment and Labour has recently given notice of his intention to promulgate the DRAFT REGULATIONS FOR HAZARDOUS CHEMICAL AGENTS under section 43 of the Occupational Health and Safety Act 85 of 1993.
SCOPE OF THE REGULATIONS
The proposed regulations apply to :
an employer or a self-employed person who carries out work at a workplace which may expose any person to a Hazardous Chemical Agent (HCA) at the workplace, and
a manufacturer, importer, supplier or retailer of an HCA that is intended for use at a workplace.
The draft regulations cover inter alia, the following areas:
Classification of Hazardous Chemical Agents
Safety Data Sheets
Labelling, Packaging and Disposal of HCAs
Prevention or Control of Exposure to HCA
Medical screening and surveillance
Personal protective equipment and facilities
Respirator zones
Information, instruction and training
Record keeping by an Employer
Prohibitions
HCA RISK ASSESSMENT
The draft regulations impose an obligation on the Employer to immediately (and thereafter at 24 month intervals) carry out a Risk Assessment where an HCA is present in the workplace.
EXPOSURE MONITORING
Based on the HCA Risk Assessment for a Similar Exposure Group (SEG), an Employer is responsible for conducting Exposure Monitoring under certain conditions.
An employer must develop an action plan with appropriate corrective actions based on the recommendations in the risk assessment and exposure monitoring report.
OFFENCES
Non-compliance with the regulatory provisions constitute criminal offences.
DOWNLOAD the draft regulations here.
PUBLIC COMMENTS ON THE DRAFT REGULATIONS
Interested persons who wish to comment on the draft regulations are invited to do so in writing within by 28 June 2024.
All representations and comments must be sent to the Director-General of the Department of Employment and Labour.
Attention: E Lourens
email: DraftComments.OHH@labour.gov.za