REGULATIONS FOR HAZARDOUS CHEMICAL AGENTS, 2021 PUBLISHED

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REGULATIONS FOR HAZARDOUS CHEMICAL AGENTS, 2021 PUBLISHED

Notice Title: Occupational Health and Safety Act, 1993: Regulations for Hazardous Chemical Agents 2021
Government Notice: GN R280 in GG 44348 on 29 March 2021
Commencing date: 29 March 2021

On 29 March 2021, the Minister of the Department of Employment and Labour published the Regulations for Hazardous Chemical Agents, 2021 (“the Regulations”). Regulation 17(1) of the Regulations repealed the Hazardous Chemical Substances Regulations, 1995 (GN R1179 of 25 August 1995). In terms of the transitional provisions in regulation 18(2) Regulations 13(d), 14, 14A, 14B, 14C, 14D; Annexure 1, Tables 1, 2, 3, 4 and 5; and Annexure 2, Tables 1, 2, 3 and 4 will only come into effect on 29 September 2022 (18 months after the promulgation of the Regulations).

For a copy of the Government Gazette Notice click here

How to ensure compliance at my operations?

The Regulations have been aligned with the global practice in terms of the UN Globally Harmonised System. The changes from the Hazardous Chemical Substances Regulations, 1995 include, inter alia:

  • The inclusion of new definitions (“Carcinogen” or “CARC”; “CAS Number” or “chemical identity”; “chemical agent”; “consumer product”; “container”; “cut-off value” or “GHS cut-off value” or “GHS concentration limit”, “Hazardous Chemical Agent” or “HCA”, etc)
  • More comprehensive training requirements on Hazardous Chemical Agents (“HCA”).
  • Specific requirements relating to hazardous chemical agents to be included in mandatory agreements made in terms of section 37(2) of the Occupational Health and Safety Act 85 of 1993.
  • The prohibition on the manufacturing, procurement, use, handling, or storage in the workplace of prohibited hazardous chemical agents, ozone-depleting substances and prohibited persistent organic pollutants.
  • Classification of chemical agents as hazardous chemical agents by the manufacturer or importer of such chemical before it is supplied in the workplace.
  • Preparation of Safety Data Sheet by the importer or manufacturer before manufacture, and if it is not reasonably practicable, immediately after manufacture but before import.
  • More detailed labelling requirements for hazardous chemical agents.
  • More detailed packaging requirements for hazardous chemical agents.

Annexure 1 –to Annexure 3 have been included in the Regulations. Annexure 1 includes tables that set out Globally Harmonised System Hazard Classes (Physical, Health and Environmental Hazards). Annexure 2 provides tables that set out Prohibited HBA’s, Occupational Exposure Limits and Biological Exposure Indices for HCA’s.  Annexure 3 provides guidelines on HCA’s.

How can Shangoni assist with compliance?

All operations where employees and contractors may be exposed Hazardous Chemical Agents must ensure compliance to the new Regulations. Shangoni can assist your operation to update current risk assessments to align it with the requirements of the new Regulations. Shangoni can also assist with the development of Hazardous Chemical Agents operating procedures and training material.

For more information please contact Gert van der Waal at Gert@shangoni.co.za

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