South Africa progresses to Publish Regulations on Hazardous Chemicals

Through the Ministry of Employment and Labour under the Occupational Health and Safety Act, 1993, on 29 March 2021, the government of South Africa finally published its regulations concerning Hazardous Chemical Agents. This is a supersession of the country’s 1995 law of the Hazardous Chemical Substances Regulations which was published through the Government Notice (GN) No. 1179 of August 25, 1995.  The changes to the regulation are to align with globally accepted practices, for instance, concerning the UN Globally Harmonized System (GHS). Under the regulation, manufacturers and importers of chemical agents are expected to classify and provide Safety Data Sheets (SDSs), labels, and packaging according to GHS. Some categories were excluded, they include:

• Explosives - all categories
• Acute toxicity (oral, dermal, inhalation) Category 5
• Skin corrosion/irritation, Category 3
• Serious eye irritation/damage, Category 2B
• Hazardous to the aquatic environment short-term (acute), Categories 2 and 3
• Hazardous to the aquatic environment short-term (chronic), Categories 3 and 4

Who does it apply to?

The regulation applies to employers and self-employed individuals, including manufacturers, importers, and suppliers exposed to these Hazardous Chemical Agents while on the job. The exemption to the regulation’s applicability is in cases where the lead regulations or asbestos abatement regulation apply. The regulation also expects the following from employers:

• Providing employees with the necessary Personal Protective Equipment (PPE);
• Conduct training with employees that may be exposed to hazardous chemicals during their, including on GHS labels, signage and SDSs;
• Undertake routines such as air monitoring to measure exposure to substances at workplaces and to warrant that employees stay below the threshold as specified in the annexes.

The new regulation calls for new safety obligations, chemical prohibitions, classification and labelling requirements. Companies have, therefore, been granted an eighteen (18) month transition period after which the regulation will take effect from September 29, 2022.