2) Subject to the provisions of sub-regulation (2), these regulations shall apply to an employer or a self employed person who carries out work at a workplace which may expose any person to the intake of an HCS at the workplace.

3) The provisions of regulations 3(1), 6 and 7 shall not apply to:

1. a self employed person; or
2. a person who visits a workplace as contemplated in subregulation (1).

4) The provisions of these regulations shall not apply in the case where the Lead Regulations and Asbestos Regulations apply.

1) An employer shall, before any employee is exposed or may be exposed, after consultation with the health and safety committee established for that section of the workplace, ensure that the employee is adequately and comprehensively informed and trained, as well as thereafter informed and trained at intervals as may be recommended by that health and safety committee, with regard to:

1. the contents and scope of these regulations;
2. the potential source exposure;
3. the potential risks to health caused by exposure;
4. the potential detrimental effect of exposure on his or her reproductive ability;
5. the measures to be taken by the employers to protect an employee against any risk from exposure;
6. the precautions to be taken by an employee to protect himself against the health risks associated with such exposure, including the wearing and use of protective clothing and respiratory protective equipment.
7. the necessity, correct use, maintenance and potential of safety equipment, facilities and engineering control measures provided;
8. the necessity of personal air sampling and medical surveillance;
9. the importance of good housekeeping at the workplace and personal hygiene;
10. the safe working procedures regarding the use, handling, storage and labelling of the HCS at the workplace; and
11. procedures to be followed in the event of spillages, leakages or any similar emergency situation which could take place by accident.

2) An employer or self-employed person shall give written instructions of the procedures contemplated in paragraph (k) of subregulation (1) to the drivers of vehicles carrying the HCS.

3) An employer or a self employed person shall ensure that he himself or she herself or any other person who in any manner assists him or her in the carrying out or the conducting of his or her business, have the necessary information and has undergone sufficient training in order for him or her to identify the potential risks and precautions which should be taken.

Every person who is or may be exposed, shall obey a lawful instruction given by or on behalf of the employer or a self employed person, regarding:

1. the prevention of an HCS from being released;
2. the wearing of personal protective equipment;
3. the wearing of monitoring equipment to measure personal exposure;
4. the reporting for health evaluations and biological tests as required by these regulations;
5. the cleaning up and disposal of materials containing HCS;
6. housekeeping at the workplace, personal hygiene and environmental and health practices; and
7. information and training as contemplated in regulation 3.

1) An employer or self employed person shall after consultation with the relevant health and safety representative or relevant health and safety committee, cause an immediate assessment to be made and thereafter at intervals not exceeding two years, to determine if any employee may be exposed by any route of intake.

2) The employer shall inform the relevant health and safety representative or relevant health and safety committee in writing of the arrangements made for the assessment contemplated in subregulation (1), give them reasonable time to comment thereon and ensure that the results of the assessment are made available to the relevant representatives or committees who may comment thereon.

3) When making the assessment, the employer or self employed person shall keep a record of the assessment and take into account such matters as:

1. the HCS to which an employee may be exposed;
2. what effects the HCS can have on an employee;
3. where the HCS may be present and in what physical form it is likely to be;
4. the route of intake by which and the extent to which an employee can be exposed; and
5. the nature of the work, process and any reasonable deterioration in, or failure of, any control measures.

4) If the assessment made in accordance with subregulation (3) indicates that any employee may be exposed, the employer shall ensure that monitoring is carried out in accordance with the provisions of regulations 6 and 7 and that the exposure shall be controlled as contemplated in regulation 10.

5) An employer shall review the assessment required by subregulation (1) forthwith if:

1. there is reason too suspect that the previous assessment is no longer valid; or
2. there has been a change in a process involving an HCS or in the methods, equipment or procedures in the use, handling, control or processing of the HCS.

and the provisions of subregulations (2) and (3) shall apply.

1) Where the inhalation of an HCS is concerned, an employer contemplated in regulation 5(4) shall ensure that the measurement programme of the airborne concentrations of the HCS to which an employee is exposed, is:

1. carried out in accordance with the provisions of these regulations;
2. carried out only after the relevant health and safety representative or relevant health and safety committee has been informed thereof and given a reasonable opportunity to comment thereon;
3. carried out by an approved inspection authority or by a person whose ability to do the measurements is verified by an approved inspection authority;
4. representative of the exposure of employees to the airborne HCS in accordance with the provisions of subregulation (2); and
5. verified in accordance with the provisions of subregulation (3) if the measurements are carried out by a person who is not an approved inspection authority.

2) In order to comply with the provisions of subregulation (1).(d) an employer shall;

1. ensure that the measurement programme, in the case of a group measurement, makes provision for the selection of the number of persons for a sample to be done as contemplated in chapters 3 and 4 and Technical Appendix A of the OESSM: Provided that such sample size shall be chosen for the top 10% of the group at the 95% confidence level for an HCS with a control limit and for the top 10% of the group at th 90% confidence level for an HCS with a recommended limit; and
2. carry out the representative measurements at least every 12 months for an HCS with a control limit and at least every 24 months for an HCS with a recommended limit: Provided that whenever the control limit or recommended limit which has been prescribed for an HCS is exceeded, the provisions of regulation 10 shall apply.

3) In order to comply with the provisions of subregulation (1).(e), an employer shall obtain the service of an approved inspection authority who shall, at intervals not exceeding 24 months:

1. verify, by examining the measurement and analysis equipment of the employer and questioning the person referred to in subregulation (1).(c), regarding the carrying out of the measurement programme;
2. carry out the measurements prescribed by subregulations (1) and (2) for any one group; and
3. enter the results of the investigation and measurements as contemplated in paragraphs (a) and (b) respectively in the record required by regulation 9.

1) An employer shall ensure that an employee is under medical surveillance if:

1. the employee may be exposed to a substance listed in Table 3 of Annexure 1;
2. the exposure of the employee to any substance hazardous to his or her health is such that an identifiable disease or adverse effect to his or her health may be related to the exposure, there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his or her work and there are techniques to diagnose indications of the disease or the effect as far as is reasonably practicable; or
3. the occupational health practitioner recommends that the relevant employee should be under medical surveillance in which case the employer may call on an occupational medicine practitioner to ratify the appropriateness of such recommendation.

2) In order to comply with the provisions of subregulation (1) the employer shall, as far as is reasonably practicable, ensure:

1. that an initial health evaluation is carried out by an occupational health practitioner immediately before or within 14 days after a person commences employment, where any exposure exists or may exist, which comprises:

   1. an evaluation of the employees medical and occupational history;
   2. a physical examination; and

   3. any other essential examination which in the opinion of the occupational health practitioner is desirable in order to enable the practitioner to do a proper evaluation.

2. that subsequent to the initial health evaluation contemplated in paragraph (a) the relevant employee undergoes examinations as contemplated in paragraph (a)(ii) and (iii), at intervals noot exceeding two years, or at intervals specified by an occupational medical practitioner.

3) An employer shall not permit an employee who has been certified unfit for work by an occupational medicine practitioner to work in a workplace or part of a workplace in which he or she would be exposed:

Provided that the relevant employee may be permitted to return to work which will expose him or her if he or she is certified fit for that work beforehand by an occupational medicine practitioner.

4) The employer shall record and investigate the incident contemplated in subregulation (3) in compliance with regulation 8 of the General Administrative Regulations.

An employer shall ensure:

1. that any workplace or part of a workplace under his or her control, where the concentration of an HCSHCS in the air is. or may be, such that the exposure of employees working in that workplace exceeds the recommended limit without the wearing of respiratory protective equipment, is zoned as a respirator zone;
2. that a respirator zone is clearly demarcated and identified by notice indicating that the relevant area is a respirator zone and that personal protective equipment as contemplated in regulation 11 must be worn there; and
3. that no person enters or remains in a respirator zone unless he or she is wearing the required personal protective equipment.

1) An employer shall:

1. keep records of the results of all assessments, air monitoring, and medical surveillance reports required by regulations 5 , 6 and 7, respectively:

   Provided that personal medical records shall only be made available to an occupational health practitioner;

2. subject to the provisions of paragraph (c), make the records contemplated in paragraph (a), excluding personal medical records, available for inspection by an inspector.
3. allow any person subject to personal written consent of an employee, to peruse the records with respect to that particular employee;
4. make the records of all assessments and air monitoring available for perusal by the relevant health and safety representatives or relevant health and safety committee;
5. keep all records of assessments and air monitoring for a minimum period of 30 years;
6. keep all medical surveillance records for a minimum period of 30 years and if the employer ceases activities, all those records shall be handed over or forwarded by registered post to the relevant regional director; and
7. keep a record of the investigations and tests carried out in terms of regulation 12(1)(b) and of any repairs resulting from these investigations and tests, and the records shall be kept for at least three years.

1) An employer shall ensure that the exposure of an employee is either prevented or, where this is not reasonably practicable, adequately controlled:

Provided that

1. where there is exposure for which there is a recommended limit, the control of the exposure shall be regarded as adequate if the level of exposure is below that limit or if the relevant area is zoned and the level of exposure is reduced to below that recommended limit by means of adequate personal protective equipment only after the level has been reduced to as low as is reasonably practicable by any other means than personal protective equipment; or

2. where there is exposure for which there is a control limit, the control of the exposure shall be regarded as adequate if the exposure is at a a level as low as is reasonably practicable below that control limit: Provided that in the case of temporary excursions above the control limit, the employer shall ensure:

   1. that the excursion is without a significant risk from exposure;
   2. that the excursion is not indicative of a failure to maintain adequate control;
   3. that during the excursion, the area is temporarily demarcated as prescribed in regulation 8(b); and
   4. the provisions of regulation 11 are complied with.

2) Where reasonably practicable, the employer shall control the exposure of an employee:

1. by limiting the amount of an HCS used which may contaminate the working environment;
2. by limiting the number of employees who will be exposed or may be exposed;
3. by limiting the period during which an employee will be exposed or may be exposed;
4. by using a substitute for an HCS;

5. by introducing engineering control measures for the control of exposure, which may include the following:

   1. Process separation, automation or enclosure;
   2. the installation of local extraction ventilation systems to processes, equipment and tools for the control of emissions of an airborne HCS;
   3. use of wet methods; and

   4. separate workplaces for different processes;

6. by introducing appropriate work procedures which an employee must follow where materials are used or processes are carried out which could give rise to exposure of an employee and that procedures shall include written instructions to ensure:

   1. that an HCS is safely handled, used and disposed of;
   2. that process machinery, installations, equipment, tools and local extraction and general ventilation systems are safely used and maintained;
   3. that machinery and work areas are kept clean; and
   4. that early corrective action can be readily identified.

3) An employer shall ensure that the emission of an HCS into the atmosphere comply with the provisions of the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965).

1) If it is not reasonably practicable to ensure that the exposure of an employee is adequately controlled as contemplated in regulation 10, the employer shall:

1. in the case of an airborne HCS, provide the employee with suitable respiratory protective equipment and protective clothing; and
2. in the case of an HCS which can be absorbed through the skin, provide the employee with suitable non-HCS impermeable protective equipment.

2) Where respiratory protective equipment is provided, the employer shall ensure:

1. that the relevant equipment is capable of controlling the exposure to below the OEL for the relevant HCS;
2. that the relevant equipment is correctly selected and properly used;
3. that information, instructions, training and supervision which is necessary with regard to the use of the equipment is known to the employees; and
4. that the equipment is kept in good condition and efficient working order.

3) An employer shall, as far as is reasonably practicable:

1. issue no used personal protective equipment to an employee, unless the relevant protection equipment is decontaminated and sterilised;
2. provide separate containers or storage facilities for personal protective equipment when not in use; and
3. ensure that all personal protective equipment not in use is stored only in the place provided therefor.

4) An employer shall as far as is reasonably practicable, ensure that all contaminated personal protective equipment is cleaned and handled in accordance with the following procedures:

1. where the equipment is cleaned on the premises of an employer, care shall be taken to prevent contamination during handling, transport and cleaning;
2. where the equipment is sent off the premises to a contractor for cleaning purposes;
3. the equipment shall be packed in impermeable containers;
4. the containers shall be tightly sealed and have clear indication thereon that the contents thereof are contaminated; and
5. the relevant contractor shall be fully informed of the requirements of these regulations and the precautions to be taken for the handling of the contaminated equipment.

5) Subject to the provisions of subregulation (4)(b) an employer shall ensure that no person removes dirty or contaminated personal protective equipment from the premises: Provided that where contaminated personal protective equipment has to be disposed of, it shall be treated as HCS waste as contemplated in regulation 15.

6) Subject to the provisions of the Facilities Regulations, an employer shall, where reasonably practicable, provide employees using personal protective equipment as contemplated in subregulation (1), with:

1. adequate washing facilities which are readily accessible and located in an area where the facilities will not become contaminated, in order to enable the employees to meet a standard of personal hygiene consistent with the adequate control of exposure, and to avoid the spread of an HCS;
2. two separate lockers separately labelled 'protective clothing' and 'personal clothing', and ensure that the clothing is kept separately in the locker concerned;
3. separate 'clean' and 'dirty' changerooms if the employer uses or processes an HCS to the extent that the HCS could endanger the health of persons outside of the workplace.

An employer shall ensure:

1. that all control equipment and facilities provided in terms of regulations 10 and 11 are maintained in good working order; and
2. that thorough examinations and tests of engineering control measures are carried out at intervals not exceeding 24 months by an approved inspection authority or by a person whose ability to do such measurements and tests is verified by an approved inspection authority.

No person shall as far as is reasonably practicable:

1. use compressed air or permit the use of compressed air to remove particles of an HCS from any surface or person; and
2. smoke, eat, drink or keep food or beverages in a respirator zone or permit any other person to smoke, eat, drink or keep food or beverages in that zone.

An employer shall, in order to avoid the spread of contamination of an HCS, take steps, as far as is reasonably practicable, to ensure:

1. that the HCS in storage or distributed are property identified, classified and handled in accordance with SABS 072 and SABS 0228;
2. that a container or a vehicle in which an HCS is transported is clearly identified, classified and packed in accordance with SABS 0228 and SABS 0229; and
3. that any container into which an HCS is decanted, is clearly labelled with regard to the contents thereof.

An employer shall, as far as is reasonably practicable:

1. recycle all HCS waste;
2. ensure that all collectable HCS waste is placed into containers that will prevent the likelihood of exposure during handling;
3. ensure that all vehicles, re-usable containers and covers which have been in contact with HCS waste are cleaned and decontaminated after use in such a way that the vehicles, containers or covers do not cause a hazard inside or outside the premises concerned;
4. ensure that all HCS waste which can cause exposure, is disposed of only on sites specifically designated for this purpose in terms of the Environmental Conservation Act, 1989 (Act No. 73 of 1989), in such a manner that it does not cause a hazard inside or outside the site concerned;
5. ensure that all employees occupied in the collection, transport and disposal of HCS waste, who may be exposed to that waste, are provided with suitable personal protective equipment; and
6. ensure that if the services of a waste disposal contractor are used, a provision is incorporated into the contract stating that the contractor shall also comply with the provisions of these regulations.

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 or 15 shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues or an 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.

The Department of Labour hereby acknowledges the permission given by the Controller of HER BRITANNIC MAJESTY'S STATIONERY OFFICE (HMSO) for the reproduction of the Crown Copyright material listed below, or part thereof.

The conditions under which this permission was granted, are subject to the following:

The source of the material must be acknowledged; and it must be mentioned that permission for the reproduction of such material was given by the Controller of HMSO.

LIST OF MATERIAL

1) Guidance note S20
2) HS(G)61
3) MDHS 14
4) MDHS 47
5) INDG(G)64-L
6) COSSH assessments
7) Pesticides: Code of Practice
8) EH14
9) EH22
10) EH23
11) EH25
12) EH28
13) EH40
14) EH42
15) EH44
16) EH56