New Regulations & Survey Requirements

New Regulations & Survey Requirements

Since 2019, three new Regulations have been published related to Occupational Hygiene monitoring.

It is often found that clients are unaware of the new Regulations published and what is required of them, as the Client, to ensure compliance with these Regulations.

The new published Regulations of the Occupational Health and Safety Act 1993, (Act No. 85 of 1993):
• Ergonomics Regulations, 2019 (No. R. 1589 of 6 December 2019)
• Asbestos Abatement Regulations, 2020 (No. R. 1196 of 10 November 2020)
• Regulations for Hazardous Chemical Agents, 2021 (No. R. 11266 of 31 March 2021).

Approved Inspection Authorities (AIAs), are responsible for submitting records of all monitoring done, bi-annually, to the Department of Employment and Labour (DoEL). Records submitted include results and findings of monitoring done of the above Regulations.

As per the regulatory requirements, the surveys shall be conducted by a competent person. The Department of Employment and Labour requires an Approved Inspection Authority with SANAS 17020 Accreditation to conduct monitoring of the above stressors (amongst others).

Regulations for Hazardous Chemical Agents, 2021 (No. R. 11266 of 31 March 2021)

The Regulations apply to any employer or self-employed person who carries out work in the workplace which may expose any employee to an hazardous chemical agent/s, by any route of intake.
An immediate assessment must be done, and thereafter at intervals not exceeding two years.

Such an assessment must take into account the following matters:
– The HCS to which an employee may be exposed;
– The effects the HCS may have on an employee;
– Where the HCA may be present, and the physical form in which it is likely to exist;
– The route of intake by which, and the extent to which, an employee may be exposed; and
– The nature of the work process, and any reasonable deterioration, or failure of, control measures.

The Regulations includes limits to which employees may be exposed per chemical.  These limited are called Occupational Exposure Limits (OELs) and are listed in Table 3 and 4 in the Hazardous Chemical Agents Regulations.

Ergonomics Regulations, 2019 (No. R. 1589 of 6 December 2019)

Before the commencement of any work, that may expose employees to ergonomic risks, employers must have an ergonomic risk assessment performed by a competent person.

An immediate assessment must be done, and thereafter at intervals not exceeding two years.

Such an assessment must take into account the following matters:
-A complete hazard identification;
-The identification of all persons who may be affected by the ergonomic risks;
-How employees may be affected by the risks;
-The analysis and evaluation of the ergonomic risks; and
-The prioritisation of ergonomic risks.

Asbestos Abatement Regulations, 2020 (No. R. 1196 of 10 November 2020)

The Regulations apply to any employer or self-employed person who carries out work in the workplace which may expose any employee to an hazardous chemical agent/s, by any route of intake.

REGULATION NO. REGULATION DESCRIPTION DURATION OF RECORD KEEPING
Regulation 3 Information, Instruction & Training Length of time employed
Regulation 6 Risk assessment 40 Years
Regulation 7 Risk Control 3 Years
Regulation 8(2) Medical Surveillance 40 Years
Regulation 9 Maintenance of Control 3 Years

An immediate assessment must be done, and thereafter at intervals not exceeding two years.

Such an assessment must take into account the following matters:
-The HCA to which an employee may be exposed;
-The effects the HCA may have on an employee;
-Where the HCA may be present, and the physical form in which it is likely to exist;
-The route of intake by which, and the extent to which, an employee may be exposed; and
-The nature of the work process, and any reasonable deterioration, or failure of, control measures.

The Regulations includes limits to which employees may be exposed per chemical.
These limited are called Occupational Exposure Limits (OELs) and are listed in Table 3 and 4 in the Hazardous Chemical Agents Regulations.

New Regulations refer to HCA (Hazardous Chemical Agents) replacing the previous reference to HCS (hazardous Chemical Substances)

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