Dear All,
Many of you manufacture, use, manage, store and eventually dispose Hazardous Chemical Agents or substances.
New regulations were published in March 2021 which have come into full force and effect in September 2022.
All employers singled out above should implement an HCA compliance program which covers:
1. Definitions: A list of applicable Definitions used under the regulation.
2.Ascertain the Scope of application: determine whether the Regulations apply and extent of application.
3. HCA training, provision of relevant HCA information and instruction and training, after consultation with the health and safety committee.
4.Duties of persons who may be exposed to hazardous chemical agents- ensure all employees comply with the laid down lawful instructions given by or on behalf of the employer or self-employed person regarding HBA’s.
5.Carry out a Risk Assessment of exposure- after consultation with the relevant health and safety representative or relevant health and safety committee, carry out an assessment immediately, and thereafter at regular intervals.
6.Perform Air monitoring- where the inhalation of an HCA is concerned, ensure that a measurement programme of the airborne concentrations of the HCA to which an employee is exposed, is performed or implemented.
7.Medical surveillance- based on the results of the Risk assessments implement a medical surveillance programe.
8. Respirator zone- based on the results of the Risk assessments declare and manage respirator zones.
9. Records- keep records for at least 30 years.
10.Control of exposure to hazardous chemical agents- An employer must ensure that the exposure of an employee to HCA’s is either prevented or, where this is not reasonably practicable, adequately controlled.
11.Personal protective equipment and facilities -if it is not reasonably practicable to ensure that the exposure of an employee is adequately controlled provide PPE.
12.Maintenance of control measures- ensure all control measures are maintained.
13.Prohibitions- do not use prohibited HCA’s.
14.Classification of hazardous chemical agents- ensure all chemical agents are classified before used.
14A. Safety data sheet- ensure that a safety data sheet for each HCA is in place.
14B. Labelling of hazardous chemical agents- ensure the correct labelling of an HCA.
14C. Packaging of hazardous chemical agents- Packaging for an HCA must satisfy the relevant requirements of the UN Transport of Dangerous Goods, with respect to packaging and fastenings, or, where applicable, the UN IMO International Maritime Danger code.
14D. Disclosure of ingredient identity- where required include hazard class and hazard category in labelling and classification and packaging.
15.Disposal of hazardous chemical agents- ensure correct disposal of HCA’s as per the Waste laws.
16. Offences and penalties- note that 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, 14A, 14B, 14C or 14D shall be guilty of an offence and liable on conviction to a fine or to imprisonment
Take note of the Annexures :
ANNEXURE 1
(Date of commencement of Annex. 1: 29 September 2022.)
Table 1: GHS HAZARD CLASSES – PHYSICAL HAZARDS
Table 2: GHS HAZARD CLASSES – HEALTH HAZARDS
Table 3: GHS HAZARD CLASSES – ENVIRONMENTAL HAZARDS*
Table 4: IDENTITY OF INGREDIENTS TO BE DISCLOSED
Table 5: GENERIC NAMES USED TO DISCLOSE IDENTITY OF INGREDIENTS
ANNEXURE 2
(Date of commencement of Annex. 2: 29 September 2022.)
Table 1: PROHIBITED HAZARDOUS CHEMICAL AGENTS
Table 2: OCCUPATIONAL EXPOSURE LIMITS – MAXIMUM LIMITS FOR HAZARDOUS CHEMICAL AGENTS
Table 3: OCCUPATIONAL EXPOSURE LIMITS – RESTRICTED LIMITS FOR HAZARDOUS CHEMICAL AGENTS
Table 4: BIOLOGICAL EXPOSURE INDICES (BEIs) FOR HAZARDOUS CHEMICAL AGENTS
ANNEXURE 3 HAZARDOUS CHEMICAL AGENT GUIDELINES
FULL SYNOPSIS IS AVAILABLE TO THE LEGAL TEAM SUBSCRIBERS
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