The Minister of Employment and Labour has, under section 43(1)(a) and (b) of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), after consultation with the Advisory Council for Occupational Health and Safety, has made and published the Physical Agents Regulations.
Please see the attached link for reference to Government Notice No. 5952 published on 6 March 2025:
https://www.gov.za/sites/default/files/gcis_document/202503/52226gon5952.pdf
A short summary of the above provides that:
The new Physical Agents Regulations, 2024, issued under the Occupational Health and Safety Act, 1993, by the Minister of Employment and Labour, establish comprehensive guidelines for managing exposure to physical agents in the workplace. Key points include:
- Scope of Application: Applies to employers, self-employed persons, designers, manufacturers, importers, and suppliers of plant and machinery, excluding noise exposure.
- Information, Instruction, and Training: Employers must inform and train employees about physical agents, conduct risk assessments, and provide annual refresher training.
- Duties of Persons Exposed: Employees must follow instructions, report defects, cooperate in exposure assessments, and use personal protective equipment properly.
- Duties of Designers, Manufacturers, Importers, and Suppliers: Ensure plant and machinery minimize exposure risks and provide necessary information and training.
- Risk Assessment and Monitoring: Conduct documented risk assessments and exposure monitoring every 24 months.
- Medical Screening and Surveillance: Implement medical screening programs for employees exposed to physical agents.
- Specific Regulations: Address cold stress, heat stress, illumination, indoor air quality, vibration, and non-ionising radiation, requiring control measures and protective equipment. Implement control measures and provide protective equipment as necessary.
- Records: Maintain records of training, risk assessments, monitoring, medical screenings, and control measures for 40 years.
- Offences and Penalties: Non-compliance may result in fines or imprisonment.
These regulations aim to protect employee health and safety by systematically managing physical agents in the workplace.