The draft Hazardous Chemical Agents (HCA) Regulation, proposed under the South African Occupational Health and Safety Act, 1993, aim to improve chemical safety by addressing hazardous substances used in industrial and agricultural settings. This draft Regulation, published in April 2024, are awaiting final implementation and form part of broader initiatives for environmental and chemical management. They apply to manufacturers, importers, and users of hazardous chemicals and require notification for all hazardous substances used in workplaces or industrial processes. Confidentiality claims for proprietary data, such as chemical formulations or trade secrets, may be allowed following validation by regulatory authorities.
The draft Regulation requires listed hazardous chemicals to comply with the Globally Harmonized System (GHS) standards for labelling and to maintain updated Safety Data Sheets (SDS). These substances are also subject to periodic risk assessments and reporting requirements. For non-notified hazardous substances (i.e. hazardous substances that have not yet been notified), the draft Regulation proposes that they be subject to notification and risk evaluation before being introduced into workplaces or industrial settings, with non-compliance potentially leading to restrictions or prohibitions on use.
This draft Regulation is a significant step towards the establishment of a formal chemical inventory in South Africa. By adopting GHS standards and emphasizing hazard communication, they aim to fill regulatory gaps, strengthen chemical safety practices, and align with international standards.
In addition to the draft HCA Regulation, South Africa's Hazardous Substances Act (Act No. 15 of 1973) classifies hazardous substances into four groups:
Group I: Industrial chemicals (IA) and pesticides (IB).
Group II: Nine classes of waste, excluding Class 1 (explosives) and Class 7 (radioactive substances).
Group III: Electronic products.
Group IV: Radioactive substances.
The list of Group IA hazardous substances includes chemicals such as aluminium phosphide, arsenic and its salts, antimony potassium tartrate, barium and its salts (except barium sulphate), cyanides of potassium and sodium, fluoroacetic acid (mono), hydrocyanic acid, lead acetate, mercuric ammonium chloride, yellow phosphorus, strychnine, thallium, zinc phosphide, carbon tetrachloride, and leaded paint.
Under the Act, anyone wishing to sell or distribute Group I hazardous substances must apply for a licence from the health authority. This framework complements the draft HCA Regulation by providing a structured approach to the managing hazardous substances in South Africa.
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