Public Consultation Open on South Africa's New Draft Regulation on Hazardous Chemicals Implementing GHS 10

The Department of Employment and Labour in South Africa has announced a new draft Regulation (Notice No. 50431) aimed at controlling exposure to Hazardous Chemical Agents (HCAs). These regulations will implement the 10th revised edition of the Globally Harmonized System (GHS) of Classification and Labeling of Chemicals by June 2025. Interested parties are invited to submit written comments within 90 days from the publication of the draft regulation. The deadline for submission of comments is July 5, 2024.

Regulatory Overview and Exposure Control

The draft regulations aim to ensure the prevention or adequate control of workers exposure to hazardous chemical agents, with a focus on the primary route of inhalation, in addition to ingestion and skin absorption. Compliance with Hazardous Chemical Agents Regulations is detailed, including requirements for risk assessment, exposure monitoring, and maintenance and testing of control measures.

Global Harmonization and Labeling Standards

Compliance with the Globally Harmonized System (GHS) is mandated by the draft Regulation with phase-in periods for the adoption of new revisions (see table below). The UN GHS Purple Book is updated every two years by the United Nations Sub-committee on GHS. To facilitate transition, South African importers and manufacturers are granted a phase-in period of 2 years and 6 months from the date of approval by the UN Sub-committee until 30 June of the relevant year for new revisions. The regulations specify labelling requirements in accordance with the GHS, including pictogram size, inclusion of ingredient information, and specific labelling requirements for carcinogens and specific target organ toxicity.

Phase-in Timeframes for GHS Purple Book New Revisions

Additional Safety Data Sheet Considerations

Safety Data Sheets (SDSs) are essential for mixtures that are not classified for acute toxicity but contain hazardous ingredients. Detailed guidelines ensure all necessary hazard information is provided, respecting the established cut-off values for different hazard classes.

Setting and Implementing Occupational Exposure Limits

The draft Regulation outlines the process for setting Occupational Exposure Limits (OELs), including maximum and restricted limits, and details the methodology for calculating exposure over specified reference periods. It also addresses the need for regular updates to OELs and the establishment of exposure groups to assess compliance effectively.

Special Considerations for Particulates and Confined Spaces

Guidance is provided on managing exposure to particulates and working safely in confined spaces, highlighting the importance of appropriate personal protective equipment and monitoring strategies.

Medical Surveillance and Biological Monitoring

A robust framework for medical surveillance is outlined, detailing the importance of medical screening, biological monitoring, and the management of exposure-related health findings. This comprehensive approach ensures that both individual and collective health risks from hazardous chemical exposures are proactively managed.

Legal and Ethical Considerations

The draft Regulation underscores the legal obligations for reporting occupational diseases and the ethical considerations in conducting health surveillance, including informed consent and confidentiality of medical records.

Engagement with Health and Safety Committees

Employers will be required to engage with health and safety committees to discuss risk assessments, control measures and training related to HCAs, ensuring a collaborative approach to workplace safety.

Conclusion and Deadline Reminder

These draft regulations represent a significant step forward in the management of hazardous chemical agents in the workplace, emphasizing safety, compliance and the protection of the health of all workers. Stakeholders are encouraged to participate in the consultation process to refine and improve the provisions outlined in the draft. Please note that the final date to submit comments is July 5, 2024.

For more details, please refer to the draft Regulation here