What must a chemical risk assessment cover under the HCA Regulations?

Short answer: at least the five matters in regulation 5(3), and the assessment must be recorded. They are the hazardous chemical agents (HCAs) employees may be exposed to, their effects, where and in what form they occur, the route and extent of exposure, and the work process, including how controls could fail.

The Regulations for Hazardous Chemical Agents, 2021 (Government Notice R. 280, Government Gazette 44348, 29 March 2021) replaced the Regulations for Hazardous Chemical Substances, 1995, and regulation 5 has applied since publication. A draft replacement published on 5 April 2024 (Government Notice R. 4598) would require a documented assessment by a competent person, but at the time of writing it has not been finalised. Our overview of the regulations covers the rest.

Timing, responsibility and consultation

• Timing (regulation 5(1)): "immediately, and thereafter at intervals not exceeding two years". No starting event is named; good practice is to assess a new product or process before anyone is exposed.

• Who: the employer or self-employed person must "cause an assessment to be made". No qualification is set for the assessor and no approved inspection authority is needed; in practice, choose someone who knows chemical health hazards.

• Consultation (regulation 5(1) and (2)): consult the health and safety representative or committee first, inform them in writing of the arrangements, give them reasonable time to comment, and make the results available to them.

• Early review (regulation 5(5)): immediately if there is reason to suspect the assessment is no longer valid, or after a change in a process involving an HCA or in the methods, equipment or procedures for its use, handling, control or processing. The review must again follow subregulations (2) and (3).

What it must take into account

Regulation 5(3) requires you to "keep a record of the assessment and take into account such matters as" these five, so the list is not closed:

• The HCA (5(3)(a)): products used and agents the work generates. Wood dust, for example, has a maximum limit in Annexure 2 for oak, beech, birch, mahogany, teak and walnut and a restricted limit for other species, so record the timbers cut.

• Its effects (5(3)(b)): safety data sheet (SDS) sections 2 (hazards identification) and 11 (toxicological information), and Annexure 2 notations such as CARC (carcinogenicity) and RSEN (respiratory sensitisation). The employer must provide the SDS to anyone at the workplace who needs it to assess risk (regulation 14A(1)(d)).

• Where it is present, and its physical form (5(3)(c)): stores, decanting points, process areas and waste; dust, fume, mist, vapour or gas.

• Route of intake and extent (5(3)(d)): regulation 5(1) says "any route of intake", so include skin contact and ingestion. The SKIN notation marks agents where skin absorption can add significantly to exposure. In practice, extent covers who, how often, how long and how much.

• The work process and failing controls (5(3)(e)): the paragraph names "any reasonable deterioration in, or failure of, control measures", so cover cleaning, maintenance, breakdowns and blocked or switched-off extraction.

The regulation prescribes no format or method. Regulation 1, however, defines an assessment as a programme to determine risk and identify the steps needed "to remove, reduce or control" the HCA, so record the actions, not only the findings.

What the findings trigger

If the assessment indicates that any employee may be exposed, regulation 5(4) requires monitoring under regulations 6 and 7 and control under regulation 10. The findings set the scope of:

• Air monitoring (regulation 6): by an approved inspection authority, at least every 24 months for inhaled agents with a limit in Table 2 or 3 of Annexure 2.

• Medical surveillance (regulation 7): for agents in Table 4 of Annexure 2, where an identifiable, diagnosable disease or effect is reasonably likely, or on the occupational health practitioner's recommendation.

• Control (regulations 8, 10 and 11): prevent exposure or, where that is not reasonably practicable, control it adequately, with protective equipment as a last resort and a respirator zone where exposure may exceed a restricted limit without respirators. The guidance in Annexure 3 adds that the assessment should show how far below a maximum limit it is reasonably practicable to reduce exposure.

• Maintenance (regulation 12): controls kept in good working order, and engineering controls thoroughly examined and tested by an approved inspection authority at least every 24 months.

• Training and records (regulations 3(2)(b)(iii) and 9): training must include the significant findings; keep assessment records for at least 30 years, available to inspectors and health and safety representatives.

A quick self-check

• Check that your HCA assessment is under two years old and was reviewed after your last process or product change.

• Check that it names every agent, including dust and fume the work generates, and covers skin contact, maintenance and extraction failure.

• Confirm that your health and safety representatives or committee received the arrangements in writing and saw the results.

• Check that its findings have reached your monitoring plan, medical surveillance programme and training material.

How Qualitas can help

Qualitas Occupational Consulting is a Department of Employment and Labour Approved Inspection Authority and a SANAS-accredited (ISO/IEC 17020) inspection body for asbestos, lead, noise and hazardous chemical agents. Our hazardous chemical agents assessments identify the agents and their sources, review your processes, materials and SDSs, measure exposure where required and recommend practical controls.

Our approval also covers the regulation 12(b) examinations and tests, so our local exhaust ventilation surveys can serve as your 24-month statutory test.

Not sure what your site needs? Start with our free Compliance Gap Analysis, request a quote, or call or WhatsApp 082 649 6599.

This article summarises the Regulations for Hazardous Chemical Agents, 2021 (Government Notice R. 280, Government Gazette 44348, 29 March 2021) for general guidance. It is not legal advice; refer to the regulations for the full requirements.

Christo de Wet is a SAIOH-registered occupational hygienist with 15 years' experience and the founder of Qualitas Occupational Consulting.