What do the Regulations for Hazardous Chemical Agents, 2021 require?

Short answer: assess, measure, control and record. If your work may expose people to a hazardous chemical agent (HCA), you must assess that exposure at least every two years, have employees' airborne exposure measured by an approved inspection authority, control it within the occupational exposure limits, and keep the records for at least 30 years. Manufacturers, importers and suppliers have their own duties for classification, safety data sheets and labels.

The Regulations for Hazardous Chemical Agents, 2021 were published as Government Notice R. 280 in Government Gazette 44348 on 29 March 2021 and repealed the Regulations for Hazardous Chemical Substances, 1995 (the HCS Regulations). Regulations 14 to 14D (classification, safety data sheets, labels and packaging) and the annexure tables took effect 18 months after promulgation. Regulation 18(1) of the Gazette text gives the short title as "2020", so you may see that citation too. A draft replacement was published for comment on 5 April 2024 (Government Notice R. 4598) but, at the time of writing, has not been finalised.

Who the regulations apply to

Regulation 2 applies them to:

• Employers and self-employed persons whose work may expose any person to an HCA at the workplace.

• Manufacturers, importers, suppliers and retailers of an HCA intended for use at a workplace.

An HCA is a chemical agent in one of the GHS hazard classes and categories listed in Annexure 1. Not every GHS classification qualifies, so check each product's safety data sheet against that list. The regulations do not apply where the Lead Regulations or Asbestos Abatement Regulations apply.

What the employer must do

• Train (regulation 3): before anyone is exposed, then at intervals the health and safety committee recommends, including on the legislated OELs and safety data sheets.

• Assess (regulation 5): immediately, then at intervals not exceeding two years. The regulations do not say who must do it, but the health and safety representative or committee must be consulted and given the results.

• Measure (regulation 6): where employees may be exposed by inhalation, air monitoring must be representative of their exposure, carried out by an approved inspection authority (AIA), and repeated at least every 24 months for agents with a limit in Table 2 or 3 of Annexure 2.

• Watch health (regulation 7): medical surveillance is required for agents in Table 4 of Annexure 2, where exposure could cause an identifiable disease or adverse effect that can be diagnosed, or where the occupational health practitioner recommends it.

• Control (regulation 10): prevent exposure or, where that is not reasonably practicable, control it adequately: use less of the agent, expose fewer people for less time, substitute it, and use engineering controls such as enclosure, local extraction ventilation and wet methods, with written work procedures.

• Protect (regulations 8 and 11): use protective equipment only where other controls are not enough. Where exposure would exceed the restricted limit without respirators, the area must be a demarcated respirator zone.

• Maintain (regulation 12): keep controls in good working order, with a thorough examination and test of engineering controls by an AIA at intervals not exceeding 24 months.

• Record (regulation 9): keep assessment and air monitoring records for at least 30 years.

How often hazardous chemical agent monitoring must be done sets out every interval and what triggers an earlier review.

The four tables in Annexure 2

Table 1 lists prohibited HCAs, such as benzidine and its salts. Table 2 sets maximum limits (OEL-ML): exposure must be as low as reasonably practicable below the limit. Table 3 sets restricted limits (OEL-RL): exposure must be below the limit, and respirators in a zoned area count only after other controls have reduced it as far as reasonably practicable. Table 4 sets biological exposure indices (BEIs). Occupational exposure limits explained shows how to read the limits.

Prohibitions, labels and safety data sheets

• Prohibitions (regulation 13): no compressed air to remove HCA particles from a surface or person; no smoking, eating, drinking or keeping food or drink in a respirator zone; no "non-toxic" or similar claims that contradict the GHS classification.

• Safety data sheets (regulation 14A): manufacturers and importers must prepare GHS-compliant safety data sheets and review them at least once every five years. Employers must obtain them and provide them to anyone who uses, handles or is likely to be exposed to the agent.

• Labels (regulation 14B): every HCA at the workplace must be correctly labelled, including decanted containers (as far as reasonably practicable), and pipework carrying HCAs must be identified.

• Penalties (regulation 16): a contravention can lead to a fine or up to six months' imprisonment.

A quick self-check

• List every chemical product on site and check you hold a current safety data sheet for each.

• If your HCA exposure assessment is close to two years old, or processes have changed since, review it now.

• Confirm that air monitoring was done by an approved inspection authority within the last 24 months.

• Check the labels on decanted containers, and that pipework carrying HCAs is identified.

• Replace references to the HCS Regulations in your legal register, procedures 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 surveys measure employees' exposure during normal work, compare the results with the limits in Annexure 2, and recommend practical controls, in a report written for management, SHEQ teams and auditors.

Unsure which work needs an AIA? Read approved inspection authority or competent person: who may do what?

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.