Hazardous Chemical Substances in the Workplace in South Africa: Legal Obligations for Employers
Hazardous chemical substances in the workplace in South Africa are governed by duties designed to prevent occupational exposure and protect employee health. Under the Occupational Health and Safety Act 85 of 1993, employers must identify chemical risks, assess exposure, and apply suitable controls. The current framework is the Regulations for Hazardous Chemical Agents, 2021, which replaced the 1995 HCS Regulations.
At IOH Solutions, we are a leading SANAS-accredited, SAIOH-registered provider of occupational hygiene and health and safety services, helping South African workplaces address chemical exposure risks with technically sound assessments.
Hazardous Chemical Substances in the workplace in South Africa: What Regulation 5 Requires
Regulation 5 of the HCS framework requires an employer to arrange an exposure assessment immediately and at intervals of no more than two years, after consultation with the relevant health and safety representative or committee. The employer must communicate the assessment arrangements in writing, allow reasonable time for comment, keep assessment records and consider:
- The hazardous chemical agent involved and its health effects.
- Where it occurs and its physical form.
- Routes and extent of employee exposure.
- Work processes and possible deterioration or failure of controls.
- Monitoring and exposure controls if employees may be exposed.
- Immediate reassessment after significant process, equipment, method or procedure changes, or if the previous assessment may no longer be valid.
Build and maintain an HCS inventory
An accepted first step when managing hazardous chemical substances in the workplace in South Africa is a Hazardous Communication Standard (HCS) inventory covering chemicals used, produced, or stored. Review product labels, supplier information, and classifications to identify substances that qualify as hazardous chemical agents. This inventory helps managers connect each chemical to its SDS, storage arrangements, exposure assessment, and training requirements.
SDSs: Access, Content, and Worker Awareness
Employers must obtain current Safety Data Sheets and make them available to people who use, handle or may be exposed to a Hazardous Chemical Agent (HCA), as well as relevant health practitioners and emergency personnel.
SDSs must follow the prescribed Globally Harmonised System (GHS) format and contain all relevant sections covering identification, hazards, composition, first aid, firefighting, accidental release, handling, exposure controls, properties, toxicology, disposal, and other information.
Exposure Monitoring and Occupational Exposure Limits
Workplace chemical exposure must be assessed against applicable Occupational Exposure Limits (OELs). Regulation 5 requires monitoring if the assessment indicates possible employee exposure. Air monitoring and medical surveillance should be assessed in accordance with Regulations 6 and 7. OELs provide concentration limits used to judge inhalation exposure and the adequacy of controls.
HCS-Specific Health Risk Assessment
A Hazardous Chemical Substance HCS health risk assessment should connect the chemical hazard to actual workplace conditions: tasks, quantities, routes of exposure, duration, existing controls and potential failures. Results should guide engineering controls, work procedures, PPE and further monitoring. Certain regulations place prevention or adequate exposure control on the employer.
Training for Handling Hazardous Chemicals at Work
Employees must receive information, instruction and training covering applicable regulations, OELs, chemical hazards, SDS access, labels, safe handling, storage, spills, disposal, hygiene, engineering controls, PPE and emergency procedures.
For employers managing hazardous chemical substances in the workplace in South Africa, compliance is an ongoing process, not a once-off document exercise. Contact the IOH Solutions team to arrange a hazardous chemical substances assessment or occupational hygiene survey and take the lead in your industry in meeting your legal duties.