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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)


Hazardous Chemical Substances Regulations, 1995

5. Assessment of potential exposure



1) An employer or self employed person shall after consultation with the relevant health and safety representative or relevant health and safety committee, cause an immediate assessment to be made and thereafter at intervals not exceeding two years, to determine if any employee may be exposed by any route of intake.


2) The employer shall inform the relevant health and safety representative or relevant health and safety committee in writing of the arrangements made for the assessment contemplated in subregulation (1), give them reasonable time to comment thereon and ensure that the results of the assessment are made available to the relevant representatives or committees who may comment thereon.


3) When making the assessment, the employer or self employed person shall keep a record of the assessment and take into account such matters as:
a) the HCS to which an employee may be exposed;
b) what effects the HCS can have on an employee;
c) where the HCS may be present and in what physical form it is likely to be;
d) the route of intake by which and the extent to which an employee can be exposed; and
e) the nature of the work, process and any reasonable deterioration in, or failure of, any control measures.


4) If the assessment made in accordance with subregulation (3) indicates that any employee may be exposed, the employer shall ensure that monitoring is carried out in accordance with the provisions of regulations 6 and 7 and that the exposure shall be controlled as contemplated in regulation 10.


5) An employer shall review the assessment required by subregulation (1) forthwith if:
a) there is reason too suspect that the previous assessment is no longer valid; or
b) there has been a change in a process involving an HCS or in the methods, equipment or procedures in the use, handling, control or processing of the HCS, and the provisions of subregulations (2) and (3) shall apply.