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

Regulations

Hazardous Chemical Substances Regulations, 1995

6. Air monitoring

 

 

1) Where the inhalation of an HCS is concerned, an employer contemplated in regulation 5(4) shall ensure that the measurement programme of the airborne concentrations of the HCS to which an employee is exposed, is:
a) carried out in accordance with the provisions of these regulations;
b) carried out only after the relevant health and safety representative or relevant health and safety committee has been informed thereof and given a reasonable opportunity to comment thereon;
c) carried out by an approved inspection authority or by a person whose ability to do the measurements is verified by an approved inspection authority;
d) representative of the exposure of employees to the airborne HCS in accordance with the provisions of subregulation (2); and
e) verified in accordance with the provisions of subregulation (3) if the measurements are carried out by a person who is not an approved inspection authority.

 

2) In order to comply with the provisions of subregulation (1).(d) an employer shall;
a) ensure that the measurement programme, in the case of a group measurement, makes provision for the selection of the number of persons for a sample to be done as contemplated in chapters 3 and 4 and Technical Appendix A of the OESSM: Provided that such sample size shall be chosen for the top 10% of the group at the 95% confidence level for an HCS with a control limit and for the top 10% of the group at th 90% confidence level for an HCS with a recommended limit; and
b) carry out the representative measurements at least every 12 months for an HCS with a control limit and at least every 24 months for an HCS with a recommended limit: Provided that whenever the control limit or recommended limit which has been prescribed for an HCS is exceeded, the provisions of regulation 10 shall apply.

 

3) In order to comply with the provisions of subregulation (1)(e), an employer shall obtain the service of an approved inspection authority who shall, at intervals not exceeding 24 months:
a) verify, by examining the measurement and analysis equipment of the employer and questioning the person referred to in subregulation (1).(c), regarding the carrying out of the measurement programme;
b) carry out the measurements prescribed by subregulations (1) and (2) for any one group; and
c) enter the results of the investigation and measurements as contemplated in paragraphs (a) and (b) respectively in the record required by regulation 9.