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

Regulations

Regulations for Hazardous Chemical Agents, 2020

14C. Packaging of hazardous chemical agents

 

(1) Packaging for an HCA must satisfy the relevant requirements of the UN Transport of Dangerous Goods, with respect to packaging and fastenings, or, where applicable, the UN IMO International Maritime Dangerous Goods Code, including the following requirements:
(a) The manufacturer or importer of an HCA must ensure that the HCA is correctly packed, as soon as reasonably practicable after manufacturing or importing.
(b) For the purposes of paragraph (a), the expression "correctly packed" means—
(i) that the packaging is in sound condition;
(ii) that the packaging is durably and legibly marked;
(iii) that the packaging will safely contain the chemical for the time the chemical is likely to be packed;
(iv) that the packaging is made of a material that is compatible with the HCA and will not be adversely affected by the HCA;
(v) that the packaging and fastenings are strong and solid throughout to ensure that they will not loosen and will meet the normal stresses and strains of handling; and
(vi) that the packaging does not usually contain food or beverages and cannot mistakenly be identified as containing food or beverages.

 

(2) Where a retailer supplies an HCA in a container that is supplied by the person purchasing the chemical, the retailer must ensure that the HCA is correctly packed or repacked as contemplated in subregulation (1).

 

(3) Where a retailer supplies the person purchasing the chemical with a container, the retailer must ensure that the HCA is correctly packed or repacked as contemplated in subregulation (1).

 

(4) The employer or self-employed person must receive, use, handle or store an HCA only if it is correctly packed as contemplated in subregulation (1).

 

(5) An employer must—
(a) as far as reasonably practicable, ensure that a container or a vehicle in which an HCA is transported is clearly identified as transporting an HCA; and
(b) ensure that such transportation complies with the National Road Traffic Act, 1996 (Act No. 93 of 1996).