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

Regulations

Regulations for Hazardous Biological Agents, 2022

4. Information, instruction and training

 

(1) An employer who undertakes work which exposes an employee to HBAs must inform the relevant health and safety representative or the health and safety committee established for that workplace of the—
(a) intention to conduct—
(i) a risk assessment contemplated in regulation 6;
(ii) exposure monitoring contemplated in regulation 7;
(iii) medical surveillance contemplated in regulation 8; and
(iv) training contemplated in subregulation (2);
(b) documented outcomes of the—
(i) risk assessment contemplated in regulation 6;
(ii) exposure monitoring contemplated in regulation 7; and
(iii) medical surveillance contemplated in regulation 8.

 

(2) An employer must ensure that any employee at risk of being exposed or exposing others to HBAs is comprehensively informed, instructed and trained in both the practical aspects and theoretical knowledge with regard to—
(a) the contents and scope of these Regulations;
(b) the potential risks to health caused by the exposure;
(c) the measures to be taken by the employer to protect an employee against any risk of being exposed;
(d) the  importance  of good  housekeeping at the workplace  and personal hygiene requirements;
(e) the precautions to be taken by an employee to protect him or her against the health risks associated with the exposure, including the wearing and use of protective clothing and respiratory protective equipment;
(f) the necessity, correct use, maintenance and potential limitation of safety equipment, facilities and engineering control measures provided;
(g) the necessity of risk-based medical surveillance;
(h) the safe working procedures regarding the use, handling, storage, labelling, and disposal of HBAs at the workplace; and
(i) the procedures to be followed in the event of exposure, spillage, leakage,  accidental  release,  injury  or  any  similar  emergency situation, and decontaminating or disinfecting contaminated areas.
(j) the differing effects of exposure to hazardous biological agents to men, women, young employees and vulnerable employees, where such difference may exist;

[Regulation 4(2)(j) inserted by Notice No. R. 2693 of GG47413, dated 31 October 2022]

 

(3) The employer must ensure that the information, instruction and training referred to in subregulation (2) are provided before an employee is potentially exposed to HBAs.

[Regulation 4(3) substituted by Notice No. R. 2693 of GG47413, dated 31 October 2022]

 

(4) The employer must conduct refresher training annually or at intervals that may be recommended by the health and safety committee or the health and safety representative.

 

(5) An employer or self-employed person must give instructions in writing of the procedures contemplated in subregulation (2)(a) to the drivers of vehicles carrying HBAs.

[Regulation 4(5) substituted by Notice No. R. 2693 of GG47413, dated 31 October 2022]

 

(6) Every employer or self-employed person must ensure that he or she or any person who in any manner assist him or her in the carrying out or conducting of the business duties has the necessary information and has undergone instruction and training in order for him or her to identify potential risks and the precautions that should be taken.