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

Regulations

Regulations for Hazardous Chemical Agents, 2020

14D. Disclosure of ingredient identity

 

(1) Where an ingredient in an HCA causes the correct classification of the chemical, in terms of regulation 14(b) to include a hazard class and hazard category—
(a) referred to in Table 4 of Annexure 1, the chemical identity of the ingredient detailed must be disclosed; or
(b) referred to in Table 5 of Annexure 1, the chemical identity of the ingredient may be disclosed by its generic name if—
(i) the identity of the ingredient is commercially confidential;
(ii) the ingredient does not cause the correct classification of the hazardous chemical to include any other hazard class and hazard category in Table 4 of Annexure 1; and
(iii) an OEL for the ingredient has not been established; and
(c) in all other cases not included in subregulation (1)(b), the ingredient must be disclosed by its chemical identity.

 

(2) The identity of the ingredient of an HCA in terms of subregulation (1)(a), or the generic name of the ingredient of the hazardous chemical in terms of subregulation (1)(b), must be on the label and SDS.

 

(3) Where an ingredient of an HCA must be disclosed in terms of subregulation (1)(a), the proportion of the ingredient to the hazardous chemical must be disclosed as follows:
(a) Where the exact proportion of the ingredient is not commercially confidential, the exact proportion is expressed as a percentage of the chemical by mass or volume; or
(b) where the exact proportion of the ingredient is commercially confidential, the exact proportion is expressed as a percentage of the chemical by mass or volume in terms of the following ranges within which the exact proportion fits:
(i) < 10%;
(ii) 10 to 30%;
(iii) 30 to 60%;
(iv) > 60%;
(v) a range that is narrower than the ranges provided for in subparagraph (i), (ii), (iii) or (iv).