summary of key sa hse legislation

8/8/2019 Summary of Key SA HSE Legislation

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CONTENTS

1 INTEGRATED ENVIRONMENTAL PERMITS............................................3

2 AIR EMISSIONS................................................................................4

2.1 CURRENT LEGISLATION............................................................................4

2.2 PENDING LEGISLATION............................................................................5

3 WATER MANAGEMENT......................................................................8

3.1 WATER SUPPLYAND USE........................................................................8

3.2 WASTEWATER.....................................................................................9

4 WASTE 11

4.1 REFUSE REMOVAL...............................................................................11

4.2 NON-HAZARDOUSWASTE........................................................................11

4.3 HAZARDOUS WASTE MANAGEMENT.............................................................12

5 MATERIALS STORAGE AND HANDLING.............................................14

6 NUISANCE AND COMPLAINTS..........................................................15

7 ENVIRONMENTAL NOISE.................................................................16

8 SOIL AND GROUNDWATER..............................................................17

9 ASBESTOS.....................................................................................19

10 POLYCHLORINATED BIPHENYLS.....................................................21

11 OZONE DEPLETING SUBSTANCES...................................................22

12 RADIOACTIVE SUBSTANCES...........................................................23

13 HEALTH AND SAFETY ISSUES.........................................................24

13.1 OPERATIONAL RISKASSESSMENT.............................................................24

13.2 RECORDABLE ACCIDENTSAND INCIDENTS ....................................................24


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13.3 WORKERS COMPENSATION....................................................................24

13.4 SAFETYVIOLATIONSANDCITATIONS...........................................................25

13.5 TRAINING......................................................................................26

13.6 EMERGENCYPREPAREDNESS...................................................................26

13.7 PROCESS SAFETYMANAGEMENT..............................................................27

13.8 FIRE PROTECTION.............................................................................27

13.9 OTHER HEALTHAND SAFETYISSUES.........................................................27

14 ENVIRONMENTAL ASSESSMENT.....................................................31

15 PIPELINES....................................................................................33


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1 INTEGRATED ENVIRONMENTAL PERMITS

There is no legal requirement for integrated operating permits in

South Africa. A White Paper on Integrated Pollution Control and

Waste Management was published in 2000, however, no legislation

has subsequently been enacted in this regard. It is understood thatthe National Environmental Management Act (No. 107 of 1998) may

be revised in the future to include a chapter on Integrated Pollution

Control and Waste Management.


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2 AIR EMISSIONS

2.1 Current Legislation

Currently, atmospheric emission regulatory controls are contained in

the Atmospheric Pollution Prevention Act 45 of 1965, although thiswill shortly be repealed and replaced by the Air Quality Bill. The

former Act deals with control of noxious or offensive gases, smoke,

dust and motor vehicle emissions. Responsibility for regulatory

control is divided between the Chief Air Pollution Control Officer

(CAPCO) in the Directorate of Air Pollution within the National

Department of Environment and Tourism (DEAT), and local authority

inspectors. The local authorities are responsible for smoke, dust and

vehicle emissions.

The Act schedules approximately 70 processes producing offensive

emissions (Schedule II). Operators of scheduled processes arerequired to obtain permits (Air Pollution Registration Certificates) to

operate (Part II, Section 9). The permits define the air pollution

control technology to be used and standards (emissions limits and

ambient air quality guidelines) to be achieved. The CAPCO decides

on the permit conditions based on the best practicable means (BPM)

principle. There are no formal guidelines for factors to be

considered in determining what constitutes BPM.

The Act delegates responsibility for smoke control almost entirely to

local authorities. Controls provided for are outlined below.Permission to install and operate fuel-burning appliances has to be

obtained from the CAPCO or the local authority (Part III, Section 15

and 16). Local authorities may serve abatement notices on any

party if the product of combustion emanating from the premises

occupied by the party is a nuisance or health hazard to occupiers of

surrounding properties (Part III, Section 17). A local authority can

make smoke regulations specifically designed for the area under its

jurisdiction (Part III, Section 18). A local authority can declare a

smoke-control zone and prohibit emissions that exceed a specified

color or density Part III, Section 20.

Lists of areas for which the provisions of Part III have been made

applicable, areas for which smoke control regulations have been

promulgated, and smoke control zones are summarized in

Annexures A, B and C of these regulations.

Dust control measures apply to areas declared as dust control areas

under the Atmospheric Pollution Prevention Act (Part IV, Section 17).

These measures require anybody causing nuisance to occupiers of

adjacent land to take prescribed steps or (where no steps have been

prescribed) adopt BPM for preventing the nuisance. Contraventions

of the Act attract minor fines varying between R (Rand) 500 and R

2000 or imprisonment for six to 12 months.


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Provision is made for local authorities to implement smoke control

measures and recover the costs from the parties who fail to comply

with local smoke control regulations (Part III, Section 18).

2.2 Pending Legislation

The new Air Quality Bill replaces the Atmospheric Pollution

Prevention Act (APPA) of 1965 (although this Act has not beenformally repealed) and represents a complete paradigm shift in air

quality management.

The purpose of the Air Quality Bill is to set norms and standards

relating to-

institutional frameworks, roles and responsibilities, air quality

management planning, air quality monitoring and information

management, air quality management measures and general

compliance and enforcement provisions.

These norms and standards are set in order to:

Protect, restore and enhance the air quality in South Africa,

having regard to the need to ensure sustainable development;

Provide increased opportunities for public involvement and

participation in the protection of air quality;

Ensure that the public has access to relevant and meaningful

information about air pollution;

Reduce risks to human health and prevent the degradation of air

quality by the use of mechanisms that promote pollution

prevention and cleaner production, the reduction to harmless

levels of the discharge of substances likely to impair air quality,the making of progressive environmental improvements,

including the reduction of pollution at source and the monitoring

and reporting of air quality on a regular basis;

Strengthen the regulatory framework for management of air

quality;

Improve the efficiency of administration of air quality legislation;

and

Give effect to the Republics international obligations.

The main criticism of the Air Quality Bill is a lack of recognition ofinsufficient capacity, particularly at local authority level, to monitor

ambient pollution levels.

A brief summary of each Chapter of the Bill is provided below.

Chapter 1, the introductory chapter, of the Bill defines the specific

terminology used, sets out the objectives of the bill as prescribed by

the White Paper on Pollution and Waste Management (2000) and

makes reference to the environmental management principles set

forth in NEMA.

Chapter 2 deals with what is regarded as the backbone of the new

approach to air quality management, namely, the establishment of

national ambient air quality standards. It also clarifies the setting of


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norms and standards within the various spheres of government and

their roles thereof. These standards will be a key mechanism in

ensuring that the constitutional right in respect of an environment

that is not harmful to health and well-being is progressively realised

through the implementation of benchmark performance standards. It

is intended that the ambient air quality standards provide the goals

and objectives for all air quality management plans and also provide

the yardstick against which the efficacy of these plans can bemeasured. To this end, the chapter provides for the identification of

priority pollutants and the setting of ambient standards in respect of

these pollutants. The chapter also allows for the setting of specific

emission standards for any problem pollutant.

Chapter 3 provides for the establishment of a multi-stakeholder

National Air Quality Management Committee to advice the Minister

on the implementation of the Bill. This chapter also deals with air

quality management. In order not to duplicate the planning and

reporting responsibilities of government, Chapter 3 indicates how air

quality planning must be integrated with existing activities, i.e. the

plans required in terms of NEMA must incorporate a consideration of

air quality whereas integrated development plans compiled by

municipalities must also take air quality into account.

Chapter 4 describes the various regulatory tools or measures made

available to government for implementing and enforcing air quality

management plans and achieving acceptable ambient air quality.

The tools have been designed in such a way as to ensure an optimal

mix of regulatory approaches that will ensure that the diversity of air

pollution issues can be managed in the most effective manner andwith maximum flexibility, i.e. with the least possible administrative

burden and use of resources. These include the following:

Priority areas Air pollution hot spots may be identified for

focussed attention including specific air quality management plans

and the provision for specific regulations relating to the area;

Listed Activities The identification of problem processes that will

require an Atmospheric Emission License before they can operate.

This section also deals with the control of offensive odours;

Controlled emitters The setting of emission standards for identified

classes of emitters (e.g. motor vehicles, hazardous waste

incinerators, etc.);Control of Noise Measures can be prescribed for the control of

noise.

Control of odours Offensive odours must be contained.

Chapter 5 deals with licensing of listed activities. It defines with

reference to section 24 of NEMA procedures to be followed and the

authority responsible for granting such a licence. This chapter also

makes provision and defines the following:

Fit and proper persons This provision allows government to turn

down license applications from applicants who have continuouslydemonstrated bad air quality management practices in the past

(naturally, new entrants are excluded from this provision);


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Emission control officers This provision allows government to

demand that qualified air quality management practitioners are

employed by problem industries.

Chapter 6 deals with South Africas international obligations in

respect of air quality management. In keeping with the good

neighbour aspect of NEPAD and our SADC obligations, the Bill allows

the Minister to investigate cases where South African processes maybe impacting on our neighbours. In this regard, the Bill also provides

for regulations in respect of the control of processes impacting on

our neighbours and the global atmosphere in general. This section is

viewed as being significant as it will enable national government to

implement swift responses required to harness the investment

opportunities provided by some of the international instruments.

Chapter 7 deals with offences and penalties. The Bill as a whole is

underpinned by the adoption of a comprehensive approach to the

management of offences and penalties.

Chapters 8 provide for general regulations and transitional

arrangements. With regard to the latter, the Bill provides for a

number of arrangements aimed at smoothing the transition from the

air quality management approach under APPA. This includes the

transfer of air pollution permits issued in terms of APPA.


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3 WATER MANAGEMENT

3.1 Water Supply and Use

Water use is controlled by the National Water Act 36 of 1998. This

Act was promulgated in October 1998 and the enforcing authority isthe Department of Water Affairs and Forestry (DWAF). The provision

of water is generally controlled by the local municipal authority.

Chapter 4 of the National Water Act (Sections 21 to 55) focuses on

water use. Generally a water use must be licensed. Licenses are

not required (Section 22) where:

the water use is an existing lawful use (a use which wasauthorized before the commencement of the Act);

the use is permissible under a general authorization (a draftgeneral authorization is to be published soon, this will be ameasure to avoid a flood of license applications and will berevoked with time);

the water use is listed in Schedule 1 (domestic use, non-commercial gardening, livestock watering, minor recreational usesuch as boating, emergency water use such as fire-fighting, andrun-off/ storm-water from sites into any conduit where approvalhas been obtained from the party authorized to receive treat anddispose of this water);

a responsible authority has waived the need for a license

(because it is satisfied that the purpose of the Act will be servedby an authorization under any other law).

In water stressed areas, the responsible authority may override

the provision for unlicensed use (Section 43). Water uses that need

to be licensed (Section 21) include:

water abstraction;

water storage;

alteration of flow in a watercourse;

controlled activities (irrigation with wastewater, modificationof atmospheric precipitation; hydro-power generation, intentionalrecharging of aquifers with waste water - Sections 27 and 28);

disposal of wastewater from industrial processes;

removing and/or discharging of underground water;

use of water for recreational purposes.

Licensing procedures are outlined in Sections 40 to 48 and the

review of licenses is covered in Sections 49 to 52. Licenses can only

be granted once a preliminary estimation of the Reserve (thereserve water for basic human needs and the ecological reserve) has

taken place. Key sections on water use in the National Water Act

(specifically Sections 33,37, 38, and 40-42) have not yet come into


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effect.

Contravention of authorizations are dealt with by the responsible

authority (Sections 53 and 54) as follows:

a notice can be served;

the authority can carry out actions necessary to rectify the

contravention at the cost of the party on which the notice wasserved if the party does not take the specified corrective actiontimeously;

the entitlement to use of water can be suspended.

Chapter 3 of the National Water Act focuses on protection of water

resources (surface water and groundwater). Pollution prevention is

covered in Part 4 (Section 19) of this chapter. Any person who owns,

controls, occupies or uses land is deemed responsible for taking

measures to prevent pollution of water resources. If these measures

are not taken, the responsible authority may do whatever isnecessary to prevent the pollution or remedy its effects and to

recover all reasonable costs from the responsible person. Non-

compliance with this provision constitutes a criminal offence.

Any person who uses water contrary to the provisions of the Act is

guilty of an offence and is liable to an unspecified fine and/ or

imprisonment (for a period not exceeding five years). The absence

of a specified fine creates potential for stringent fines. When

convicting someone for violation of the National Water Act, a

simultaneous inquiry into harm, loss or damage to other parties may

be undertaken. The court may order the accused to pay the cost of

remedial measures or award damages.

3.2 Wastewater

Wastewater discharge is specifically guided by municipal Bylaws.

Below is an example for Durban.

Discharge of effluent to municipal sewer is controlled by Durbans

(eThekwini Municipality) Sewage Disposal Bylaws MN27 of May1999. Durbans sewage bylaws were significantly revised in 1999,

with the result of placing a more direct onus on industry for

managing their pollution and waste.

In terms of the bylaws, an application needs to be made to the local

authority where any person wishes to construct or cause to be

constructed a building which will be used as a trade premises, for

permission to connect to the sewage disposal system and for

permission to discharge trade effluent.

Section 2/4(1) of the bylaws says that every person is under a duty

to prevent any solid, liquid or gaseous substance other than

stormwater entering:


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Any stormwater drain, stormwater sewer or excavated or

constructed watercourse;

Any river, stream or natural water course or any public water,

whether ordinarily dry or otherwise, except in accordance with

the provisions of the National Water Act (Act no. 36 of 1998); or

Any street or premises.

Section 2/4(2) requires that every person is under a duty not todischarge or permit the discharge or entry into a sewage disposal

system of any sewage or other substance which, inter alia does not

comply with the prescribed standard. In broad terms, because of its

nature or concentration, will not allow proper treatment, which may

cause damage to the works, which may threaten the health or safety

of any person, and which will not allow the Council to comply with its

duties in terms of the National Water Act (Act No. 36 of 1998) with

regard to the discharge of trade effluent to a natural water resource.

Section 4/1/11/12 of the bylaw notes that every person wishing todischarge trade effluent into the sewage disposal system is under a

duty to obtain written permission of an authorised officer. If such

permission is granted, there is a duty to ensure that no trade

effluent is discharged unless it complies with the standards and

criteria set out in Schedules A and B to the Sewage Disposal Bylaws.

Where a permit holder discharges trade effluent to the sewage

disposal system which does not comply with the conditions of the

permit, there is a duty to notify an authorised officer within 12

hours, providing details of the incident and reasons for it.


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4 WASTE

4.1 Refuse Removal

This is controlled by local by-laws (PN97 of 1998) of the eThekwini

Municipality.

Accordingly only waste contractors approved in writing by the City

Engineer for that purpose may collect and trade refuse and

industrial refuse. A person who intends to engage the services of an

approved refuse removal contractor must notify the City Engineer in

writing of such intention and likewise notify him or her whenever the

engagement is terminated where trade refuse and industrial refuse

is concerned.

An occupier of premises on which special industrial refuse is

generated must inform the City Engineer in writing of thecomposition thereof, the quantity generated, how it is stored, and

how and when and by who and to which place it will be removed.

Prior written consent from the City Engineer is required before any

person may remove special industrial refuse from the premises on

which it was generated.

Prior to written permission of the City Engineer is required before a

person may deliver to or discharge at a disposal site any liquid

refuse.

4.2 Non-hazardous waste

The Environment Conservation Act 73 of 1989 deals generally with

waste (Sections 19, 20, 24, 24 and 29) as outlined below. The

Department Water Affairs and Forestry (DWAF) is the enforcing

agency.

Littering is prohibited and regulatory authorities are responsible for

ensuring there are containers for discarding of litter and for

removing this litter to a waste site (Section 19).

A permit has to be obtained to develop and operate a waste disposal

site from the Minister of Water Affairs and Forestry (Section 20). The

permitting process and permit conditions are based on the

Minimum Requirements (See below). Disposal of waste in any

other manner than at a disposal site for which a permit has been

issued is prohibited (Section 20).

Sections 24 and 24A of the Act enable the Minister of Environmental

Affairs and Tourism or competent authorities at the provincial level

to make regulations with regard to waste management and littering.

Refuse removal regulations have been passed by many

municipalities. Where refuse is not removed by the council, the

owner is required to arrange for removal of the refuse to an


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approved disposal site as often as necessary to prevent a nuisance

from arising.

A framework of standards complementary to the waste-site permit

system, the Minimum Requirements, has been published by DWAF

(first edition in 1994 and second edition in 1998). There are three

Minimum Requirements documents: Minimum Requirements for the

Handling and Disposal of Hazardous Waste, MinimumRequirements for Waste Disposal by Landfill, and Minimum

Requirements for the Monitoring at Waste Management Facilities.

4.3 Hazardous Waste Management

4.3.1 Hazardous Waste Management

The general requirements pertaining to non-hazardous waste also

apply to hazardous wastes. The specifications for hazardous waste

are contained in the Minimum Requirement documents for waste.Hazardous waste is identified according to SABS Code 0228 on

hazardous substances. Furthermore, it is stated in the Minimum

Requirements documents that any waste must be regarded as

hazardous if there is any doubt about the potential danger of the

waste stream to man or to the environment.

The Minimum Requirements for the handling, storage and

transportation of hazardous wastes are that a temporary storage

site requires at least a firm waterproof base and that it is protected

from the ingress of storm water from surrounding areas. It shouldhave an effective drainage system to a spillage collection area

where any spillage can be recovered and suitably treated. The area

must be clearly demarcated and should not be accessible to

unauthorized persons. Waste materials should always be stored

separately from other process chemicals or products. Flammable or

combustible wastes must in any event be stored separately from

other waste materials.

Hazardous waste must be securely contained during handling,

storage and transport to prevent risks to the environment. The type

of packaging to be used is determined by a series of practical tests,which relate to the degree of hazard posed by the material to be

contained, as categorized by the three packaging groups (grouped

by SABS code 0229). When large quantities of waste are involved,

bulk containers should be used as specified in SABS Code 0233.

Labelling of hazardous substances must be in accordance with SABS

Code 0233.

If there is a spillage, or pollution of surface water due to flooding of a

storage area during heavy rain, the generator of the waste must

take all possible steps to recover the hazardous component andprevent any polluted water from entering sewerage systems or

watercourses. If and when it becomes obvious that such a spillage

cannot be contained on-site, the local authorities and the DWAF


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must be advised of the accident immediately. Full co-operation

must be given to these authorities to implement emergency action

so as to minimize the adverse affects of such occurrence to the

public and the environment.

If an accident occurs during transport resulting in leakage or spillage

of the hazardous waste, emergency action must be taken to contain

the spilled material and to prevent further uncontrolled spillage orleakage. Remedial action must be taken to clean up and remove

any spillage or residue, and to ensure that no environmental

pollution or contamination of water resources will take place at a

later stage. Also, the local emergency services should be warned.

All road accidents must be reported to the Department of Transport.

At all times a manifest document should accompany waste material.

This document must contain all the relevant information relating to

the generator/consignor of the waste, the transporter, the consignee

and the waste material being transported.

The following South African Bureau of Standards codes of practice

(SABS 0230, SABS 0231 and SABS 0232) relate to the transportation

of dangerous goods (including hazardous waste). The Hazardous

Substances Act 15 of 1973 provides for regulations to be made for

the dumping and disposal of certain hazardous substances (Section

1). Such regulations are contained in the Government Notice R453

of 25 March 1977, made under the Act in respect of the disposal of

empty containers and Group 1 Hazardous Substances. Returnable

containers of certain hazardous substances must be securely closed

(Regulation 10(1)). After being cleaned, such a container may onlybe used as a container for the hazardous substance that it originally

contained (Regulation 10(2)). Unreturned empty hazardous

containers should be disposed of in an alternative safe manner

(Regulation 10(3)).

The National Waste Management Strategy was published towards

the end of 1999. It will be enforced through envisaged Integrated

Pollution and Waste Management legislation that may take the form

of a new Act or will be incorporated into a revised National

Environmental Management Act (NEMA). The Strategy contains a

number of comprehensive Action Plans that deal with variousaspects of waste management. The primary function of the strategy

is to raise awareness and encourage a proactive approach on behalf

of all individuals, companies and government authorities towards

responsible waste management. The status of the Strategy is

uncertain. Some government departments are of the opinion that it

is no longer relevant and has become obsolete.


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5 MATERIALS STORAGE AND HANDLING

The Hazardous Substances Act 15 of 1973 is administered by the

Minister of Health. It provides for the declaration of hazardous

substances and control of declared substances. There are four

groups of declared substances as outlined below.

Group I and II substances are toxic, corrosive, irritant, strongly

sensitizing, flammable substances or substances that generate

pressure through decomposition, heat or other means. Group I

substances cannot be sold without a license from the Department of

Health. No licensing requirement has been defined for Group II

substances as of yet. Group III substances are declared electronic

products. A license to sell or use these substances is required from

the Department of Health. Group IV substances are radioactive

materials. Written authority from the Department of Health is

required to produce, acquire, dispose of, be in possession of or

convey these substances.

Regulations governing various aspects of hazardous chemicals have

been promulgated under the Occupational Health and Safety Act 85

of 1993 (GNR 1179 of 25 August 1995). These apply to occupational

exposures to hazardous substances. Both the employer and

employee must be informed about: the content of regulations;

exposure sources and risks; the necessary safety precautions; and

procedures to be followed in emergency situations. The regulations

recommend limits of exposure and detail air monitoring and medical

surveillance requirements. They also contain requirementspertinent to the labeling, packaging, transportation, storage and

disposal of hazardous chemicals.

As regards disposal of hazardous chemical substances, the employer

is required to ensure that:

Such substances are recycled if possible;

They are placed into containers that prevent the likelihood of

exposure during handling;

All vehicles, reusable containers and covers which have been in

contact with the waste are cleaned and decontaminated after

use;

All hazardous chemical waste is disposed of on a site specially

designated for this purpose, in terms of the Environment

Conservation Act and in such a manner that it does not cause

a hazard inside or outside the site concerned;

All employees employed in the collection, transport and disposal

of hazardous chemical substances, should be provided with

suitable personal protective equipment.

The penalty for contravening the Act is an unspecified fine orimprisonment for a period not exceeding ten years.


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6 NUISANCE AND COMPLAINTS

Odour, dust and smoke nuisances are controlled under the

Atmospheric Pollution Prevention Act 45 of 1965. Scheduled

processes may only take place if a Registration Certificate is

obtained (see previous section on air emissions). The CAPCO may atany time by notice in writing require the holder of a Registration

Certificate to take steps with respect to the abatement of emissions

to atmosphere (Section 12).

For non-scheduled processes, if as a result of complaints, a local

authority is satisfied that smoke or other product of combustion

constitutes a nuisance, an abatement notice may be served to

prevent a recurrence of the nuisance (Section 17(1)). Any persons

failing to comply with this notice is guilty of an offence and may be

ordered by the court to take steps to prevent a recurrence of the

nuisance (Section 17(4)). If within one month no steps are taken to

prevent the nuisance, the local authority can undertake the work

itself and recover the costs from the perpetrator of the nuisance

(Section 17(7)).

For non-scheduled processes, where dust originating in a dust

control area is deemed to be a nuisance, the CAPCO may, in writing

require the owner, or occupier to adopt the best practicable means

to abate the nuisance (Section 29(1)). Any person failing to comply

with the notice is guilty of an offence (Section 29(4)).


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7 ENVIRONMENTAL NOISE

Noise nuisances are controlled by Government Notice 154 of 10

January 1992, published under the Environment Conservation Act No

73 of 1989. Local authorities can apply to DEAT to enforce noise

regulations in their areas of jurisdiction. It prohibits noise nuisance,disturbing noise, describes the use of measuring equipment and

gives allowed vehicle noise levels. Many municipalities have

adopted noise control regulations.


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8 SOIL AND GROUNDWATER

In terms of the Environment Conservation Act No.73 of 1989, where

any activity is undertaken that results in the environment being

damaged or detrimentally affected, the Minister or local authority

may require such steps to be taken as may be necessary to clean-up the environment, the costs of which may be borne by the person

concerned (Section 31).

Although no regulations exist which prescribe the method of and

targeted clean-up levels for pollutants of soil (and groundwater),

DWAF recommends the application of the Dutch Ministry of Public

Housing, Land-Use and Environment Guidelines as good practice.

In terms of the National Water Act (No. 36 of 1998) it is the

responsibility of an owner of land, a person in control of land or a

person who occupies or uses land, to take all reasonable measures

to prevent the pollution of a water resource from occurring,

continuing or recurring. The Act does not define reasonable

measures but suggests that these may include measures to:

Cease, modify and control any act causing pollution;

To comply with any prescribed waste standard or management

practice;

Contain or prevent the movement of pollutants;

Eliminate any source of pollution;

Remedy the effects of pollution;

Remedy the effects of any disturbance to the bed and banks of awatercourse.

If the measures are not taken, DWA&F may intervene and do what is

necessary to prevent pollution or remedy its effects and may

recover all reasonable costs jointly or severally from the following

persons:

Anyone responsible for, or who directly or indirectly contributed

to the pollution, or potential pollution;

The owner of the land at the time when the pollution or potentialpollution occurred;

Anyone in control of land or with the right to use the land at the

time when the activity or process was undertaken or the situation

came about;

Anyone who benefited from the measures undertaken by the

authorities to prevent of clean-up the harm, to the extent of

such benefit;

Anyone who negligently failed to prevent the activity or process

from being undertaken.

The National Environmental Management Act (No. 107 of 1998)

prescribes a duty of care for the environment and the remediation of

environmental damage. Accordingly, every person who causes, has

caused or may cause significant pollution or degradation of the


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environment must take reasonable measures to prevent such

pollution or degradation form occurring, continuing or recurring

(28(1)). The Act defines pollution broadly as any change in the

environment caused by substances, radioactive or other waves, or

emissions of noise, odours, dust or heat.

Certain measures to prevent or rectify pollution or degradation are

described (28(3)). These include:

Impact assessment;

Informing and educating employees about the environmental

risks of their work and ways of minimizing these risks;

Ceasing, modifying or controlling actions which cause

pollution/degradation;

Containing or preventing the movement of pollutants;

Eliminating the source of pollution;

Remedying the effects of the pollution.

The DEAT authorities may direct any person to rectify or remedy apotential or actual pollution problem. If such a directive is not

complied with, the authorities may undertake the work and recover

the costs from the responsible party. The responsible party may

include the owner, anyone in control of the land at the time, or

anyone who negligently failed to prevent the pollution or

degradation from occurring.


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9 ASBESTOS

The Asbestos Regulations of 2002 replace those of 1989. The

Asbestos Regulations of 2002 affect any employer whose employees

may come into contact with asbestos in the work place. Asbestos is

defined as the following minerals: Amosite, Chrysotile, Crocidolite,Fibrous actinolite Fibrous anthophylite, Fibrous tremolite and any

mixture containing any of these minerals. Asbestos dust means any

airborne or settled dust, which contains or is likely to contain any of

these regulated asbestos fibres

In terms of the regulations, no employer shall require or permit any

employee to work in an environment in which he would be exposed

to asbestos in excess of the exposure limit. Asbestos areas should

also be zoned and steps should be taken to avoid exposure to

asbestos dust.

Every employee who works with asbestos containing materials

should be trained in asbestos hazards, the precautions to be taken

and the use of safety equipment by a competent person. In

addition, the employer at a facility where there is any exposure, or

possible exposure to asbestos, must arrange for a formal

assessment of their facility in consultation with health and safety

representatives (or the health and safety committee). The

assessment must cover, inter alia, the following:

The presence of any material containing asbestos beingprocessed , handled or stored;

Ease with which asbestos dust may be released and the

extent to which a person may be exposed;

The nature of the work, process and any likely deterioration

in, or failure of, any control measures;

The details of expected exposure in relation to prescribed

OEL;

Steps to be taken to reduce occupational exposure, and the

release of asbestos dust into the environment, to the lowest

level reasonably practicable; Emergency procedures and procedures for the removal and

disposal of asbestos waste.

Control measures must be introduced by the employer, based on

the results of the assessment. These assessments must be

undertaken at intervals not exceeding two years and should be

reviewed in response to one or more of the following

circumstances:

If there is reason to believe that the previous assessment is

no longer valid; Control measures are no longer efficient or technological or

scientific advances allow for more efficient control measures;


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There has been a significant change in work methods, the

type of work or the type of equipment used to control

exposure.

The regulations also require that any employer which uses, handles

or processes asbestos or waste materials containing asbestos must

take steps to ensure that all loose asbestos and waste that is likely

to release dust whilst in storage or being transported or distributed,is kept in closed receptacles that prevent the escape of asbestos

dust. The receptacles must carry an appropriate health warning and

be clearly labeled, identifying the contents as asbestos. For the

demolition of asbestos containing structures, a plan of work is to be

drafted and submitted to the divisional inspector of the Department

of Labour for approval 30 days in advance of the work.


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10 POLYCHLORINATED BIPHENYLS

There is no national, provincial or local legislation in South Africa

pertaining specifically to polychlorinated biphenyls, although the

South African National Standards Code 10228 classifies

polychlorinated biphenyls as a Class 1 toxic hazard. The preferredmethod of disposal is high temperature incineration, although

encapsulation and land co-disposal is allowed.

Note: In South Africa, PCBs were widely used as an additive to

electrical/transformer oils up until the early 1980s.


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11 OZONE DEPLETING SUBSTANCES

South Africa is signatory to the Montreal Protocol, however there areno laws on ozone-depleting substances. Accordingly to Protocolobligations chlorofluorocarbons (CFCs), halons, carbon tetrachloride,

and methyl chloroform were phased out by 2000 (2005 for methylchloroform).Initially South Africa was classified as a developed country and

subsequently reclassified as developing. South Africa consequently

does not have to contribute to the Multilateral Fund and a grace

period on use of methyl bromide has been granted until 2010.


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12 RADIOACTIVE SUBSTANCES

The National Nuclear Regulator Act (Act No 47 of 1999) aims to

safeguard workers and members of the public against nuclear

damage during conditions of normal operation and in the event of

accidents. In addition, the regulatory process safeguards bothpresent and future generations through the application of annual

dose limits and the principle of ensuring that radiation exposures are

kept as low as reasonably achievable (ALARA).

The applicant for a nuclear authorisation (e.g. nuclear installations

license, certificate of registration or exclusion) is required to submit

a safety case demonstrating how the NNR safety standards will be

met. The submission is then subjected to a detailed review by the

NNR. If it is deemed acceptable, conditions are formulated for its

inclusion in the nuclear authorisation, which will ensure that facilities

are properly constructed, commissioned, operated and

decommissioned. The holder of a nuclear authorisation bears the

primary responsibility for ensuring the safety of workers and

members of the public living around its installation. This is achieved

by compliance with the conditions of the nuclear authorisation

issued to the facility.

Nuclear damage is defined in the National Nuclear Regulator Act (Act

No 47 of 1999) and includes any injury, sickness, disease or death or

other damage arising from the ionising radiations associated with

radioactive materials or the generation of nuclear energy. Nucleardamage also includes damage to property or the loss of use of

property, e.g. due to contamination by radioactive materials. The

holder of a nuclear installation licence is liable for all nuclear

damage arising during the period of responsibility.


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for temporary disability, compensation for permanent disability, and

death benefits. Included in the Act is a schedule of compensable

occupational disease. The compensation system is administered by

the State but funded by employer premiums. It provides for

mandatory reporting of all occupational accidents or diseases to the

Office of Compensation Commissioner. Any doctor who treats a

worker for an occupational injury or disease is required to submit the

claim forms and he/she will be recompensed by the CompensationFund.

13.4 Safety violations and citations

In terms of the Occupational Health and Safety Act (OHSA), if an

Inspector finds dangerous or adverse conditions at the workplace, he

or she may lay down requirements in one of the following ways:

Prohibition notice

In the case of potential dangers, an inspector may prohibit a

particular action, process or use of a machine or equipment

by means of a prohibition notice. No person may disregard the

contents of such a notice and compliance must be immediate.

Contravention notice

If a provision of the Act, or a Regulation in terms of the Act, is

contravened, the Inspector may serve a contravention notice

on the workers or the employer. This can result in immediate

prosecution in the case of a contravention of the Act, but with

regard to the contravention of a Regulation the guilty party

may be given time (usually 60 days) in which to rectify thenon-compliance.

Improvement notice

Where the health and safety measures instituted do not

satisfactorily protect the well being of the workers, the

Inspector may require the employer to bring about more

effective measures. An improvement notice which prescribes

the protective measures is then served.

To enable the inspector to carry our his or her duties, he or she may

enter any workplace or premises where machinery or hazardous

substances are being use and question or serve a summons on

person to appear before him or her. The Inspector may also request

that any documents be submitted to him or her, investigate and

make copies of such documents, and demand an explanation

regarding any entries. The Inspector may also investigate any

condition or article and take samples where appropriate, and seize

anything that may serve as evidence. The employer and employees

are obligated to co-operate with the Inspector although it should be

noted that the powers of the Inspectorare not absolute and any

person who disagrees with any decision taken by the Inspector, may

appeal in writing to the Chief Inspector, Occupational Health andSafety, Private Bag X117, Pretoria 0001).


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If a worker does something that, in terms of OHSA, is an offence, the

employer is responsible for that offence, and he or she can be found

guilty and sentenced for it, unless the employer can prove that:

He or she did not give consent;

He or she took all reasonable steps to prevent it;

The worker did not act within the scope of his or her competence,

i.e. that the worker did something which he or she knew he or sheshould not have done. This also applies to a mandatory of an

employer (for e.g. a sub-contractor) unless the parties agree

beforehand in writing on how the mandatory will comply with the

provisions of the Act.

13.5 Training

Training requirements are included in the OHSA and the various

regulations issued in terms of this Act, including the General Safety

Regulations R. 2(5), 3(5), 7(b), 9(1)(a), Environmental Regulations

for the Workplace R. 7( 9), Driven Machinery Regulations R. 18(11),

Regulations for Hazardous Chemical Substances R. 3, 4, 10(2)(f) and

Regulations for Hazardous Biological Agents R. 4, 5, 10(2)(d).

13.6 Emergency Preparedness

The requirement for emergency response procedures are outlined in

various regulations issue in terms of the OHSA, including the Major

Hazard Installation Regulations (R. 6) and Environmental Regulationsfor the Workplace (R. 8 and 9).

Section 30 of the National Environmental Management Act No. 107

of 1998 also sets out specific duties in the case of emergency

incidents. An incident is defined as an unexpected occurrence,

including a major emission, fire or explosion leading to serious

danger to the public or potentially serious environmentally pollution,

whether the effects are immediate or delayed (30(1)(a)).

Responsible persons may include:

the person who caused the incident

the person who owns the hazardous substance involved in the

incident; or

the person in control of any hazardous substance involved in the

incident at the time of occurrence. (30(1)(b)).

A number of requirements for the reporting of the incident and

actions to deal with the effects of the incident are prescribed in

Sections 30(3, 4 and 5). Where the responsible person fails to fulfil

these requirements, they will be directed to do so by the authorities.If there is confusion regarding the identification of the responsible

party the authorities may take reasonable measures to deal with the


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incident and recover all reasonable costs incurred jointly or

severally.

13.7 Process Safety Management.

Major Hazard Installation Regulations (Gazette No. 22506, 30 July

2001, as amended) issued in terms of the OHSA apply toemployers, self employed persons and users, who have on their

premises, either permanently or temporarily, a major hazard

installation or a quantity of substance which may pose a risk that

could affect the health and safety of employees and the public.

In terms of the Regulations, risk assessments are required at

intervals of 5 years following consultation with health and safety

representatives /committees. The assessment must be submitted to

the chief inspector, relevant local government and the provincial

director. The risk assessment is described as a process of collecting,

organizing, analyzing, interpreting, communicating andimplementing information in order to identify the probable

frequency, magnitude and nature of any major incident which could

occur at a MHI , and the measures required to remove, reduce or

control the potential causes of such an incident. Such risk

assessments must be undertaken by an Approved Inspection

Authority and be made available to employees and for inspection by

an inspector. A list of inclusions for the risk assessment is prescribed

as well as circumstances subject to which the assessment should be

reviewed. Such circumstances include the activation of the

emergency response plan or after any near miss. A near miss isdefined as any unforeseen event involving one or more hazardous

substances that, but for mitigating effects, actions or systems, could

have escalated into a major incident. In the case of rolling stock in

transit, the contents of the risk assessment may differ provided the

assessment is applicable and heeds public health and safety

considerations.

13.8 Fire Protection

Fire protection and prevention is controlled through a range oflegislation including the OHSA and its various regulations, the

National Building Regulations and the municipal by-law on the

storage of flammable substances.

13.9 Other Health and Safety Issues

13.9.1 Housekeeping/Aisles/Exits/Signage

Housekeeping is principally controlled by the OHSA (Sections 8 (1) a

j) and its regulations including the Environmental Regulations for

the Work Place (R. 6 (1)(2) b f), the Facilities Regulations (R. 9) and

the National Building Regulations. In addition, the Employment

Equity Act (Section 1.11.4) provides for access for disabled people.


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The storage of substances is controlled by various SABS codes of

practice, including SABS code 089 for the handling, storage, and

distribution of petroleum products.

13.9.2 Medical Monitoring and First Aid

This is dealt with in Section 3 of the General Safety Regulations in

terms of OHSA. Accordingly at least 1 qualified first aider should be

available for every 50 or part of 50 employees. All first aiders should

be knowledgeable about the dangers posed by the chemical

substances used on the premises and the procedure to be followed

when treating cases of over exposure. A first aid box must be held

on site and a list of items that, at minimum, must be in the first aid

box is defined in an appendix to the Regulations.

13.9.3 Personal Protective Equipment

The General Safety Regulations also define generally what the

employer must do, as a minimum, to ensure that the work

environment is safe and does not pose a risk to employees.

There is a general duty for the employer to undertake the following:

Provide and maintain all equipment that is necessary to do

work required, and all the systems according to which work

must be done, in a condition that will not affect health and

safety of workers. Before personal protective equipment may be used, the

employer must attempt to remove or reduce the hazard

posed to the health and safety of employees. Only when this

is not practicable should personal protective gear be used.

Take measures to protect the health and safety of workers

against risk that may result from production, processing use

handling, storage or transportation of articles and substances.

To ensure fulfillment of these obligations the employer must:

Identify potential hazards, which may be present while work is

being done, articles or substances is being produced,

processed, used, stored or transported and any equipment is

being used.

Establish the precautionary measures that are necessary to

protect workers against the identified hazards, provide means

to implement these precautionary measures and not permit

anyone to continue with any task unless the necessary

precaution measures have been implemented.

Provide the necessary information, instructions, training and

supervision (based on the individual workers competence). Ensure that the work being done and equipment used is under

general supervision of a worker who has been trained to

understand the hazards associated with the work and who has


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the authority to ensure that the precautionary measures are

enforced.

Take steps to ensure that every person under his or her

control understands and complies with the requirements of

the Act.

13.9.4 Manual Handling

Not clear on the legislative requirements.

13.9.5 Contractor Safety

If a worker does something that, in terms of OHSA, is an offence, the

employer is responsible for that offence, and he or she can be found

guilty and sentenced for it, unless the employer can prove that:

He or she did not give consent;

He or she took all reasonable steps to prevent it;

The worker did not act within the scope of his or her

competence, i.e. that the worker did something which he or

she knew he or she should not have done.

This also applies to a mandatory of an employer (for e.g. a sub-

contractor) unless the parties agree beforehand in writing on how

the mandatory will comply with the provisions of the Act.

13.9.6 Hazard Communication

In terms of Section 8 of the OHSA, an employer must:

Identify potential hazards, which may be present while work is

being done, articles or substances is being produced,

processed, used, stored or transported and any equipment is

being used.

Establish the precautionary measures that are necessary

to protect workers against the identified hazards, provide

means to implement these precautionary measures and

not permit anyone to continue with any task unless the

necessary precaution measures have been implemented.

Provide the necessary information, instructions, training and

supervision (based on the individual workers competence).

Ensure that the work being done and equipment used is under

general supervision of a worker who has been trained to

understand the hazards associated with the work and who has

the authority to ensure that the precautionary measures are

enforced.

Take steps to ensure that every person under his or her

control understands and complies with the requirements of

the Act.


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13.9.7 Health and Safety Audits & Monitoring

As above

13.9.8 Product Stewardship

No specific legislative requirements but most larger companies do

have policies on product stewardship and the cradle to graveprinciple is defined in the National Environmental Management Act

(NEMA) and the National Water Act (NWA). Aspects around this will

also be covered by our common law.

13.9.9 Transportation Safety

The Regulations for the Transport of Dangerous Goods (August

2001)

has shifted the responsibility for transport of hazardous substances

from the Department of Health (in terms of the Hazardous

Substances Act, No. 15 of 1973) to the Department of Transport.The Regulations cover the transportation of dangerous goods in both

bulk and packaged form, in excess of the exempt quantity allowed

for the specific goods or substances, as opposed to the Hazardous

Substances Act, which only required compliance for substances

transported in bulk road tankers in excess of 500 litres.

The revised regulatory requirements require both heavy and light

vehicles transporting dangerous goods in bulk or packaged form to

be labelled with the appropriate placarding and to carry the certain

documentation/ authorisation .

The Regulations are structured around SANS (South African National

Standards) and Codes of Practice which are incorporated in Chapter

VIII of the National Road Traffic Act. The relevant SANS codes include

SANS 10228, SANS 10229, SANS 10233, SANS 1518, SANS 10230,

SANS 10232 Part 1 and SANS 10232 Part 3.


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14 ENVIRONMENTAL ASSESSMENT

Environmental Impact Assessments (EIAs) are a permitting

requirement in South Africa, administered at a provincial level

through the government environmental departments. Requirements

are specified in both the National Environmental Management Act(NEMA) and, more specifically, in the EIA Regulations under the

Environmental Conservation Act (ECA). The latter Act is due to be

repealed and new EIA Regulations are being drafted in terms of

NEMA.

The ECA and NEMA both make provision for the declaration, by the

Minister, of certain activities that may not be undertaken without

consideration of environmental impacts. Regulations in terms of this

provision were promulgated in 1997 (the EIA Regulations) that list a

number of activities which could have a detrimental affect on the

environment.

The required environmental assessment process is divided into three

broad components:

An application to the provincial environmental department

A Scoping Study

A full EIA.

The application and initial Scoping investigations are mandatory,

even if the proposed development is exempted from the subsequentdetailed Scoping and/or EIA components. For developments that will

have potential impacts, but these may be mitigated, an initial

Scoping process is sufficient basis for a decision on behalf of the

authorities. The Scoping process focuses on public participation and

the identification of issues and concerns. Large developments with

significant impacts would require a full EIA which would involve

specialist studies.

A development that is covered by the list of activities may not

proceed in the absence of a Record of Decision (ROD) from the

relevant provincial environmental authority. The ROD does not

exempt the developer from conforming to other environmental legal

and permitting requirements, including land-use planning, water

use, atmospheric emissions, wastewater disposal, solid waste

disposal, hazardous waste disposal, storage of hazardous

substances etc.

A stringent legal requirement of the environmental assessment

process is the consultation of interested and affected parties. This

must be done through advertising and other suitable consultation

techniques such as dissemination of documentation, meetings,telephonic contact etc. All concerns raised by interested and

affected parties (which would include members of the public) must

be recorded in the Scoping Study.


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The function of the Scoping Study is to guide the authorities towards

making a decision in the best interest of the affected environment,

taking social, economic and biophysical factors into consideration.

The consultant has to sign a declaration of independence and cannot

act in the exclusive interests of the client.


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15 PIPELINES

The following acts would be relevant to pipelines:

Mineral Act (Act No. 50 of 1991)

Petroleum Pipelines Bill (March 2003) Mineral and Petroleum Resources Development Act (2002)

summary of key sa hse legislation

Documents