The hazchem game gets new rules

Are you involved in the transportation of hazardous chemicals? New legislation has been published, and the penalties for non-compliance can be hefty, says PETER LAMB.

New Regulations for Hazardous Chemical Agents 2021 (under the Occupational Health and Safety Act 85 of 1993) were published in the Government Gazette 44348 on March 29, 2021.

The new regulations will impact the business of logistics service providers whose clients include importers, manufacturers and retailers of hazardous chemical agents (HCA). All of these persons now have to comply with the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations (UN Transport of Dangerous Goods); the International Maritime Dangers Goods (IMDG) Code of the International Maritime Organization (IMO); and the National Road Traffic Act 93 of 1996 in relation to the packaging and transportation of HCA.

Under Regulation 14(C)(1), the packaging of an HCA must satisfy the relevant requirements of the UN Transport of Dangerous Goods “with respect to packaging and fastenings” or, where applicable, the IMO’s International Maritime Dangers Goods (IMDG) Code.

Regulation 14C (1)(a) specifically deals with the requirement of a manufacturer or importer of an HCA to ensure that the HCA is “correctly packed” as soon as reasonably practicable after manufacturing or importing.

Regulation 14(C)(1)(b) defines the expression “correctly packed” to mean that the packaging:

• is in sound condition;
• is durable and legibly marked;
• safely contains the chemical for the time the chemical is likely to be packed;
• is made of a material that is compatible with the HCA and will not be adversely affected by the HCA;
• is strong and the fastenings are strong and solid throughout to ensure that they will not loosen and will meet the normal stresses and strains of handling;
• does not usually contain food or beverages and cannot mistakenly be identified as containing food or beverages.

Regulation 14(C)(2) states that where a retailer supplies a 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.

Regulation 14(C)(3) states that where a retailer supplies a container to the buyer of a chemical, the retailer must ensure that the HCA is correctly packed or repacked. These obligations are then extended to all employers who receive, use, handle or store an HCA (Regulation 14(C)(4)). An employer must ensure that a container or a vehicle in which an HCA is transported is clearly identified as transporting an HCA.

Any person who contravenes or fails to comply with Regulation 14(C) will be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months and, in the case of a continuous offence, to an additional fine of R500 for each day on which the offence continues or an additional imprisonment of one day for each day on which the offence continues.

Logistic service providers who can assist their manufacturing, importer and retail clients in complying with these Regulations will have a competitive advantage. They need to comply with these regulations to the extent that any HCA is handled by their employees.