HEALTH, ENVIRONMENTAL AND SAFETY MATTERS
(Extracted from SAPMA NEWSLETTERS)

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THE OCCUPATIONAL HEALTH AND SAFETY ACT (ACT 85 OF 1993)
HOW CAN SAPMA HELP?
HAZARD RATING
ASBESTOS REGULATIONS
LEAD REGULATIONS
HAZARDOUS CHEMICAL SUBSTANCES REGULATIONS (of 1995)
ENVIRONMENTAL REGULATIONS FOR WORKPLACES
THE SAPMA GUIDE TO HEALTH AND SAFETY

THE OCCUPATIONAL HEALTH AND SAFETY ACT (ACT 85 OF 1993)

INTRODUCTION

This issue of the newsletter contains a summary of legislation covering Health and Safety issues.

The Occupational Health and Safety Act (Act 85 of 1993) or OHSACT superseded the Machinery and Occupational Safety Act (Act 6 of 1983) or MOSACT, but retained its regulations.

The purpose of the Act is to provide for the Health and Safety of persons at work.

It is important for Members to realise that not only does the Code of Conduct of SAPMA require compliance with this Act, but also that it is simply a legal requirement for all workplaces to be managed in accordance with its provisions.

The OHSACT applies to all work places: any premises or place where a person performs work in the course of his employment (except mines, mining areas, mining works, ships, boats or floating cranes).

The regulations cover inter alia the following areas:

Asbestos, lead, hazardous chemical substances, environmental conditions for workplaces, various types of machinery, facilities (e.g. sanitary and eating arrangements), regulations in respect of diving, lifts and escalators, electrical installations, pressure vessels and major hazard installations. (Those work places where the potential for a major incident exists, e.g. by the production, processing, handling, storage etc., of "any substance in such a form or quantity" that an occurrence of catastrophic proportions is a possibility).

The Act is administered by the Department of Labour and compliance is monitored by an inspectorate under the Chief Inspector.

Every employer with 20 or more employees must have a copy of the Act and its regulations available at the work place (in cases of fewer than 20 employees, the employer shall on request make a copy of the Act available).

An important aspect of this legislation is the concept of 'when or where reasonably practicable'.

The term applies specifically to the management and reduction/prevention of unacceptable risk, taking into account: the means available to remove or reduce the risk or hazard; the availability of knowledge and the cost factor.

Other important terms used are:

Danger:
Anything which may cause injury or damage to persons or property.

Hazard:
A source of or exposure to danger.

Risk:
The probability that a hazard can result in injury or damage.

Safe:
Free from any hazard.

User:
This term is almost always used in the Act in the context of 'every employer or user shall'. Used as far as responsibility and liability to provide and maintain health and safety are concerned.

EMPLOYEES

All employees have the responsibility to take reasonable care of their own health and safety as well as that of other persons who may be affected by their behaviour.

EMPLOYERS

It is the responsibility of employers to provide and maintain a workplace that is safe and without risk to the health of their employees. This general concept should be the starting point for a health and safety policy statement, as well as a health and safety management system, starting with a thorough risk assessment programme. It is the responsibility of the CEO to ensure that the requirements imposed by the Act on the employer are properly discharged.

It is further the responsibility of the employer to ensure that employees are informed of (and understand and be trained in preventive measures) any hazard involved in actual work carried out and to ensure that the precautionary measures are implemented. The employer has the same duty towards non-employees (e.g. contractors) on his/her premises.

Part of the management of health and safety is the requirement for health and safety representatives (more than 20 employees) and Committees ( 2 or more safety reps).

DUTY TO INFORM

Manufacturers, suppliers and all others involved in the life cycle of a product, except the user, have a 'duty to inform'.

This requirement encapsulates the moral obligation that exists in terms of health and safety and refers to the duty to give clear indications regarding the intended use (or maintenance) of any product to ensure that it is 'safe and without risks to health when properly used'.

Whilst 'instructions for use' on packaging, separate pamphlets or product bulletins have been in general use and will continue to play an important role, the MSDS (Material Safety Datasheet) has become more prominent as a standardised method to inform the user of potential hazards associated with a product.

Any person involved in the life cycle of a product, which is or contains 'a hazardous chemical substance for use at work' shall provide the receiving party, free of charge, a MSDS in a prescribed format (ISO 11014 with which the SAPMA MSDS format fully complies).

(A HCS is defined as any substance for which an occupational exposure limit is prescribed, or, if not, 'which creates a hazard to health').

HOW CAN SAPMA HELP?

To assist Members to discharge some of their responsibilities (duty to inform) in terms of the Act, the SAPMA, in collaboration with the SABS, developed ARP006 - 1991 ( a recommended practice) with the title: " A guide to health hazards and personal protection in the Paint Industry".

This practice provides a framework to classify all chemicals used in the manufacture of liquid paints, powder coatings, inks and allied products in terms of their hazard by means of a HEALTH HAZARD RATING

HAZARD RATING

The HHR in turn determines what PPE (Personal Protective Equipment), if any, should be used.

Whilst clause 7.1 of the 'practice' refers to the Secretary of the SAPMA as the source for HHR's, this function is now carried out by private consultants who are fully conversant with the latest developments and have the necessary skills to provide simple (or more complex) databases, training and general consulting services in this area.

The provision of MSDS's is another part of their services. Details are available from the Director.

NOTE: This summary is based partly on the Act itself, but to a large extent on the 'explanation' of the Act by Darlow and Louw. Both, as well as an updating service, are available from: LEX PATRIA PUBLISHERS.
It should not be relied on for definitive answers to specific questions, but is intended as general information to highlight the existence and general requirements of the OHSACT.

NOTE:- THE ASSESSMENT OF THE HAZARD RATING IS THE RESPONSIBILITY OF INDIVIDUAL MANAGEMENT BUT A SUGGESTED APPROACH IS INCLUDED ON OUR TECHNICAL PAGE.

ASBESTOS REGULATIONS

These were promulgated in 1987 and were the first occupational hygiene regulations dealing with a hazardous chemical substance (HCS). They will in time be integrated into the regulations for HCS contained in the OHSACT.

Three main types of asbestos, (as well as three lesser known types) are distinguished:

Chrysotile (white)
Crocidolite (blue)
Amosite (brown)

The exposure limit for 'regulated asbestos fibre' (length: 75 micrometre, diameter: <3 micrometre, length to diameter ratio: >3) is 1.0 fibre per millilitre of air.

Employers are required to ensure that no employee works in an environment where exposure (measured as TWA-8, time weighted average over 8 hours) in excess of the exposure limit can occur. If reduction of exposure levels is not reasonably practical by using engineering controls, the use of respiratory equipment and personal protective clothing may be resorted to.

Note that the demolition or alteration of structures containing asbestos lagging or insulation is subject to very stringent control measures.
FIBRE-CEMENT

Everite have for a number of years conducted a conversion programme to substitute asbestos fibre with an acceptable alternative.
The 'NEWTEC' fibre cement range still contains approximately 90% cement in addition to pine fibre, silica and 'other organic material'.
All flat products, including 'slate' roofing tiles, have been asbestos free since 1986.
The BIG 6 PROFILE roofing sheets have been asbestos free since 1997.
It is the intention to phase out asbestos in the piping range within 18 months. All other products, including garden products, still contain asbestos.
No timetable for phasing out is available.

HAZARDOUS CHEMICAL SUBSTANCES REGULATIONS (of 1995)

A HCS is defined as any substance or mixture of substances for which an occupational exposure limit (OEL, formerly know as TLV) has been prescribed.

These substances are by their nature either toxic, harmful, corrosive, irritant or asphyxiant. A substance for which no OEL has been prescribed may still be considered a hazard to health and as such would be covered by these regulations.

The OEL values, like TLV values, are expressed as eight-hour time weighted averages for a forty-hour workweek. All known chemical substances have been divided into two groups:

Table one substances carry a control limit (CL),
Table two substances a recommended limit (RL)

The OEL-CL's have been set, as far as inhalation of the substances is concerned, at levels where the risk from exposure is low but not totally eliminated, taking a judgement on the balance between risk to health and the cost and effort of reducing exposure. Substances with CL's are either known carcinogens or substances where there is no doubt about the seriousness of the effects of exposure.

It is the duty of the employer to ensure that the level of exposure is reduced as far as is reasonably practicable.

There are approximately 50 substances (or groups of substances) listed as OEL-CL types. Some examples: benzene, cadmium sulphide pigments, hexavalent chromium compounds, 2-ethoxyethanol and its acetate ('cellosolve' and acetate), butylcellosolve, formaldehyde, all isocyanates, crystalline silica, styrene (table 1) and methylene chloride.

The OEL-RL's have been set at a level at which there is no indication of risk to health. Table 2 contains approximately 700 compounds or groups of compounds and contains many solvents commonly used in the paint industry, compounds such as amines, plasticisers, titanium dioxide, calcium carbonate, pentaerythritol etc.

Many of both CL and RL substances also carry 'short term' OEL's. The averaging period for the ST OEL is normally 15 minutes. (viz: any 15-minute period throughout the working shift). Short-term limits restrict the magnitude of excursions above the average concentration during longer exposures.

Note that in the case of CL type compounds, the employer shall ensure that exposure is at a level as low as is reasonably practicable below the control limit, without the use of personal protective equipment, i.e. by the use of engineering controls.

In the case of RL type compounds, proper engineering controls are the first step to minimise the exposure, which may be further reduced by the use of PPE (personal protective equipment).

The regulations give details as to the required training, risk assessment, air monitoring, medical surveillance, keeping of records, disposal of HCS's, etc.

The HCS regulations also refer to the following SABS codes of practice.

SABS 0228 Identification and classification of dangerous substances and goods, and
SABS 0229 Packaging of dangerous goods for road and rail transportation in South Africa.

Codes of practice 0228 and 0229 are still being finalised by the SABS and will form the subject of a separate newsletter.

It goes without saying that the HCS regulations have very specific and important ramifications for the paint and allied industries and every effort must be made to comply with them, using SABS ARP006: 1991 as one of the guidelines.

ENVIRONMENTAL REGULATIONS FOR WORKPLACES

These regulations concern themselves with thermal requirements (exposure to either cold or heat), windows, ventilation, housekeeping, exposure to noise, precautions against flooding and fire precautions (and means of escape). Special attention is paid to illumination for a variety of workplaces.

The following, amongst many others, are dealt with: offices, laboratories, storerooms and warehouses, paint manufacture, paint shops and spraying booths.

Please note that ARP006: 1991 is somewhat outdated, as already mentioned in newsletter no.4, and particularly in respect of the MSDS format illustrated on page 8, annex A.

The SAPMA Technical Committee has started discussions with the SABS to update the code to conform with recent legislation.

Its essential usefulness in terms of health hazard ratings and personal protective equipment is not affected by these comments.

NOTE: This summary is based partly on the Act itself, but to a large extent on the 'explanation' of the Act by Darlow and Louw. Both, as well as an updating service, are available from: LEX PATRIA PUBLISHERS.
It should not be relied on for definitive answers to specific questions, but is intended as general information to highlight the existence and general requirements of the OHSACT.

Members who require more information or guidance with respect to ensuring that their workplaces are safe, should contact the Director.

LEAD REGULATIONS

These were first published in 1991 and later incorporated into the OHSACT. Like the asbestos regulations, lead regulations will be lined up with the HCS regulations at a later stage.

Note that these regulations stress the principle of self-regulation: hazards in the workplace must be addressed by communication and co-operation between the employer and the employees.

They apply to all employers at workplaces where lead and lead compounds could enter the human body, by inhalation or ingestion and where the airborne lead concentration can reach the action level. The action level (as TWA-8) is 0.075 mg/m?, and the exposure limit 0.15mg/m? of airborne lead.

The regulations require high levels of education and training, thorough assessment of the workplace, air monitoring where applicable and regular biological monitoring and medical surveillance (particularly of female employees able to reproduce).

They prohibit the use of lead paint for the interior painting of buildings, the removal of lead paint by dry processes such as scraping, rubbing down or burning. (lead paint is defined as containing more than 5% soluble lead calculated as lead monoxide on dry mass).

In practice, in the paint industry, the main compounds affected by these regulations are red lead, calcium plumbate and lead chrome pigments. Due to the complex nature of the issues, it is recommended that professional advice be sought to ensure compliance with these regulations.

LEAD IN PAINT - Lead in Paint Regulation

Recent articles in the press media have referred to unacceptable levels of lead found in paints sold through retail outlets and used to paint children's furniture, toys and even, in some cases, interior walls.

The paints tested are usually brightly coloured (red, orange, yellow, purple or green) enamels which may be solvent or water based.

SAPMA (the South African Paint Manufacturers Association) has been pro-active in co-operating with the Department of Health and the Medical Research Council of South Africa to control and limit the levels of lead used for these purposes.

SAPMA is also in close consultation with the Department of Health in formulating imminent legislation to control these levels. This legislation is expected effectively to prevent the use of lead chrome pigments in enamel paints.

SAPMA members have agreed over the past several years to implement across the board a Recommended Code of Practice which requires them to:

• Become conversant with all legislation relevant to potentially hazardous products, in particular the Occupational Health and Safety Act 85 of 1993 and the South African National Standard (SANS) No. 10265 which has to do with labelling of products containing lead.
• Affix labels reading: "CONTAINS LEAD: SHOULD NOT BE USED ON SURFACES LIABLE TO BE CHEWED OR SUCKED BY CHILDREN" on all products containing more than 0.15 per cent total lead.

In addition, marine and industrial coatings sold through all outlets, whether wholesale or retail, are required by law to be accompanied by a full Material Safety Data Sheet (MSDS) conforming to South African National Standard (SANS) No. 11014.

This is a reminder to SAPMA members and all other responsible manufacturers of surface coatings to implement this Code of Practice with immediate effect in the face of impending legislation.

5 December 2005

P O Box 751605
GARDENVIEW
2047

Telephone:- 011-4552503 Fax:- 011-4552502 E-mail:- sapiti@sapma.org.za