This Act provides for the control of substances which may cause injury, ill-health or death by reason of their toxic, corrosive, irritant, sensitizing or flammable nature. The Act also controls certain electronic products and provides for the division of substances into groups in relation to the degree of danger. It also regulates and controls the importation, manufacture, sale, use, operation, application, modification, disposal or dumping of such substances.
In terms of this section the Minister of Health may group substances which may cause injury, ill-health or death by reason of their toxic, corrosive, irritant, sensitizing or flammable nature in relation to the degree of danger.
Compliance Obligations?
Note the Groups I – IV Hazardous Substances in the Regulations and Other Relevant Information below.
This section regulates the sale, use and operation of Groups I and III hazardous substances.
Compliance Obligations?
You may only sell a Group I substance if you have a license issued in terms of section 4 and subject to any condition determined by the Director General. You may only sell, let use operate or apply any Group III substance if you have a license issued in terms of section 4 and subject to any condition determined by the Director General. Certain substances and certain persons may be exempted from these requirements by the Minister from time to time. Failure to comply is an offence.
This section regulates Group IV hazardous substances and sets out the requirements and procedures for their use.
Compliance Obligations?
Unless you have applied in the prescribed manner and have paid the prescribed fee and have been granted written authority in terms of section 2, you may not produce, acquire or be in possession of, use or convey any Group IV substance. Note that if you are the holder of the written authority, any employee may, during the normal course and scope of his employment, perform any of the activities described above.
This section regulates licensing requirements for Groups I, III and III substances. It also sets out the procedures for applications for such licenses.
Compliance Obligations?
Unless you have a license you may not supply Group I substances. Similarly, you may not sell, let, use, operate or apply or install any Group III substance without a license.
This section regulates an employer or principal’s vicarious liability.
Compliance Obligations?
Unless an employer or principal can show that he did not permit or cause such act or omission and that he took all such steps as he could to prevent the act or omission and that it did not fall within the normal course and scope of the employee, he will be liable for such act or omission of an employee, mandatory or agent.