Legal updates and opinions
News / News
The hazardous biological agents regulations: COVID-19 in the workplace
Hazardous Biological Agents
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney
The Minister of Employment and Labour (“The Minister“) published the Hazardous Biological Agents (“HBA“) Regulations (“Regulations“) on 16 March 2022 in terms of section 43 of the Occupational Health and Safety Act, 85 of 1993 (“OHSA“). The Regulations concern all forms of HBA. This would include, amongst others, SARS-CoV-2 (“COVID-19“).
The Regulations are to be read in conjunction with the Code of Practice: Managing Exposure to SARS-COV-2 in the Workplace (“Code“) which became effective upon the termination of the national state of disaster on 4 April 2022. An update on the recently published Code can be accessed here.
Application of the Regulations “HBA”
The Regulations list COVID-19 as a Group 3 HBA. A Group 3 HBA is defined as an HBA that “may cause severe human disease, which presents a serious hazard to exposed persons and which may present a risk of spreading to the community, but for which effective prophylaxis and treatment is available”.
The Regulations apply to every employer or self-employed person at a workplace where exposure to COVID-19 may occur. The Regulations contemplate reasonably practicable steps that can be taken on the part of an employer to control the exposure to an HBA in a workplace. This includes, amongst others:
- Risk assessments for HBAs
- Exposure monitoring of HBAs
- Medical surveillance
- Record Keeping
- The Prevention and control of exposure to HBAs
- Personal protective equipment and facilities
Failure to Comply with the Regulations “HBA”
Any person who contravenes or fails to comply with these obligations will be guilty of an offence, and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. Duties of persons who might be exposed to HBAs.
Latest News
Chambers Global Rankings – 2024 Edition
Congratulations to all our ranked lawyers for maintaining the Firms' excellence in the global legal fraternity. Ranked across 19 practices [...]
COMESA’s first ever fine for Anti-Competitive Business Practices
By Nkonzo Hlatshwayo Director, Phuti Mashalane Director and Chiara Ferri, Candidate Attorney The COMESA Competition Commission ("CCC") is clamping down [...]
Employment Equity Act: Draft Regulations on Proposed Sectoral Numerical Targets
and Hanán Jeppie, Candidate Attorney On 1 February 2024, the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister”) published, [...]
Take note and prepare to comment – Proposed Amendments to the COMESA Competition Regulations
and Chiara Ferri, Candidate Attorney On 24 January 2024, the COMESA Competition Commission ("CCC") published its Draft COMESA Competition and [...]
A Snapshot of COP28: the good, the bad and the promising
It has been almost two months since the United Nations ("UN") Climate Change Conference of the Parties to the UN [...]
SARS Binding Private Ruling 399: Replacing an asset shortly after its acquisition under an asset-for-share transaction
and Luke Magerman, Candidate Attorney A recent ruling published by SARS deals with the anti-avoidance implications of the disposal of [...]
