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
Jacob Zuma’s medical records: off limits or fair game
Jacob Zuma's medical records Discussions around medical records have taken centre stage at former president Jacob Zuma's trial for corruption, [...]
Can crypto assets be exported?
The movement of crypto assets between digital wallets The Financial Surveillance Department of the South African Reserve Bank or "FinSurv" [...]
The COMESA Competition Commission’s increasing emphasis on competition enforcement and conduct cases
The COMESA Competition Commission 1. The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the [...]
Burger King merger approved – what role will black ownership play in future mergers?
Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the [...]
“I will never get caught”: The consequences of non-compliance with POPIA
Non-compliance with POPIA With the attention on complying with the Protection of Personal of Personal Information Act No. 4 of [...]
