Occupational health and safety in non-mining workplaces has increasingly come under the spotlight due to the types of incidents and accidents that have occurred, and the nature of physical and non-physical impacts being reported by employees, sometimes long after employees have left the workplace. This is aligned with the recent focus in the mining industry on key themes such as avoiding workplace gender-based violence, and the impacts of noise, dust, vibration and related aspects.
It is therefore unsurprising that the Minister of Employment and Labour (Minister) continues to promulgate Regulations aimed at addressing these key aspects.
On 6 March 2025 the Minister gazetted new Physical Agents Regulations (Physical Agents Regulations, 2024), Noise Exposure Regulations (Noise Exposure Regulations, 2024), and amended the General Safety Regulations (GSR Amendments).
The Physical Agents Regulations, 2024 are aimed at addressing the complete range of physical agents that may impact on persons at a workplace including heat stress, cold stress, vibration, radiation, illumination and ventilation. The Noise Exposure Regulations, 2024 are aimed at addressing exposure to noise, medical screening and medical surveillance in relation to noise, prevention of noise, hearing-protective devices, and the roles of suppliers and manufacturers of equipment and machinery. Both the Physical Agents Regulations, 2024 and the Noise Exposure Regulations, 2024 came into effect on the date of publication (6 March 2025), but the Regulations that they replace (Noise-Induced Hearing Loss Regulation, 2003 and the Environmental Regulations for Workplaces, 1987) are only repealed eighteen months after the date of promulgation of the Physical Agents Regulations, 2024 and the Noise Exposure Regulations, 2024.
The amendments to the General Safety Regulations are again focused on workplace hazards arising out of a changing working environment and includes new Regulations on “housekeeping” (containing specific provisions regarding, amongst others, unimpeded workspace, effective open floor area that must be available for each employee), precautions against flooding, and fire precaution and means of egress (escape). These GSR Amendments are in force and effect.
The new Regulations are far-reaching and will require relevant employers (in conjunction with employees) to carefully consider the new compliance requirements (we normally suggest a “gap analysis”) to ensure full compliance as soon as possible. The new Regulations will require employers to conduct thorough risk assessments (multi-disciplinary, multi-perspective risk assessments) and the implementation of appropriate measures to address the identified hazards and the assessed risks, and, thereafter, to develop and implement comprehensive health and safety training and information programs, not only in compliance with the new Regulations, but also the general responsibilities which are placed on employers in terms of Sections 8, 9, and 10 of the Occupational Health and Safety Act, No. 85 of 1993.
1. Physical Agents Regulations, 2024
The Physical Agents Regulations, 2024 apply to any employer or self-employed person who carries out work at a workplace which may expose any person to a physical agent in that workplace, as well as any designer, manufacturer, importer or supplier of plant and machinery for use at a workplace. The Physical Agents Regulations, 2024 are extensive, with physical agents being defined, in the Physical Agents Regulations, 2024, as any source of energy which may result in injury or disease after exposure and includes, but is not limited to, cold stress, heat stress, vibration, non-ionising radiation and illumination.
Importantly, the Physical Agents Regulations, 2024 do not, however, apply in the case of noise, where the Noise Exposure Regulations, 2024 apply, and the Environmental Regulations for Workplaces, 1987, are to be repealed within an eighteen-month period after date of promulgation of the Physical Agents Regulations, 2024.
Employers are required to conduct a physical agent exposure risk assessment, physical agent exposure monitoring, as well as provide both physical and theoretical training to employees exposed to physical agents, in terms of the Physical Agents Regulations, 2024. The Physical Agents Regulations, 2024 provide extensive obligations for both employers and employees who work with physical agents, and contain medical screening and medical surveillance measures to be carried out in respect of employees who, after conducting a physical agent exposure risk assessment, are required to undergo medical screening, as well as vulnerable employees, in which case the employer is obligated to obtain the opinion of an occupational medical practitioner to determine whether it is necessary to conduct medical screening.
The Physical Agents Regulations, 2024 set out the measures and obligations to be taken by employers in respect of cold stress, heat stress, vibration, non-ionising radiation and illumination, as well as stipulate occupational exposure limits in respect of physical agents. Prevention and control measures to exposure to physical agents are stipulated in the Physical Agents Regulations, 2024, as well as stipulations in respect of personal protective equipment and facilities to be provided, and maintenance and ongoing obligations in respect of control measures. The Physical Agents Regulations, 2024 additionally impose offences and penalties for contraventions of the Physical Agents Regulations, 2024, which include both fines or imprisonment.
2. Amendment to the General Safety Regulations
The General Safety Regulations have been amended by the Minister to include new regulations 13H, 13I, and 13J, being regulations in respect of Housekeeping, Precautions against Flooding, and Fire Precaution and means of egress.
The Regulations in respect of “housekeeping” are aimed at, amongst other things, providing measures to ensure that workplaces are impediment free, and that employees are working in a clean, safe working environment. The Regulations in respect of “Precautions against Flooding” impose measures which must be taken on employers in workplaces where there is a risk of flooding. Finally, the Regulations in respect of “Fire Precaution and means of egress” provide measures which must be taken by employers to, among other things, ensure that there are adequate emergency escape routes, and includes provisions that fire-escapes must be made from non-combustible materials, and be clear of obstructions to ensure quick and safe egress of users.
Penalties and offences have additionally been gazetted, in the amended General Safety Regulations to provide for fines or imprisonment in respect of Regulations 13H, 13J, and 13I.
3. Noise Exposure Regulations, 2024
The Noise Exposure Regulations, 2024 have been gazetted and apply to any employer or self-employed person at any workplace under their control where persons are exposed to continuous or impulse noise at our above either the noise-rating limit or the noise action level where there is concomitant exposure to ototoxic chemical agents and/0r whole body vibrations. The Noise Exposure Regulations, 2024 additionally apply to a designer, manufacturer, importer or supplier of plant or machinery for use at the workplace.
The Noise Exposure Regulations, 2024 oblige employers to take measures to ensure that no person entering the workplace under their control will be exposed to noise at or above the noise-rating limit or the noise action level where there is concomitant exposure to ototoxic chemical agents and/or whole body vibration. Employers, who are obliged to apply the Noise Exposure Regulations, 2024, are required to conduct noise exposure risk assessments, noise exposure monitoring and medical surveillance and screening. Continuous and refresher theoretical and practical training is to be provided to employees likely to be exposed to noise, and the Noise Exposure Regulations, 2024 provide duties and responsibilities to employees or persons who may be exposed to noise, as well as provide duties and responsibilities on designers, manufacturers, importers, and suppliers of plant and machinery to minimize the effects of noise.
The Noise Exposure Regulations, 2024 additionally contains a Code of Practice for Audiometry to assist employers with the development and implementation of a medical screening and medical surveillance programme, detect early noise induced hearing loss, and prevent further hearing loss.
Importantly, where the employer or self-employed person exposes any person to either an ototoxic agent or whole-body vibration, the provisions of the Regulations for Hazardous Chemical Agents and Physical Agents Regulations, 2024 apply. The Noise-Induced Hearing Loss Regulations, 2003, are to be repealed within eighteen months of promulgation of the Noise Exposure Regulations, 2024.
For further details, please contact Warren Beech at warren@bv-inc.co.za or Bryan White at bryan@bv-inc.co.za.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For tailored guidance, please consult one of our legal professionals.