On 6 March 2025, the Minister of Employment and Labour promulgated the Physical Agents Regulations, 2024, the Noise Exposure Regulations, 2024, and a notice regarding amendments to the General Safety Regulations. These amendments primarily consolidate obligations previously contained in the Environmental Regulations, which will be repealed by the new Physical Agents Regulations. These Regulations fall under the Occupational Health and Safety Act, 85 of 1993, as amended (OHSA), and are intended to protect the health and safety of persons who may be exposed to cold or heat stress, vibration, radiation, illumination hazards, and harmful noise in the workplace.
The full text of the amended Regulations can be accessed
here. We summarise some of the material changes that employers regulated by OHSA are required to consider and implement.
Physical Agents Regulations, 2024
The Physical Agents Regulations 2024 will repeal the Environmental Regulations for Workplaces, 1987, 18 months from their promulgation date, i.e. on 6 September 2026. It is not clear whether both sets of regulations apply concurrently until that date or whether the new Physical Agents Regulations only take effect in September 2026. In either case, employers are encouraged to begin implementation, so far as is reasonably practicable, to ensure full compliance by the effective date.
The Physical Agents Regulations apply to any employer or self-employed person who performs work at a workplace that may expose any person to a Physical Agent, and designers, manufacturers, importers, or suppliers of plant and machinery for workplace use.
The Physical Agents Regulations provide several measures to minimise and/or control health risks associated with exposure in the workplace. A “Physical Agent" is defined as a "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". The Physical Agents Regulations introduce the concept of "Vulnerable Employees", defined as "an employee who is at a higher risk of injury, disease or complications caused by exposure to a Physical Agent".
The Physical Agents Regulations require that a competent person conduct a documented risk assessment at least every two years. Thereafter, informed by the findings of the risk assessment, employers must implement a Physical Agent exposure monitoring programme if the assessment indicates that employees may be exposed to a Physical Agent: (i)
at or above the occupational exposure limits set out in Tables 1 and 2; (ii) at or above the guideline values in Table 3; or (iii)
outside the range for the guideline values in Table 3. This exposure monitoring programme must be conducted by a competent person.
Employees must be placed under a documented medical screening programme where such a need is identified in the risk assessment or where the employee is a Vulnerable Employee. The appointed Occupational Medicine Practitioner (OMP) must determine the need for medical screening and specify the screening requirements. Medical screening must be carried out by an OMP:
immediately before an employee commences employment; and subsequently at intervals recommended by the OMP but
not exceeding two years. The OMP must inform the employer in writing of the outcome of an employee's health evaluation, where the outcome is normal.
Exit medical screening must be carried out upon termination of an employee's employment, unless medical screening was conducted within six months prior to the termination date.
The employer must establish, implement, and maintain a documented system of medical surveillance, overseen by an OMP. Employees must provide written informed consent for their participation in the medical screening and medical surveillance programme.
The employer must ensure that exposure to a Physical Agent is eliminated, as far as is reasonably practicable. Where elimination is not reasonably practicable, the employer must reduce exposure to below the occupational exposure limits (OELs) set out in Tables 1 and 2, by implementing the hierarchy of control measures outlined in Regulation 15(2). These include engineering controls to eliminate or reduce exposure at the source; maintaining plant and machinery that generate a Physical Agent in good working order; administrative control measures to limit the number of persons exposed and the duration of exposure; and provision of suitable personal protective equipment (PPE) capable of reducing exposure. The employer must ensure that all control measures are properly and consistently used; maintained in an efficient state and in good working order, good repair, and clean condition; and reviewed for effectiveness through inspections and testing by a competent person at intervals not exceeding two years.
Employers must consult with health and safety representatives and/or the health and safety committee to inform them of the intention to conduct the required assessments, monitoring and surveillance, and must share the documented outcomes.
Instruction and training must be provided to employees, mandataries, and any other persons exposed to Physical Agents. Training must include both practical and theoretical knowledge of potential sources of exposure to Physical Agents; the associated risks to health and safety; existing control measures; precautionary measures employees must take to protect themselves from exposure; procedures for reporting and accessing risk assessments, monitoring results, and personal medical records. Refresher training must be conducted
annually.
Records relating to training, risk assessments, action plans, monitoring, measurements, medical screening and surveillance, and the maintenance of control measures must be retained for 40 years. These records must be made available to the health and safety representative, health and safety committee, or an inspector.
In respect of specific Physical Agents:
Cold stress / Heat stress
Employers must eliminate cold or heat stress at the source where reasonably practicable. If not reasonably practicable, and where exposure is at or below the OEL set out in Table 1, employers must implement minimum measures in Regulations 9(2), 10(2), and 10(3);
Illumination
Employers must ensure that workplace illumination accounts for illuminance values, glare, uniformity, flicker, and stroboscopic effects. Specialised illumination must be provided for hazardous or precision tasks. Requirements under Regulation 11 include:
o
maintaining illuminance values in accordance with Tables 4 and 5 (interior workplaces) and Tables 6 and 7 (exterior workplaces).
o
eliminating or reducing glare, flicker, and stroboscopic effects to preserve visual performance; and
o
providing emergency illumination evacuation, in accordance with Regulations 11(5) and 11(6).
Employers must conduct an illumination measurement and monitoring programme at the workplace where a risk assessment indicates that any employees may be exposed to substandard illumination, specifically: illumination below the minimum maintained average illuminance values set out in Tables 4, 5, 6 and 7; flicker; stroboscopic effect; or a need for specialised illumination for hazardous or precision tasks. The monitoring programme must be conducted by a competent person at a frequency determined by the Physical Agent exposure risk assessment, or at intervals not exceeding
two years. Employers must consider the recommendations set out in the illumination measurement and monitoring report and must develop a
documented action plan for implementation.
Indoor air quality
Employers must ensure that the risk of exposure to hazardous biological, chemical or physical agents affecting indoor air quality is eliminated at source where reasonably practicable. If elimination is not reasonably practicable, employers must control indoor air quality to the guidance levels contemplated in Table 3. Artificial ventilation systems must be routinely tested by a competent person and maintained in accordance with OEM specifications. Monitoring must include air temperature, velocity, and relative humidity.
Vibration
Hand-arm or whole-body vibration must be eliminated at source. If this is not reasonably practicable, control measures must be reviewed to reduce exposure below the prescribed action levels. Employers must investigate alternative working methods, ensure that plant and machinery are designed to generate minimal vibration, and maintain them in proper working condition. The magnitude and duration of exposure must be limited. Detailed monitoring and medical screening and surveillance are required. Exposure monitoring must comply with SANS 2631 and be representative of actual employee exposure.
Occupational non-ionising radiation
Non-ionising radiation must be eliminated at source. Where this is not reasonably practicable, alternative working methods must be investigated, and plant or machinery that produces the least possible radiation must be used. The magnitude and duration of exposure must be limited. Suitable PPE must be issued and used. Required signage must be displayed, and monitoring must take into account the sources and type of occupational non-ionising radiation.
Noise Exposure Regulations, 2024
The Noise Exposure Regulations, 2024 (New Noise Regulations) will repeal the Noise-Induced Hearing Loss Regulations, 2003, with effect from 6 September 2026. The New Noise Regulations apply to any employer at a workplace where persons are exposed to continuous or impulse noise at or above either the noise-rating limit or the noise action level, where there is concurrent exposure to ototoxic chemical agents and/or whole-body vibration, and any designer, manufacturer, importer, or supplier of plant or machinery for use at a workplace.
Once in force, the New Noise Regulations will require employers to ensure that a competent person conducts a documented risk assessment every two years. If the risk assessment indicates that employees may be exposed to noise at or above the noise-rating limit or noise action level, the employer must implement a noise exposure monitoring programme. This programme must be carried out by an approved noise inspection authority at least every two years. Employers must ensure that exposure to noise is eliminated, as far as reasonably practicable. Where this is not reasonably practicable, exposure must be reduced to below the limits specified in Regulation 2, by implementing the hierarchy of control measures set out in Regulation 10(2). These include engineering control measures to eliminate or reduce exposure at source; keeping plant and machinery in good working order; and administrative controls to limit the number of persons exposed and the duration of exposure. The employer must also ensure that any control measure is fully and properly used; maintained in an efficient state and in good working order, good repair, and clean condition
Where indicated by the risk assessment, or where an employee is a Vulnerable Employee, the employee must be placed under a documented medical screening programme. The appointed OMP must determine the necessity for and requirements of this screening. Medical screening must be carried out: immediately before the employee commences employment; at intervals determined by the OMP, not exceeding two years. The OMP must inform the employer in writing of the outcome of the employee's health evaluation, where the outcome is normal. Exit medical screening must be conducted at the termination of employment, unless the employee underwent screening within the previous six months. In addition, employers must implement audiometry for any employee who may be exposed to noise, or who is a Vulnerable Employee. Audiometric testing must be conducted by a Competent Person: audiometric testing, in accordance with the Code of Practice for Audiometry.
Noise zones must be identified and clearly demarcated. No person may enter or remain in these areas unless they are wearing effective Hearing Protective Devices (HPD) correctly. All employees must be issued with suitable HPDs.
Employers must consult with health and safety representatives and/or the health and safety committee to inform them of their intention to conduct the required assessments, training, monitoring and surveillance, and to share documented outcomes.
Instruction and training must be provided to employees, mandataries, and any other persons exposed to noise. Training must include
practical and theoretical knowledge on: potential sources of exposure to noise; associated health and safety risks; applicable control measures; personal precautions to reduce adverse effects of exposure; and procedures for reporting and accessing risk assessments, monitoring results and personal medical records. Training must be conducted by a competent person, with refresher training provided annually.
All records relating to training, risk assessments and actions plans, monitoring, medical screening and surveillance, and maintenance of control measures must be kept for 40 years and be readily available to the health and safety representative, health and safety committee, or an inspector.
