OHSA: Regulations for Hazardous Biological Agents

07 April 2022
South African Accounting Academy

The Minister of Employment and Labour has made these Regulations under section 43 of the Occupational Health and Safety Act (no. 85 of 1993), after consultation with the Advisory Council for Occupational Health and Safety.

These regulations apply to every employer or self-employed person at a workplace where:

An HBA is produced, processed, used, handled, stored or transported; or
Exposure to an HBA may occur.

Certain Regulations do not apply to an employer or self-employed person at a workplace where exposure is restricted to a Group 1 HBA.

The previous Regulations for Hazardous Biological Substances, 2001 are hereby withdrawn.

Click here to download the New 2022 Regulations:

https://www.labour.gov.za/DocumentCenter/Regulations%20and%20Notices/Notices/Occupational%20Health%20and%20Safety/Hazardous%20Biological%20Agents%202022.pdf

Relevance to Auditors, Independent Reviewers & Accountants:

The HBA Regulations is yet another piece of legislation that your relevant clients must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.

Relevance to Your clients:

An entity (company or close corporation) has a duty to comply with the HBA Regulations, and non-compliance could have serious repercussions and consequences.
These regulations apply to every employer or self-employed person at a workplace where:
- An HBA is produced, processed, used, handled, stored or transported; or
- Exposure to an HBA may occur.
Certain Regulations do not apply to an employer or self-employed person at a workplace where exposure is restricted to a Group 1 HBA.

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