On Friday, 1 March 2024, Mr TW Nxesi, the Minister of Employment and Labour, gave notice in Government Gazette No. 50203 (No. R.4437 of 2024) (“the Notice“) that he intends, in terms of section 43 of the Occupational Health and Safety Act, No. 85 of 1993 (“OHSA“), after consultation with the Advisory Council for Occupational Health and Safety, to compile Regulations as set out in the schedule to the Notice, being the Draft Lead Regulations (“Draft Regulations“).

Scope of application of the Draft Regulations

• Regulation 2 states that the Draft Regulations, subject to regulation 2(2), must apply to every employer and self-employed person at a workplace where “lead work” takes place and lead can be inhaled, ingested, or absorbed by any person in that workplace. The definition of “lead work” refers to the types of work involving the following:
  • where a person is exposed to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds;
  • where lead containing batteries and radiators, or parts thereof, are manufactured, assembled, handled or repaired, which involves the manipulation of dry lead compounds, or pasting or casting lead;
  • dismantling lead containing batteries for recycling;
  • melting, casting or spraying lead metal or alloys;
  • recovering lead from its ores, oxides or other compounds by thermal reduction processes;
  • mechanical abrasion of metal plant, machinery or products, containing lead or lead alloys or the abrasion of any surface painted with lead containing paint;
  • electric arc, oxyacetylene, plasma arc or a flame that is applied to the surface of metal coated with lead or paint containing lead;
  • spray painting with lead containing paint;
  • confirmatory laboratory tests for lead, lead compounds or lead alloys;
  • manufacture, test or use of detonators, ammunition or other explosives that contain lead;
  • lead and lead alloy foundry processes;
  • work where lead is produced, processed, used, handled, or stored in a form in which it can be inhaled, ingested or absorbed.
• The scope of application of the Draft Regulations is broader than the 2002 Lead Regulations in that the Draft Regulations not only refers to workplaces where lead can be inhaled, ingested, or absorbed but also workplaces where “lead work” takes place. Although the scope of application is broader, it provides more clarity as to the type of businesses and/or workplaces to which the Draft Regulations apply.
• Essentially, the Draft Regulations apply to businesses and/or operations in industries such as the iron and steel, construction, energy, and automotive industries.

Key considerations to note

• In addition to the provisions already contained in the 2002 Lead Regulations, the Draft Regulations deals with provisions pertaining to:
  • the classification of lead and lead containing products; and
  • identification of lead and lead work.
• The provisions as it appears in the 2002 Lead Regulations are amplified and expanded on in greater detail in the Draft Regulations and should be carefully considered by employers and/or self-employed persons conducting lead work and where lead can be inhaled, ingested or absorbed by any person in a workplace to the extent that it places additional obligations on such employers and/or self-employed persons.

Repeal of the 2002 Lead Regulations

The Draft Regulations indicate that the 2002 Lead Regulations (which is binding under OHSA) will be repealed 18 months after the date of promulgation of the Draft Regulations, which date will be confirmed in future. This will give the affected businesses an opportunity to ensure a smooth transition and put measures in place to ensure compliance with the Draft Regulations.

Submission of written comments

Persons who are interested in commenting on the Draft Regulations must do so in writing to the Director-General of the Department of Employment and Labour within 90 days from the date of publication of the Notice (being 1 March 2024). Written comments should be made on the form attached to the Notice. The last day for submitting written comments is Thursday, 30 May 2024.

Please click on the link for a copy of the Notice, which sets out further details regarding the channels through which submissions can be made.

Author: Cindy-Lee Bekeer