Regulations Involved

The primary regulation that oversees GHS in South Africa is the Regulations for Hazardous Chemical Agents, 2021 (RHCA). This regulation aligns with the UN Globally Harmonized System (GHS) Revision 8, 2019.

The South African National Standard (SANS) 10234 is aligned with GHS and may be used as an alternate guide. If any differences are presented between the RHCA and SANS 10234, the RHCA will take precedence.

There are also some supplemental regulations:

1. SANS 11014:2010 Safety data sheet for chemical products — Content and order of sections
2. SANS 10228 The identification and classification of dangerous goods for transport by road and rail modes
3. SANS 10232-4 Transport of dangerous goods – Emergency information systems Part 4: Transport Emergency Card (TREC)

These regulations were created to protect human health and the environment against the adverse effects of hazardous chemicals in South Africa. The RHCA will be enforced starting September 2022 and will have an 18 month transition period.

Who Does This Apply To?

Hazardous chemical substances and mixtures that are intended to be used at a workplace must comply with the requirements on classification, labelling, packaging, and safety data sheets according to the regulations.

The GHS requirements for classification, labelling and SDSs are not applicable to foodstuffs, cosmetics or pharmaceuticals in their final form

Is This Regulation Mandatory?

GHS requirements were voluntarily for companies since 2012 through SANS 10234. However, the new adopted RHCA now makes GHS requirements mandatory.

From September 2022, manufacturers, importers, suppliers and retailers of hazardous chemical substances and mixtures for the workplace must comply with the requirements outlined in the RHCA.

It is also important to note that transport is highly regulated in South Africa. If your product is regulated for transport, it is mandatory to carry a TREC.  This card provides documentation outlining the hazards and precautions for the goods the driver is transporting.

What are the risks if a company chooses not to comply?

According to the RHCA, any person who fails to comply with the provisions of this regulation is subject to a fine or imprisonment of up to six months. In the case of continuous violation, an additional fee of R500 per day or an additional imprisonment day for each day the offence continues.

How Can Nexreg Ensure Your Compliance?

Nexreg will first review the product information to determine the applicable GHS hazards. We request that the full formula be provided, as well as other information including the current SDS and any known physical data.

The product information will be reviewed, followed by the generation the Safety Data Sheet (SDS) and label compliant with South African regulations. The SDS will be generated in the required language, English.   Nexreg can also provide a TREC if your product is regulated for transport.