| (1) | A self-employed person must conduct and document the risk assessment to determine if any person could be exposed to an HBA. |
| (a) | conduct and document the risk assessment to determine if any person could be exposed to an HBA; and |
| (b) | ensure that the HBA risk assessment contemplated in paragraph (a) is conducted by a competent person. |
| (3) | When conducting the risk assessment, as contemplated in subregulation (1) and (2), the employer or self-employed person must take into account, as a minimum, the following matters: |
| (a) | The nature of the HBA and the possible route of exposure; |
| (b) | where the HBA might be present and in what form it is likely to be; |
| (c) | the nature of the work and work processes; |
| (d) | current control measures in place, effectiveness of control measures and any reasonable deterioration in, or failure thereof; and |
| (e) | what effects the HBA can have on men, women, young employees, including pregnant, immunocompromised and vulnerable employees where such difference may exist. |
[Regulation 6(3)(e) substituted by Notice No. R. 2693 of GG47413, dated 31 October 2022]
| (4) | An employer or a self-employed person must conduct the risk assessment on the basis of all available information, including— |
| (a) | classification of the HBA into the relevant risk group according to its level of risk of infection as contained in Annexure A; |
| (b) | recommendations from the manufacturer, supplier or a competent person regarding additional control measures necessary in order to protect the health of persons against such agents as a result of their work; |
| (c) | information on diseases that may be contracted as a result of the activities at the workplace; |
| (d) | potential allergenic, infectious or toxic effects that may result from the activities at the workplace; and |
| (e) | knowledge of diseases from which employees might be suffering and which may be aggravated by conditions at the workplace. |
| (5) | An employer must, in terms of the risk assessment— |
| (a) | consider the recommendations identified in the risk assessment; and |
| (b) | develop a documented action plan for the implementation of the recommendations. |
| (6) | An employer must review the assessment required by subregulation (1)— |
| (a) | at intervals not exceeding 24 months; |
| (i) | the previous assessment is no longer valid; |
| (ii) | there has been a change in a process involving an HBA; |
| (iii) | there has been a change in the methods, plant or machinery, procedures in the use, handling, control or processing of an HBA; |
| (iv) | an incident occurs involving an HBA; or |
| (vi) | medical surveillance reveals an adverse health effect,where an HBA is identified as a contributing factor. |
| (7) | The employer must ensure that all employees, the relevant health and safety representative and health and safety committee are informed of the results of the risk assessment, who may comment thereon. |
