Material safety data sheet [MSDS] certification services

Courtesy: Material safety data sheet [MSDS] certification services

South Africa

This section contributes to a better understanding of the regulations governing SDS within the South African framework. As regulations may change, it is the responsibility of the reader to verify the validity of the regulations mentioned in text.

As globalisation increased and countries engaged in cross-border trade, the quantity of hazardous material crossing international borders amplified. Realising the detrimental effects of hazardous trade, the United Nations established a committee of experts specialising in the transportation of hazardous goods. The committee provides best practises governing the conveyance of hazardous materials and goods for land including road and railway; air as well as sea transportation. These best practises are constantly updated to remain current and relevant.

There are various other international bodies who provide greater detail and guidance for specific modes of transportation such as the International Maritime Organisation (IMO) by means of the International Maritime Code and the International Civil Aviation Organisation (ICAO) via the Technical Instructions for the safe transport of dangerous goods by air as well as the International Air Transport Association (IATA) who provides regulations for the transport of dangerous goods.

These guidelines prescribed by the international authorities are applicable to the South African land, sea and air transportation of hazardous materials and goods. In addition to these rules and regulations to International best practice, South Africa has also implemented common laws which are laws based on custom and practise. Common laws are a vital part of maintaining public order and forms the basis of case laws. Case laws, using the principles of common law are interpretations and decisions of statutes made by courts. Acts of parliament are determinations and regulations by parliament which form the foundation of statutory law. Statutory laws are published in the government gazette or on the official website. Lastly, subordinate legislation are the bylaws issued by local authorities and authorised by parliament.

Statutory law gives effect to the Occupational Health and Safety Act of 1993 and the National Road Traffic Act of 1996. The Occupational Health and Safety Act details the necessary provisions for the safe handling and storage of hazardous materials and goods whilst the transport act details with the necessary provisions for the transportation of the hazardous goods.

Relevant South African legislation includes the Hazardous Chemicals Agent regulations of 2021 under the Occupational Health and Safety Act of 1993, the Chemical Substance Act 15 of 1973, and the National Road Traffic Act of 1996, and the Standards Act of 2008.

There has been selective incorporation of aspects of the Globally Harmonised System (GHS) of Classification and Labelling of Chemicals into South African legislation. At each point of the chemical value chain, there is a responsibility to manage chemicals in a safe and responsible manner. SDS is therefore required by law. A SDS is included in the requirements of Occupational Health and Safety Act, 1993 (Act No.85 of 1993) Regulation 1179 dated 25 August 1995.

The categories of information supplied in the SDS are listed in SANS 11014:2010; dangerous goods standards – Classification and information. SANS 11014:2010 supersedes the first edition SANS 11014-1:1994 and is an identical implementation of ISO 11014:2009. According to SANS 11014:2010: