Employment and Labour on enforcement of Major Hazard Installation (MHI) Regulations

MHI Regulations are a mechanism to reduce the risks of potential major incidents involving dangerous substances – Department of Employment and Labour

Department of Employment and Labour Specialist inspector, Rachel Aphane told delegates at a workshop in Durban that the recently promulgated Major Hazard Installation (MHI) Regulations were now enforceable.

Aphane said the promulgation was a result of lessons learnt internationally. She said the risks of bulk chemicals storage exposure such as Seveso incident, Bhopal incident and the recent Beirut explosion were a wake-up call. Closer to home has been the recent fatal Boksburg gas tanker explosion.

“These Regulations seek to protect employees, public members and ensure there is reasonable separation from MHI facilities. The principal aim of the regulations is to reduce the risks of potential major incidents involving dangerous substances, such as toxic substances (e.g. ammonia), flammable substances (e.g. liquefied petroleum gas), substances that are toxic to humans, environmentally hazardous, and can cause confined explosions,” said Aphane.

According to Aphane if dangerous substances are used or stored at the site in quantities above certain thresholds, the operator must take all measures necessary to prevent major incidents and limit the consequences for human health and the environment and also have emergency plans in place to rescue employees in case of such emergencies or major incidents.

Aphane was addressing the two-day MHI Public Safety & Infrastructure Protection Workshop held in partnership with Sasol, the petrochemical company in Durban.

“The MHIs must be strategically located in permitted areas which do not expose employees and public members to the associated chemical risks,” Aphane said.

She said 10 of the Regulations have been amended/removed.

The Occupational Health and Safety Act, no 85 of 1993, defines a “major hazard installation” (MHI) as:

(a) where more than a prescribed quantity of any substances is or may be kept, whether permanently or temporarily; or

(b) where any substance is produced, processed, used, handled, or stored in such a form and quantity that has a potential to cause a major incident.

The MHI Regulation applies to employers, self-employed persons and users who have on their premises either permanently or temporarily a major hazard installation or a quantity of substances which may pose risk that could affect the health and safety of employees and public.

The new Regulations covers aspect such as: a definition of what is an MHI, the scope of application, notifications, management of MHI, registration of establishment(s), duration of registration and renewal, alteration to particulars of registered establishment, revocation or suspension of registration, sharing of information with adjacent establishments, risk assessment, training, and general duties of local government among others.

Source: Government of South Africa