Employers face new requirements under the Physical Agents Regulations
By Liezl Sterne
The deadline
The Physical Agents Regulations, 2024 were promulgated under section 43 of the Occupational Health and Safety Act, 1993 by Government Notice 5952 in Government Gazette 52226 on 6 March 2025, and were amended by GN 7149 in February 2026. Regulation 21 repeals the Environmental Regulations for Workplaces, 1987 eighteen months after promulgation, i.e., 5 September 2026.
A different kind of obligation
The 1987 Regulations were a list of fixed minimum standardsstipulating - this much light, this much fresh air, this many degrees - effectively a one-size-fits-all approad. This has since changed.
The Physical Agents Regulations shift this approach to a risk-based cycle, as is already familiar from the other health-related Regulations such as the hazardous chemical agents regime. This approach starts with identification of the agent, assessment and documenting the risk through a competent person, monitoringexposure against occupational exposure limits and action levels, eliminating the hazard at source, controlling what cannot be eliminated through the hierarchy of controls, screening the health of exposed employees, and keeping of records. The numbers still matter, but they are now the trigger for a programme rather than the entire duty.
The scope is wider too. The regulations bind self-employed persons and, importantly, designers, manufacturers, importers and suppliers of plant and machinery, who must design and supply equipment and items used in the workplace so as to minimise exposure and provide such information as what users may need.
Some Comparative Changes
The table below summarises some of the key differences between the 1987 Regulations and the Physical Agents Regulations, 2024.
| Area | Environmental Regulations, 1987 | Physical Agents Regulations, 2024 |
|---|---|---|
| Thermal stress | Dry-bulb below 6 °C; duties triggered where the WBGT index exceeded 30 over one hour. | Cold stress OEL of 10 °C equivalent chill temperature over 4 hours; heat stress action level of WBGT 27 and OEL of 30 over one hour, monitored to SANS 7243. |
| Lighting | Schedule of minimum illuminance values; emergency lighting of 0,3 lux activating within 15 seconds. | Four illuminance tables plus express duties on uniformity, glare, flicker and stroboscopic effect; escape routes at 1 lux, exits at 5 lux and high-risk areas at 20 lux, activating within 30 seconds (0,5 seconds for high-risk areas). |
| Air and ventilation | Carbon dioxide limits only (0,5 % TWA, 3 % ceiling). | A full indoor air quality duty covering temperature, air velocity, humidity, carbon monoxide, carbon dioxide, mould and biological agents; ventilation systems built to SANS 10400: Part O and tested at least every 24 months. |
| Vibration | Not regulated (beyond lined gloves for cold work). | Hand-arm vibration action level 2,5 m/s² and OEL 5 m/s²; whole-body vibration 0,5 m/s² and 1,15 m/s², both over 8 hours. |
| Non-ionising radiation | Not regulated. | Limits for ultraviolet and infrared radiation and for electromagnetic fields up to 300 GHz, plus mandatory signage. |
| Health surveillance | Annual fitness certificates for cold-room and hot work only. | Documented medical screening and surveillance across all physical agents: entry, periodic (at least every 24 months) and exit screening, written employee consent, certificates of fitness and a 60-day right of appeal to the Chief Inspector. |
| Records and penalties | No general record-keeping duty; fine or up to six months' imprisonment, with R5 per day for a continuing offence. | Records kept for 40 years; fine or up to 12 months' imprisonment, with R200 per day for a continuing offence. |
What to do from here
Conduct a gap analysis. As a starting point, map every workplace and task against the six agents (i.e. cold stress, heat stress, vibration, non-ionising radiation, illumination and indoor air quality) and compare what you currently measure against Tables 1 to 9, as provided for in the Physical Agents Regulations, 2024 .
Engage a competent person. Risk assessments, monitoring, and inspections and tests of control measures must be done by a competent person, and where an NQF-registered qualification exists for the agent, that qualification is required.
Complete a documented baseline risk assessment. The risk assessment must cover hazard identification, who is affected and how, analysis, evaluation and prioritisation of risks, based on actual assessments and monitoring reports; it must consider the differing effects on men, women, young employees and vulnerable employees; and it must be repeated at least every 24 months, or sooner on a change in the workplace, an incident or an adverse medical finding. In addition, each assessment must produce a documented action plan where so required.
Build the monitoring programme. Where the assessment shows exposure at or above an OEL, action level or guideline range, monitoring is mandatory, using the correct instruments and recognised methodology, for example, SANS 7243 for heat, SANS 2631 for whole-body vibration, SANS 10114-1, SANS 10389-1 and SANS 10114-2 for lighting, at least every 24 months.
Update medical screening and surveillance. Update the medical screening and surveillance programme to include hazards identified in respect of the agents covered.
Take action. Where so required, gaps identified should be attended to which may require capital. For instance,installation of emergency lighting or upgrading of lighting in the workplace. Ventilation systems must be tested by a competent person against SANS 10400: Part O, and windows must meet the same standard.
Consult, train and record. Health and safety representatives or the committee must be informed before assessments, monitoring and training, and given the documented outcomes. Every exposed employee must be comprehensively trained before exposure, with refresher training annually. Mandataries and contractors must be covered as well. Records including training, assessments, monitoring, medical reports and maintenance of controls must be kept for 40 years.
Push the duties up your supply chain. Considering the duty now placed on designers and suppliers, it may be worth updating the procurement specifications and tender documents to, for example, include vibration and emission data, and to place the regulation 5 duties expressly
The cost of getting it wrong
Regulation 20 makes a contravention of all duty-bearing provisions as set out in regulations 3 to 18 as an offence. On conviction the penalty is a fine or imprisonment for up to 12 months and, for a continuing offence, a further R200 fine or one day's imprisonment for each day the contravention continues, subject to a 90-day cap on the additional imprisonment.
For more information or assistance, please contact Liezl Sterne.