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The REGULATIONS RELATING TO LEAD IN PAINT from the Department of Health

Monday, 14 January 2019   (0 Comments)
Posted by: Tracy Mphaphuli
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Dear Members


The Department of health (DOH)  is in the process of amending the current Lead in Paint Declaration Regulation. Attached is the revised draft lead in paint Regulation, which we sincerely ask ypu to comment on, especially on the section for "Storage of Paint", which some of the members of the established technical working group, are of the opinion that this element is not relevant to the scope of the regulation, it is  regulated already by Department of labour and Fire Department through municipal by-laws and it is a waste of resource for governments to duplicate regulation of aspects.


DOH has considered to include this "storage of paint" we have declared lead in paint as a group II hazardous substance as provided in the Hazardous Substance Act, which makes provision for Minister to declare such substances because of being corrosive, flammable, oxidizing, explosive, toxic to human health. So lead as a chemical has toxic effects and final paint product is flammable, because of the flammable ingredients included. and if not appropriately stored, fire or spillages that may result in fire or environmental contamination that may affect nearby water. biodiversity resources that man depend on might occur.


Furthermore,  Section 29 of the Act further makes provision for Minister to make regulations regarding import, export, storage, labeling, modification, restrictions, prohibitions, packaging, transportation, dumping, sampling and analysis, precautions to be taken to prevent injury, ill health and death, records, registers and stats to be kept, etc Another reason for this proposed provisions of "storage of paint' is to promote GHS implementation, and t prevent chemical incidents (e.g. spillage, fire, human chemical

poisoning) due to improper storage and to ensure measures are in place to respond appropriately to protect public health or death.


Although the provisions proposed for storage of paint might be enforced by DOL and Fire Departments. This additional regulation and enforcement might assist in cases other law enforcement agencies cannot do routine inspections of such premises, and only attend to incidents/complaints, because of limited resources or competing priorities, EHPs can be a backup as they are expected to do routine inspections .


 We know that some municipalities might have specific relevant by-laws, while other may have some by-laws , which might not address the aspects proposed and other municipalities might not even have this By laws at all.


You are welcome to send your comment directly to Flavia Makobe at



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