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27 March 2008

The Minister of Environmental Affairs and Tourism today announced a prohibition on the use, processing or manufacturing, of any asbestos or asbestos containing products.

South Africa (SA) mined crocidolite, amosite and chrysotile asbestos extensively from the late 1800s until 2001. As a major supplier of asbestos to the world, SA produced 97% of the world’s crocidolite, 100% of the amosite and was the fifth largest producer of chrysotile. At its peak asbestos accounted for 3% of the value of South Africa’s mineral exports.

Mining occurred in the Northern Cape, North West, Limpopo and Mpumalanga. The health implications of exposure to airborne asbestos fibres were highlighted in the 1930s and specific links to certain cancers were first made in South Africa in the early 1960s. Due to the extent and severity of asbestos related problems affecting the communities in these provinces, a multi-stakeholder National Asbestos Summit was convened by the Environmental Portfolio Committee in 1998.

The recommendations from the national asbestos summit brought about the development of a national strategy to address asbestos pollution in the country. The objective was to phase out the remaining mining activities and to prevent new uses of products containing asbestos.

A socio-economic impact study was undertaken to understand the possible implications of this objective. The conclusion of the study was that the phasing out of asbestos and asbestos containing products would be beneficial to the country. Based on these findings, Department of Environmental Affairs and Tourism (DEAT) received a mandate from Cabinet to draft regulations to enforce this objective.

The first draft of these regulations was published for comment in November 2005. Extensive comments were received from many parties. Having considered all the inputs made, significant amendments were made to the regulations and the regulations were re-gazetted in September 2007 for further comment. The comments were again considered and now the final regulations will be gazetted for implementation on Friday 28 March 2008.

The main objectives of the regulations are as follows:
* To prohibit the use, processing or manufacturing, of any asbestos or asbestos containing product unless it can be proven that no suitable alternative exists, in which case a phase out plan may be approved.
* To prohibit the import or export of any asbestos or asbestos containing product provided that the importation is purely for transit through the country. Any person transporting asbestos or asbestos containing material through the country will be required to register with the Department and provide certain information on an annual basis.
* To prohibit the import of any asbestos or asbestos containing waste material other than from a member of the Southern African Development Community (SADC) for the sole purpose of safe disposal locally, subject to the submission of certain information annually.
* The use of asbestos or asbestos containing material for research purposes will be allowed if the research is not being undertaken to produce another asbestos containing product. The researcher will need to notify the department of their research and will have to provide a report on the amount of asbestos used and the outcome of the research on an annual basis. The Minister may review the permission on an annual basis.

A grace period of 120 days will be allowed to allow any person or merchant who is currently dealing in asbestos or asbestos containing materials to clear their stocks.

Should a manufacturer or merchant who currently sells one of a limited range of “identified products” which are asbestos containing products for which there is no immediate alternative, wish to continue making or selling the product beyond the grace period, they will be required to register with the department within 120 days.

They will then be required to submit a phase out plan for approval by the minister within one year of the promulgation of the regulations. This plan must identify the reason for continuing to use the product and must identify a timeframe and activities for the phase out of the “identified products.”

These regulations do not prohibit the continued use of asbestos containing materials (such as asbestos cement roof sheets or ceilings) that are already in place as the department is satisfied that there is no undue risk to the occupants of houses that are fitted with these materials. Over time, however, they should be replaced with asbestos-free materials.

It is important to remember that exposure to asbestos in the workplace, including, mining, industrial, commercial, retail and public workplaces, including maintenance of building materials is still controlled by the Asbestos Regulations 2001 published by the Department of Labour. These require employers to draw up a register of all asbestos containing materials, conducts a risk assessment, educate and inform employees, protect employees from exposure to asbestos and conduct regular dust and health surveillance.

In publishing these regulations, South Africa joins more than 50 other countries that have put the health of its people first.

Background information

The term “asbestos” is applied to a group of naturally occurring fibrous metal silicate materials. In general the term applies to six minerals specifically: crocidolite, amosite, chrysotile, anthophyllite, tremolite and actinolite. “Asbestos” means any mixture containing any of these materials and “asbestos containing material” means any mixture, product, component or material to which asbestos has been added.

To view Regulations and other documents, go to http://www.environment.gov.za/HotIssues/2007/asbestos/asbestos.html.

Media enquiries:
Mava Scott
Cell: 082 411 9821
E-mail: mscott@deat.gov.za

Issued by: Department of Environmental Affairs and Tourism
27 March 2008
Source: Department of Environmental Affairs and Tourism, (http://www.environment.gov.za/)