The Major Hazard Installation (MHI) Regulations were published in January 2023, replacing the 2001 MHI Regulations. We previously published an article outlining key timelines for compliance with the amended MHI Regulations.
The MHI Regulations must be read alongside the published Explanatory Note, which provides guidance to duty holders on interpreting the MHI Regulations and ensuring compliance. The implementation of the MHI Regulations follows a phased approach over 36 months.
Duty holders are already expected to have complied with several obligations, while others will take effect by January 2026. Duty holders should carefully track their progress to ensure that actions requiring time for implementation are properly planned.
Obligations already in force
By now, duty holders should have completed and embedded the following steps into their safety management systems:
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Designation of competent personnel
Duty holders must designate a competent, responsible person or persons with the appropriate qualifications to monitor compliance with the Occupational Health and Safety Act (OHSA) and MHI Regulations. This must be in a full-time capacity for high hazard establishments.
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Emergency plan review
Duty holders should have reviewed and updated emergency plans for existing establishments to ensure alignment with SANS 1514.
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Training
Employees involved in the processing, handling and storage of hazardous substances must receive training on the MHI Regulations and general good practice. The Explanatory Note outlines three types of training:
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- general awareness/familiarisation training,
- induction training, and
- function-specific training.
Training must be reviewed periodically, supplemented with refresher training at least every 12 months, and provided when there is a change in the establishment or when the MHI risk assessment is revised.
Notification submission
Duty holders must submit updated notifications for existing establishments to the relevant chief director and local government by 31 January 2025.
This submission must include various required documents such as land use permission, the letter of appointment for the competent person, inventory lists, the most recent risk assessment, site maps and information regarding neighbours within the impact zone. Once registered, duty holders must display the certificate of registration conspicuously.
The MHI Regulations state that failure to comply with the MHI Regulations, including obligations due by the end of January 2025, constitutes an offence. Upon conviction, penalties may include fines ranging from ZAR 500,000 to ZAR 5,000,000 or imprisonment for up to 24 months.
The MHI Regulations and future compliance obligations
Looking ahead, the MHI Regulations require High Hazard Establishments to meet certain obligations by 31 January 2026.
The following compliance obligations should remain a priority for High Hazard Establishments:
| Regulation | Deadline | Compliance Requirement |
|---|---|---|
| Regulation 11 | 31 January 2026 | Finalise and record major incident prevention policies for High Hazard Establishments in the prescribed format (Regulation 11 and Annexure C). After 31 January 2026, this requirement applies to all establishments. |
| Regulation 12 | 31 January 2026 | Submit comprehensive safety reports for High Hazard Establishments, including Annexure D of the MHI Regulations, to the Chief Inspector. |
| Regulation 13 | 31 January 2026 | Existing High Hazard Establishments must apply for a licence to operate with the Chief Inspector. |
Scope of application and exemptions
Establishments that were previously classified as MHIs under the repealed 2001 MHI Regulations but no longer meet the definition under the amended MHI Regulations must take steps for reclassification. These steps are outlined in the Transition Strategy, which is detailed in the Explanatory Note.
The Transition Strategy is a new concept not referenced in the MHI Regulations themselves. It aims to address specific transitional arrangements for establishments requiring re-evaluation due to the amendments.
For de-classification and de-registration, duty holders must submit an exit report generated by an approved inspection authority (AIA), the prescribed Form A, and various additional documents as specified in the Transition Strategy. These must also include local government support documentation and be submitted to the Provincial Operations for approval.
The Explanatory Note specifies that certain establishments may fall outside the scope of the MHI Regulations. These include establishments excluded under Regulation 2(6), such as nuclear installations governed by the Nuclear Energy Act 131 of 1993. These establishments are characterised by hazards created by ionising radiation or where ionising radiation is present in a nuclear establishment. However, the enforceability of these exclusions is in question, as the Explanatory Note is not legally binding.
Other establishments outside the scope of the MHI Regulations include offshore establishments, mining establishments, transport of dangerous substances in transit and establishments operated within military, civil and aviation sectors.
Ongoing compliance and legal risks
While the regulations apply generally to all MHIs, low and medium-hazard establishments are not required to prepare safety reports or apply for a licence to operate. Furthermore, low-hazard establishments are exempt from developing a major hazard prevention policy.
Duty holders must track key compliance deadlines and ensure ongoing compliance. Failure to comply with the MHI Regulations can result in fines or imprisonment. Additionally, an inspector may determine that non-compliance exposes employees to health or safety risks.
In such cases, the inspector may prohibit the use of the plant, workplace or machinery until compliance is achieved. Non-compliance with these regulations carries significant operational and legal risks.
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