Manufacturing Compliance Pack

Manufacturing facilities conducting listed activities (combustion installations >10MW, chemical manufacturing, metal processing, cement production, etc.) must hold an Atmospheric Emission Licence issued by the local air quality officer. AEL conditions set emission limits and monitoring requirements. Annual emission reports required. Obtain before commencing listed activity; annual emission report by 31 March. Penalty: AQA s52 — fine up to R10 million or 10 years imprisonment; facility closure.

Manufacturing facilities storing or processing dangerous substances above prescribed quantities must register as a Major Hazard Installation with the local authority. Requires a risk assessment, on-site and off-site emergency plans, and public notification. Subject to triennial review. Register before storing prescribed quantities; triennial risk assessment review. Penalty: OHS Act s38 — fine or imprisonment; local authority may order cessation.

Manufacturers of products covered by compulsory specifications must register with the NRCS and obtain Letters of Authority (LoA) confirming product compliance. Products include electrical equipment, automotive components, canned food, and construction materials. NRCS may conduct market surveillance and factory inspections. Register before manufacturing regulated products; LoA renewal annually. Penalty: NRCS Act s18 — fine up to R5 million or 5 years imprisonment; product seizure.

The CEO/MD must assign health and safety duties to a competent person under s16(2) of the OHS Act. Factories with 20+ employees must appoint safety representatives (1 per 50 workers) and establish a safety committee. A full-time SHE officer is required for high-risk manufacturing operations. Appoint before commencing operations; review appointments when personnel change. Penalty: OHS Act s38 — fine or imprisonment up to 2 years; director liability under s37.

Comply with GMR 2023 for all factory machinery — guards on moving parts, interlocking devices, emergency stops, and maintenance schedules. Driven machinery (lathes, presses, milling machines, conveyors) requires regular inspection by a competent person. Inspection register must be maintained and available for DEL inspectors. Routine inspections quarterly; daily pre-use checks by operators. Penalty: OHS Act s38 — prohibition notice; fine or imprisonment up to 2 years.

Maintain a register of all hazardous chemical substances (HCS) used, stored, or produced in manufacturing. Conduct risk assessments per HCS Regulation 5. Ensure Safety Data Sheets (SDS) are available for every substance. Implement exposure monitoring, PPE programme, and emergency procedures for chemical spills. Risk assessment before introducing new chemicals; annual review. Penalty: OHS Act s38 — fine or imprisonment; COIDA liability for occupational disease.

Manufacturing facilities with noise exposure above 85 dB(A) must implement a hearing conservation programme per the NIHL Regulations. Includes baseline audiograms, annual audiometric testing, noise zone demarcation, engineering controls, and hearing protection PPE. Results reported to the employer and affected employees. Baseline audiogram before exposure; annual testing for exposed workers. Penalty: OHS Act s38 — fine; COIDA claims for occupational hearing loss.

All pressure equipment (boilers, pressure vessels, steam generators) must be registered with an Approved Inspection Authority (AIA) and inspected annually. An AIA issues a certificate of compliance. Operators must be certificated per the PER schedule. Annual inspection before certificate expiry; new equipment before first use. Penalty: OHS Act s38 — prohibition notice; fine or imprisonment up to 2 years.

Maintain SABS Mark certification for products bearing the SABS mark of approval. Requires ongoing compliance with relevant SANS standards, factory audits by SABS, and product sampling. Loss of SABS mark affects market access and procurement eligibility, particularly for government tenders. Annual SABS surveillance audit; product retesting as scheduled. Penalty: Withdrawal of SABS mark; loss of government procurement eligibility.

Manufacturing operations generating or storing listed waste (hazardous waste, industrial effluent, chemical waste) above prescribed thresholds must hold a Waste Management Licence per NEM:WA. Waste manifests must accompany all movements of hazardous waste. Waste disposal only at licensed facilities. Licence before generating listed waste; annual waste report to DFFE. Penalty: NEM:WA s67 — fine up to R10 million or 10 years imprisonment.

Manufacturers producing excisable goods or exporting manufactured products must register with SARS as a licensed manufacturer under the Customs and Excise Act. Maintain excise accounts, submit DA returns, and ensure correct tariff classification of goods. Rebate provisions may apply for raw materials imported for manufacturing. Register before manufacturing excisable goods; monthly DA returns by 25th. Penalty: Customs Act s80 — penalty up to treble duty; licence revocation.