LEGISLATION
RELEVANT LEGISLATION FOR WASTE MANAGEMENT
Health Care Waste Management in South Africa is controlled by various Acts and Regulations, By-Laws and National Standards
BILL OF RIGHTS: CONSTITUTION SECTION 24
• Every-one has the right to an Environment that is not harmful to their health or well being
• To have the environment protected for the benefit of our future generations by implementing systems that takes into consideration sustainable development
• Each person has the right and responsibility to protect that environment
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NEMA (Act 107 of 1998): To provide for co-operative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote cooperative governance and procedures for co-ordinating environmental functions exercised by organs of state; to provide for certain aspects of the administration and enforcement of other environmental management laws; and to provide for matters connected therewith.
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OHSA (Act 85 of 1993): To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.
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NEMWA (Act 59 of 2008): To reform the law regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government.
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National Road Traffic Act (Act 93 of 1996): To provide for road traffic matters which shall apply uniformly throughout the Republic and formatters connected therewith
CHAPTER 8: Dangerous goods: Transportation of certain dangerous goods prohibited. No person shall, except as prescribed, offer for transportation in a vehicle, or transport in a vehicle, or accept after transportation in, on or by a vehicle, any prescribed dangerous goods
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National Water Act (36 of 1998): Controls the pollution of water by any waste, which includes solid material that is suspended, dissolved or transported in water (including sediment) and which is spilled or deposited on land or into a water resource in such volume, composition or manner as to cause, or to be reasonably likely to cause, the water resource to be polluted
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National Health Act (Act 61 of 2003): To provide a framework for a structured uniform health system within the Republic, taking into account the obligations imposed by the Constitution and other laws on the national, provincial and local governments with regard to health services; and to provide for matters connected therewith.
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National Waste Management Strategy: HCWM “Improved Health Care Waste Management: Sustainable and integrated Health Care Waste Management in South Africa, established within the frames of the NWMS, covering the full waste stream for all generators of HCW from areas with varying population densities and varying
degrees of accessibility”
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South African National Standard Codes
10248: 2004-Management of Health Care Waste:
This Standard lay down provision for the safe and effective management of healthcare waste in order to reduce potential risk to people’s health and risks to the environment.
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10248-1: 2008 – Management of Healthcare Waste from a Healthcare Facility
This Standard lays down minimum provisions for the safe and effective management of healthcare risk waste generated by healthcare facilities and other places where healthcare professionals work in order to reduce potential risks to humans and to the environment. The management of healthcare risk waste covers the generation, the packaging, the treatment and the disposal (cradle-to-grave) of the waste.
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SANS 10229-1: 2010 Transport of Dangerous Goods-Packaging and large packaging for road and rail transport
This SANS Code identifies various methods of packaging that are suitable for prescribed maximum quantities of dangerous goods that may be offered for the transport by road or rail. Also the minimum performance requirements for the packaging, the procedures to be followed to obtain approval from testing or certification authorities and gives details of labels and marking to be displayed on the packaging.
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SANS 452: 200X Reusable and Non-Reusable Sharps Containers
This standard covers requirements for non-reusable and reusable containers used for the collection, transportations and processing of sharps objects (sharps) used in human and animal medical applications
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