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Covid-19 And The Safe Disposal Of Used Face Masks

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Covid-19 And The Safe Disposal Of Used Face Masks

Covid-19 And The Safe Disposal Of Used Face Masks

14th April 2020

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Despite the World Health Organisation initially stating that face masks should only be used by healthy people who are taking care of persons who are suspected of being infected with Covid-19, there is now a growing recognition that face masks, if used correctly, could assist in the fight against the virus.

It is therefore anticipated that many employers who are deemed to be essential service providers during the lockdown period in South Africa are, during these extraordinary times, already supplying or contemplating supplying their employees with face masks as a means to ensure compliance with section 8 of the Occupational Health and Safety Act 85 of 1993. According to section 8, every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees.

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The issuing and use of face masks within the workplace will, in most instances, not be common practice. Consequently, used face masks will not form part of the waste stream generated and stored by the employer under normal operating circumstances, and the storage and disposal thereof will become a waste issue that has not previously been contemplated by employers.

While the majority of all used face masks are, for now, unlikely to be infected with the Covid-19 virus, it is recommended that, during these unprecedented times, all used face masks should be assumed to be infected and therefore regarded as hazardous waste as defined in Schedule 3 to the National Environmental Management: Waste Act 59 of 2008 (NEMWA). Section 16 of the NEMWA places a general duty on all holders of waste, including hazardous waste, to implement reasonable measures to ensure, amongst others, that all face masks, once used are:

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  • collected so as to ensure that no employee uses such face masks for an unauthorised purpose, including re-use or for sale to others for their use;
  • managed in such a manner that they do not pose any further danger to employees; and
  • treated and disposed of in an environmentally sound manner.

The above reasonable measures will require employers to ensure that used face masks are safely and securely stored in appropriate receptacles, that employees are educated in the dangers of and prohibited from re-using or passing / selling on used face masks for use by other persons and that all used face masks are disposed of in an environmentally sound manner which, in this instance, would likely be at a lawfully operating incineration facility.  

In addition to the above, there are various other legal requirements provided for in the NEMWA relating to the storage, transport and lawful disposal of hazardous waste that would be equally applicable. Moreover, specific provincial legislation has been implemented in Gauteng and the Western Cape to govern the management of health care risk waste within such provinces and which are also applicable. Further legal requirements are also likely to be found at the municipal by-law level as by-laws may also regulate the management of hazardous and health care risk waste within specific municipal jurisdictions.

As such, an employer who is an essential service provider during the lockdown period must, when considering whether to supply its employees with face masks, make such decision in an informed manner and with the knowledge that certain waste related legal compliance obligations will become applicable.  Please contact Warburton Attorneys Inc for further legal assistance regarding compliance requirements.

Written by Alistair Young, a director at Warburton Attorneys Inc

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