South Korea: Draft GHS and SDS open for comments

Jun 24

Note: This article has been updated to reflect the latest changes published by The Korean Ministry of Employment and Labor (MOEL).

On 8th June, the Korean Ministry of Employment and Labor (MoEL) published the draft revision to the Standards for Classification and Labelling of Chemical Substances and Material Safety Data Sheet. The draft is open for public comments which are due to be closed for comment 29th June 2020.

The amendments proposed to align with the new SDS rules adopted in the revised Occupational Safety and Health Act (OSHA), with the notable updates to include the submission of SDS to the MoEL within five years from January 16, 2021.

Other updates include:

An SDS number will be assigned when the SDS is submitted to the MoEL;
The draft standards provide 48 use categories for suppliers to choose from, which are to be provided on the SDS;
The requirements for CBI disclosure on the SDS are set to change to become more rigorous than current obligations;
- Manufactures and importer will be allowed to claim trade secret, however, prior approval from the MoEL is required. Companies can provide alternative name and content for some components listed on the SDS after approval from MoEL and this CBI claim will be subject to a fee. However, substances that may cause serious health hazards to human health and the environment are not eligible for CBI claims.*
SDS cut off limits have been updated;
Some hazard classifications have been revised, i.e. changing “flammable aerosols” to “aerosols”; adding sub-categories Category 1A, 1B and 1C for hazard class “skin corrosion/irritation”; adding sub-categories Category 1A and 1B for “respiratory or skin sensitization”; adding sub-categories Category 2A and 2B for “serious eye damage/eye irritation”, etc. In addition, the hazard and precautionary statements by hazard category are revised, removed, or codified.

*The substances that are out of scope for confidentiality protection can be found in Article 16 of the draft standards, including

Prohibited substances (Article 117 of OSHA);
Substances requiring permission (Article 118 of OSHA);
Hazardous substances subject to control (Article 420 of Standard of Industrial Safety and Health);
Harmful factors subject to work environment measurement (Annex 21 of OSHA Enforcement Rules);
Hazardous factors subject to a special health examination (Annex 22 of OSHA Enforcement Rules);
Substances having a physical hazard, health hazard or environmental hazard (Article 35 Paragraph 2 of K-REACH Enforcement Rules).

The MoEL have announced that a guidance document will be available soon to aid in applying for CBI protection.

MoEL publishes revised standards

The Korean Ministry of Employment and Labor (MoEL) on 12th November 2020 published the revised Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet by Public Notice No.2020-130.

The revised standards will enter into force on January 16, 2021, the same implementation date of the revised Occupational Safety and Health Act.The amendments align with the new SDS rules adopted in the revised Occupational Safety and Health Act, with the notable updates to include the submission of SDS to the MoEL within five years from January 16, 2021.