FAQs | MSDS Submission and CBI Non-disclosure Application under Korea OSHA

According to the revised Occupational Safety and Health Act, MSDS submission and CBI non-disclosure approval in South Korea through the IT system is mandatory before manufacture or import of chemicals since January 16, 2021. The detailed requirements are stipulated in the revised Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet (MOEL Public Notice 2020-130).

However, during the implementation in practice a lot of problems encountered. South Korea’s Ministry of Employment and Labor thus initiated a nationwide campaign on MSDS self-check on April 8, 2022 (CL news). A self-checklist was distributed to Korean manufacturers and importers to fulfill the MSDS self-inspection. The Basin/Regional Departments of Employment and Labor will conduct spot checks from July 2022 on the compliance of units and rectify issues uncovered.

To address the problems, ChemLinked has held two webinars themed on Korea GHS compliance strategy in June and July:

Below are some of the FAQs collected in these two webinars to facilitate your understanding of the compliance with the MSDS obligations set forth by K-OSHA.

FAQs regarding MSDS submission in South Korea

1. a) For a ingredient that is subject to indicating exposure limit in MSDS Section 8, or is controlled under the Chemical Control Act (CCA) and subject to disclosure in MSDS Section 15, shall such information be indicate in MSDS Section 3 as well even if the concentration of ingredient is below the concentration limit? b) If the concentration of the ingredient exceeds the concentration limit but below the corresponding thresholds for toxic substances under the CCA, is it okay not to disclose the regulation information in MSDS Section 15?

For question a), the answer is no. For question b), the relevant regulation information must be disclosed in the MSDS Section 15.

2. For the MSDS authorized before 2021, if the chemical information in Section 3 has kept confidential without applying for CBI non-disclosure, and now the MSDS needs to be updated due to the change of hazard classification, what shall I do?

According to the Supplementary Article 2 of the MoEL Notification 2020-130, the renewal of the MSDS has been granted with grace period (1~5 years). You can apply for the CBI non-disclosure within the applicable grace period, and then update the MSDS and submit it to the MoEL.

3. Do I need to indicate the MSDS number on the label? What ingredient information needs to be indicated on the label?

There is no need to indicate the MSDS number on the label. South Korea has not yet made a requirement for the ingredient information on the label. However, manufacturers/importers are suggested to make the ingredient information indicated on the label the same as that stated on the MSDS, that is, to disclose the information on the hazardous substances exceeding the concentration limit, and provide the chemical name, ID number, and content/concentration range.

4. What are the requirements for the emergency response telephone number in South Korea?

According to the Appendix 4 of the MoEL Notification 2020-130, for the importation of chemicals, the emergency response telephone number provided shall be the telephone number in South Korea. An official from the MoEL shared with ChemLinked that:

The importer’s telephone number shall be provided as the emergency response telephone number if the MSDS is submitted by an importer in South Korea;
The OR’s telephone number shall be provided as the emergency response telephone number if the overseas supplier appoints an OR in South Korea to submit the MSDS.

5. Can the column of Supplier Information be filled in with information ofthe overseas suppliers or the companies that prepare the MSDS?

According to the Appendix 4 of the MoEL Notification 2020-130, the column of Supplier Information be filled in with information of manufacturers, importers, distributors, companies that prepare the MSDS, etc., however, the information on importers in South Korea is required for the importation of chemicals. An official from the MoEL shared with ChemLinked that:

The importer’s information shall be indicated on the MSDS if the MSDS is submitted by an importer in South Korea;
The OR’s information shall be indicated on the MSDS if the overseas supplier appoints an OR in South Korea to submit the MSDS.

In short, to provide the information of the importers or the ORs in South Korea is mandatory. As for the information of the overseas suppliers or the companies that prepare the MSDS, it’s not mandatory.

6. Are products without hazard classification not required to provide MSDS?

It depends. For substances that are without GHS classification but subject to MSDS, such as substances that are categorized as physical factors or biological factors, they are still required for MSDS preparation and submission.

7. Will the overseas supplier be punished if the importation of hazardous chemicals into South Korea has been conducted without MSDS submission neither by the overseas supplier nor by the importer in South Korea?

As the submitter of the MSDS, the importer in South Korea will be punished rather than the overseas supplier.

8. If the concentration of a substance which is categorized as a hazardous factor, is below the concentration limit and its information is not disclosed in the MSDS Section 3, do I need to provide the Letter of Confirmation (LoC)?

9. a) Can the LoC under K-REACH be used for the MSDS submission? b) How should the ingredient information be provided for the LoC under KOSHA?

The answer for question a) is NO. For question b), the LoC under KOSHA is a statement on hazardous factors, and it does not need to disclose the name, CAS number and content.

10. What products can be exempted from MSDS submission?

According to the Article 86 of the Enforcement Decree of the Occupational Safety and Health Act, the followings are exempted from MSDS submission:

1. Health functional foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act;

2. Pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act;

3. Narcotics and psychotropic drugs defined in subparagraphs 2 and 3 of Article 2 of the Narcotics Control Act;

4. Fertilizers defined in subparagraph 1 of Article 2 of the Fertilizer Control Act;

5. Feed defined in subparagraph 1 of Article 2 of the Control of Livestock and Fish Feed Act;

6. Source materials defined in subparagraph 2 of Article 2 of the Act on Protective Action Guidelines against Radiation in the Natural Environment;

7. Products provided for daily use by general consumers, among the household chemical products and biocidal products subject to safety verification defined in subparagraphs 4 and 8 of Article 3 of the Consumer Chemical Products and Biocides Safety Control Act;

8. Foods and food additives defined in subparagraphs 1 and 2 of Article 2 of the Food Sanitation Act;

9. Drugs and quasi-drugs defined in subparagraphs 4 and 7 of Article 2 of the Pharmaceutical Affairs Act;

10. Radioactive substances defined in subparagraph 5 of Article 2 of the Nuclear Safety Act;

11. Cleansing and Hygiene Products defined in subparagraph 1 of Article 2 of the Control Act Cleansing and Hygiene Products Control Act;

12. Medical devices defined in Article 2 (1) of the Medical Devices Act;

12-2. Advanced biopharmaceuticals defined in subparagraph 5 of Article 2 of the Advanced Regenerative Medicine and Advanced Biopharmaceutical Safety and Support Act;

13. Explosives defined in Article 2 (3) of the Act on the Safety Management of Guns, Swords and Explosives;

14. Wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act;

15. Cosmetics defined in subparagraph 1 of Article 2 of the Cosmetics Act;

16. Chemical substances or mixtures other than those specified in subparagraphs 1 through 15 that are provided for daily use by general consumers (including cases where chemical substances or mixtures provided for daily use by general consumers are handled in a place of business);

17. Chemical substances or chemical products for research and development purposes determined and publicly notified by the Minister of Employment and Labor. In such cases, only the submission of data pursuant to Article 110 (1) ~ (3) of the Act shall be excluded.

FAQs regarding CBI protection in South Korea

11. For different products can we appoint different ORs to apply for CBI protection separately? Can different ORs be appointed for CBI application and MSDS submission for the same product?

12. Can the alternative name and content range we used for CBI application be directly indicated on the MSDS before getting approval for CBI claims?

No, you need to update the MSDS after the CBI application is approved with the alternative name, content range, CBI approval number and validity period, and then submit it.

13. For an ingredient without hazard, if we want to indicate it in Section 3 of the MSDS and at the same time to preserve trade secrets, can we use an alternative name and not disclose CAS number?

Ingredients that are not categorized as hazardous factors cannot apply for CBI protection. If you insist on indicating it in Section 3 of the MSDS and keep it confidential, you can use alternative name in accordance with the MoE's Regulations on the Preparation of Data Protection Applications and the Methods for Managing Data Protection, etc., and use content range according to Article 17 of the MoEL Notification 2020-130. There is no need to apply to the MoEL for CBI protection.

14. We are an overseas supplier of mixed products to be exported to South Korea. But our upstream did not disclose all the ingredients to us. They kept confidential the names and CAS numbers of some ingredients. What should we do?

There are three ways:

1. Insist on requiring the upstream supplier to disclose the CAS number, chemical name and content of ingredients;

2. Ask the upstream supplier to appoint OR and apply for CBI protection, then pass the information down to you, including CBI approval number, validity period, alternative name and content range. Then you can use such information to comply with the MSDS submission requirements;

3. Try to engage new upstream suppliers.

15. When the CBI extension application expires, can I apply for another extension?

The CBI protection will be valid for 5 years and extension application for another 5 years is allowed up to 30 days before expiration. The regulation hasn't stipulated that another extension can be applied for.