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1. Introduction
Taiwan’s Regulation Governing Designation and Handling of Priority Management Chemicals (hereinafter referred to as the “Regulation”) is prescribed in accordance with Article 14 of the Occupational Safety and Health Act (hereinafter referred to as the "OSHA"), which requires manufacturers, importers, suppliers, or employers to report relevant handling information of priority management chemicals to the MoL. The regulation has been effective since 1 Jan 2015.
2. Who's affected
According to OSHA, manufacturers, importers, suppliers or employers (Handlers) shall report relevant handling information for priority management chemicals to the central competent authority.
Definition:
(1) Manufacturer: A person who manufactures priority management chemicals
(2) Importer: A person who imports priority management chemicals into Taiwan
(3) Supplier: A wholesaler or retailer of priority management chemicals
(4) Employer: Owner of business entities or the person in position of management of business entities, providing priority management chemicals for workers to use or handle
3. Authority
Competent authority: Occupational Safety and Health Administration, Ministry of Labor
Executive agency: Safety and Health Technology Center (SAHTCH)
Approval mechanism: Information is submitted through the IT system (PRoChem) and reviewed by the Taiwan National Chemical Substances Register Office (NCSR Office). After submission, the priority management chemicals can be handled immediately. Supplementation may be required if necessary after review.
Online submission platform (PRoChem) Offline tool for data preparation
4. Legislative progress
3 July 2013, Taiwan OSHA was revised and promulgated by President Order to include management of priority management chemicals
30 Dec 2014, Regulation Governing Designation and Handling of Priority Management Chemicals promulgated by MoL Order
1 Jan 2015, the Regulation came into force
5. Designation of priority management chemicals
“Priority management chemicals” prescribed in the Regulation are as follows:
Ø List 1: Chemicals hazardous to person under the age of 18, or a pregnant women, or a female employee who is still within her first postpartum year as specified in Appendix 1 of the Regulation,( in total 13 types, and their mixtures if containing more than 1% of the chemical by weight).
Ø List 2: Chemicals classified according to the R.O.C. National Standards (CNS) 15030 and meeting any of the following criteria:
(1) Chemicals classified as CMR, Category 1, and designated and published by the central competent authority
Below are the three CNS 15030 standards for classification of CMR:
CNS 15030-21 Classification and Labeling of Chemicals - Germ cell mutagenicity
CNS 15030-22 Classification and Labeling of Chemicals - Carcinogenicity
CNS 15030-23 Classification and Labeling of Chemicals – Reproductive toxicity
(2) Chemicals possessing physical hazards or health hazards, with the maximum aggregated handling quantities (threshold determined based on corresponding GHS classification, see Table below) reaching the thresholds, and are designated and published by the central competent authority
Note:* On 7 April, Taiwan MoL issued a draft list of 580 chemical substances, which are designated as priority management chemical substances under OSHA (CL news). Announced on 5 Nov 2015, the final list only includes 83 chemical substances of CMR, Category 1, and other 420 chemical substances all possess physical hazards or health hazards (MoL news). The list became effective immediately.
6. How to comply
Information submission:
Manufacturers, importers, suppliers or employers handing priority management chemicals are required to report the following information to the central competent authority for record, and update annually:
Basic information of handlers, handling site, contact person;
Information on handling of priority management chemicals;
Other information designated by the central competent authority.
The information on handling priority management chemicals includes two parts as below.
Submission deadline:
The priority management chemicals are designated and published in batches. The information should be filed using the offline preparation tool and submitted through the online platform within the permitted period prescribed as follows:
If the number of workers is greater or equal to 100, the handling information shall be reported within 6 months after the publication date of the corresponding priority management chemicals;
If the number of workers is less than 100, the handling information shall be reported within 18 months after the publication date of the corresponding priority management chemicals
Calculation method:
For chemicals possessing physical hazards or health hazards (So far 420 substances), if two or more of the chemicals are handled in the same site and the maximum aggregated handling quantity of each chemical does not reach the threshold, the sum should be calculated in accordance with the following formula. If the result is more than 1, the reporting requirements still should be complied with.
Namely:
However, if 
, the substance does not need to be calculated.
7. Post Obligation
Annual update:
The submitted report shall be updated periodically between April and September each year.
Modification:
If one of the followings occurs, the handler shall report the changes within 30 days:
A change to the name of the handler, the responsible person, the name or address of the handling site;
Handling new priority management chemicals or cessation of relevant handling activities.
Controlled Chemicals:
For priority management chemicals designated and published as controlled chemicals by the central competent authority, the handlers shall comply with the Regulations Governing Designating and Handling Permission of Controlled Chemicals.
9. PENALTY
Handlers who do not submit the report of priority management chemicals or falsely report shall be punished by a fine more than NT$ 30,000 but not exceeding NT$ 300,000.
