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On October 17, 2023, South Korea’s Ministry of Employment and Labor (MoEL) made public the supervision results on the MSDS compliance conducted from 10 July 2023 to 31 August 2023, targeting 220 chemical handling workplaces concerning the manufacture and import of chemicals or the toxic chemical disposal.
Among the 220 inspected workplaces, 59 workplaces have an annual output quantity of over 100 tons. Nearly half (97 of the 220 workplaces, 44.1%) were found to be in violations (a total of 223 cases), including:
Failure to affix warning marks (46 workplaces, 20.9%, 85 violations);
Failure to conduct employee training for personnel handling chemical substances (31 workplaces, 14.1%, 33 violations);
Failure to display MSDS in the workplace (21 workplaces, 9.5%, 37 violations);
Failure to fill in MSDS correctly (10 workplaces, 4.5%, 51 violations);
Failure to submit MSDS to the MoEL (8 workplaces, 3.6%, 9 violations);
Failure to display management guidelines for each process (4 workplaces, 1.8%, 4 violations);
Failure to provide MSDS to the downstream users (2 workplaces, 0.9%, 2 violations); and
Failure to obtain approval for non-disclosure on MSDS (1 workplace, 0.5%, 2 violations).
Compared to the supervision results in 2022 (CL news), violations of MSDS submission in 2023 decreased. However, inadequate attachment of warning marks and implementation of employee training remain insufficient.
In addition to the abovementioned violations regarding MSDS compliance, violations were also found in workplaces with inadequate measures for worker health protection (33 workplaces, 46 violations), such as failure to conduct mandatory special health examinations for employers or failure to install local exhaust devices for removing hazardous substances in the workplace. The MoEL took measures to initiate legal proceedings for 4 violations, imposed fines (185 million won) for 254 violations, and ordered the concerned companies to promptly rectify the issues.
The official supervision report can be downloaded here.
MSDS Compliance
According to the revised Occupational Safety and Health Act, MSDS submission and CBI non-disclosure approval through the IT system is mandatory before manufacture or import of chemicals since January 16, 2021. For chemicals circulated in South Korea with MSDS prepared before January 16, 2021, grace periods (up to 5 years) are given based on the manufacture/import volume of chemicals (read more).
Companies with an annual tonnage of less than 100 tons still enjoy grace periods. It is recommended to check whether the 16 sections on MSDS have been properly prepared, and check whether there is a need to apply for CBI non-disclosure approval, thereby complying with the corresponding obligations in time. It should be noted that manufacturers and importers with an annual tonnage of 10~100 tons shall submit the MSDS and apply for the CBI non-disclosure approval (if needed) via the IT system within the grace period, i.e., before January 16, 2024.
