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On November 5, 2024, the Korean Occupational Safety and Health Agency (KOSHA) issued a guideline on MSDS submission as the Korea MSDS System has been upgraded.
CBI extension application
Under the Occupational Safety and Health Act (OSHA), the CBI protection will be valid for 5 years and extension application for another 5 years is allowed up to 30 days before expiration. Previously, when applying for the CBI extension, resubmitting the involved MSDS was the prerequisite. The re-submission can now be omitted as the upgraded system allows linking the previously submitted MSDS with the CBI extension application case. Applicants can directly select the corresponding MSDS (previously submitted) when submitting the extension application.
Screenshot of the KOSHA Guideline
Updates of name and concentration
As per Article 159 of the OSHA Enforcement Rules, if both the product name and the component name/concentration change, it is considered a new product. A new MSDS shall be prepared and submitted separately rather than updating the submitted MSDS of the original product via the online system. Previously, the submission system allowed simultaneous updates to both the product name and component name/concentration on the MSDS. Now, the upgraded system only permits updating either the product name or the component name/concentration.
Alternative information
As per Article 162 of the OSHA Enforcement Rules, manufacturers and importers are allowed to directly use alternative chemical names and content ranges for CBI-protected substances to prepare the MSDS for a mixture containing them. The KOSHA guideline indicates that the upgraded system only allows the alternative names or content ranges approved in the CBI protection review for updating alternative information on the MSDS.
This KOSHA guideline is available here.
Insights
Under OSHA, MSDS submission and CBI non-disclosure approval through the Korea MSDS System is mandatory before manufacture and import of chemicals since January 16, 2021. The detailed requirements for disclosure of information and application for CBI protection are stipulated in the revised Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet (MOEL Public Notice 2020-130).
#English Translations
South Korea GHS: Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet (MoEL Public Notice No. 2020-130)On November 12, 2020, Korean Ministry of Employment and Labor (MOEL) published the revised Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet by Public Notice No.2020-130. It will enter into force on January 16, 2021, the same implementation date of the revised Occupational Safety and Health Act (K-OSHA).For chemicals circulated in South Korea whose MSDS were prepared before January 16, 2021, the requirements regarding MSDS submission and CBI non-disclosure have been granted with grace period (1~5 years based on the tonnage, see figure below).
So far, the grace period has expired for companies with an annual tonnage of more than 100 tons. Notably, for manufacturers and importers with an annual tonnage within 1-10 tons, the submission deadline (January 16, 2025) is approaching. 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. The MSDS submission and CBI non-disclosure approval (if needed) shall be submitted via the Korea MSDS System within the grace period.
