South Korea Pilots Audit System for Safety Data Sheet CBI Protection

On 9 Feb 2018, South Korea's Ministry of Employment and Labour (MoEL) issued by MoEL Notice No. 2018-66 a draft revision of the Occupational Safety and Health Act (K-OSHA). The proposed updates introduced a new material safety data sheets (SDS) audit system and CBI protection requirements (see ChemLinked news).

The public consultation concluded on 21 March. If the draft proposal is finally implemented it will have great influence on the industry. Manufacturers or importers will be obligated to prepare and submit SDS to the MoEL within 5 years. More controversially, 100% composition disclosure will be required. It appears that the plan is overly ambitious given CBI concern and the authority’s capacity/manpower issues. Although MoEL allows manufacturers and importers to claim confidential business information (CBI) protection, official audit by the authority is a prerequisite. Companies can provide alternative name and content for some components listed on the SDS after approval from MoEL. Only representative (OR) can submit SDS and apply for confidentiality protection on behalf of overseas manufacturers.

Obviously self-checking and updating existing SDS for submission will bring unwanted burden on company’s SDS management work. The 100% concentration disclosure requirement also seems to conflict with new requirements and is one of the reasons why the draft proposal hasn’t been approved for actual implementation.

CBI application is subject to a fee and the approval is valid for 3 years (can be extended). Stakeholders should confirm their CBI protection eligibility before application. Highly hazardous substances for human health and environment are ineligible for CBI protection.

To better identify potential CBI audit problems and develop supportive measures to promote the legislative process, MoEL is now conducting a pilot project, hoping to motivate companies who want to do CBI protection application to participate. The authority will review

• Alternative information (chemical name, content);

• Necessity for CBI protection and

• Suitability of SDS updated with alternative information.

It seems that the pilot project is purely voluntary, and it is hard to say how many companies will participate.

Any companies volunteering to participate in the pilot project, please contact the Korea Occupational Safety and Health Agency before 16 Nov 2018

• Tel: +82 042-869-0313

• Email: [email protected]