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On 9 Feb 2018, South Korea's Ministry of Employment and Labour (MoEL) issued a draft revision of the Occupational Safety and Health Act (K-OSHA) for public consultation until 21 March. The proposed updates introduced a new SDS audit system and CBI protection requirements.
Currently the parties transferring/supplying such chemicals are required to prepare SDS, however, after revision, exact requirements will be amended. Manufacturers/importers of chemical substances or products containing them need to prepare and submit material safety data sheets (SDSs) to the MoEL.
In the proposal, the manufacturers/importers should provide chemical name and content of chemical substances on SDS. To address CBI concerns the authorities allow stakeholders to apply for confidentiality protection of the chemical constituents (some are inapplicable) with alternative name and content range. It will be valid for three years and an extension application is required before expiration. It should be noted that the alternative name used on SDS for confidentiality protection should indicate the properties of the substance and potential hazards.
Accroding to the Article 116, overseas manufacturers are allowed to appoint an only representative (qualification to be prescribed by the MoEL's presidential decree) to submit SDS and apply for confidentiality protection. The appointment and dismission of a representative shall be reported to the MoEL.
If implemented by Korean authorities the new changes to SDS rules will impose considerable new compliance burdens on manufacturers/importers. Stakeholders need to keep a close eye on any updates in this space.
As proposed, the updates will be effective one year later after the final promulgation.
