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On June 8, 2020, Korean Ministry of Employment and Labor (MOEL) published the draft revision to the Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet[1] (hereafter referred to as the draft Standards) by MoEL Notice No.2020-247. Public comments are welcome before June 29, 2020.
The amendments are proposed to align with the new SDS rules adopted in the revised Occupational Safety and Health Act (OSHA) (CL news[2]), which requires the submission of SDS to the MOEL within five years from January 16, 2021. Several notable amendments are highlighted below.
SDS Number
A SDS number will be assigned upon submission to the MOEL. It should be indicated on the top right corner of the SDS.
Use Categories
The draft Standards provide 48 use categories in Annex 5 for companies to choose from, which shall be provided on the SDS.
CBI Non-disclosure
Harmful chemical substances that may cause serious health hazards to workers and the environment are not eligible for CBI claims. The inapplicable scope for confidentiality protection was drafted in Article 16 of the Standards, including
Prohibited substances (Article 117 of OSHA);
Substances requiring permission (Article 118 of OSHA);
Hazardous substances subject to control (Article 420 of Standard of Industrial Safety and Health);
Harmful factors subject to work environment measurement (Annex 21 of OSHA Enforcement Rules);
Hazardous factors subject to a special health examination (Annex 22 of OSHA Enforcement Rules);
Substances having a physical hazard, health hazard or environmental hazard (Article 35 Paragraph 2 of K-REACH Enforcement Rules)
For constituents approved or partially approved by the MOEL for CBI claims, the alternative name and content range can be used on the SDS. Content range can be indicated as within ±10% if the constituent is present in the mixture at a concentration of less than 25%. In the case of at or above 25%, the content can be indicated within a range of ±20%. In addition, the approval/ partial approval number should be provided in Section 3 of SDS, as well as the validity period of CBI protection.
A guidance will be fleshed out by MoEL to guide how to apply for CBI protection soon.
Cut-off Limits
The cut-off limits for constituents possessing health or environmental hazards are provided in Annex 6. The constituents present below the corresponding limit are not required to be indicated on the SDS. The cut-off limits include:
Acute toxicity: 1%
Skin Corrosion/Skin Irritation: 1%
Serious Eye Damage/Eye Irritation: 1%
Respiratory Sensitization: 0.1%
Skin Sensitization: 0.1%
Germ Cell Mutagenicity: 0.1%(1A/1B); 1%(2)
Carcinogenicity: 0.1%
Reproductive toxicity: 0.1%
Specific Target Organ Toxicity - Single Exposure: 1%
Specific Target Organ Toxicity - Repeated Exposure: 1%
Aspiration Hazard: 1%
Hazardous to the Aquatic Environment: 1%
Hazardous to the Ozone Layer: 0.1%
GHS Classification, H&P Statements
Some GHS classification have been revised, i.e. changing “flammable aerosols” to “aerosols”; adding sub-categories Category 1A, 1B and 1C for hazard class “skin corrosion/irritation”; adding sub-categories Category 1A and 1B for “respiratory or skin sensitization”; adding sub-categories Category 2A and 2B for “serious eye damage/eye irritation”, etc. In addition, the hazard and precautionary statements (H&P statements) by hazard category are revised, removed, or codified.
