South Korea Trials IT System for MSDS Submission and CBI Non-disclosure Application

The new obligations set forth by K-OSHA for chemical manufacturers and importers to submit material safety data sheets (MSDS) and apply for Confidential Business Information (CBI) non-disclosure through the IT system prior to manufacture or import are scheduled to take effect starting from Jan 16, 2021 (ChemLinked news). Overseas manufacturers are allowed to appoint an only representative (OR) based in Korea to comply with the obligations. A beta version of the IT system is now undergoing a pilot run. A final version will soon be available on http://msds.kosha.or.kr/.

There are three options to submit MSDS to the Ministry of Employment and Labor (MOEL).

l  Option 1: submit MSDS which includes all components information (100% disclosure)

l  Option 2: only disclose hazardous components in MSDS and submit the MSDS along with a separate document providing the name and content of non-hazardous components

l  Option 3 (for imported chemicals only): only disclose hazardous components in MSDS and submit the MSDS along with a letter of confirmation provided by the foreign manufacturer stating that there is no component other than those stated in the MSDS are hazardous components

An MSDS number will be assigned by the IT system after submitting the MSDS to the MOEL. It should be indicated on the top right corner of the MSDS and transferred to the downstream links.

Korea MSDS number

Prior approval from the MOEL is required for claiming CBI non-disclosure of hazardous components. Then the companies can use alternative name and content range of the component to keep trade secrets. The approval/ partial approval number will be assigned as below, which should be provided in Section 3 of MSDS. The CBI protection will be valid for 5 years and extension application for another 5 years is allowed every time before expiration.

Korea CBI non-disclosure approval number

 ChemLinked urges stakeholders to pay attention to the deadline for MSDS submission and CBI non-disclosure application. The chart below illustrates the major processes involved. Existing MSDS authored or updated by pursuant according to the old regulation will be granted a transition period of up to five years based on annual quantity. Any MSDS prepared after Jan 16, 2021 (or any existing MSDS updated after that) should follow the new regulations.

Chart 1. Process for MSDS submission and CBI non-disclosure application

The MOEL has provided two educational videos (in Korean) covering

• MSDS submission：https://youtu.be/6VWvGBY7a98

• CBI non-disclosure approval：https://youtu.be/FExlDV2Rm18

ChemLinked has prepared a webinar to get you prepared for the new obligations. Please click here to reserve your seat.