From 16th Jan 2021, the changed ISHA was enforced and there are main points.
Firstly, we need to think about the MSDS preparation and submission.
Actually, before 16th Jan 2021, we do not need to submit MSDS under KOSHA but now we have to do it.
-Anyone who wants to manufacture or import chemical substances or mixtures containing chemical substances applicable to the criteria for classification in accordance with the Article 104 shall prepare a data sheet filled with information of each subparagraph as determined by the Ordinance of the Ministry Of Employment and Labor(MOEL) and shall submit to the MOEL.
Also there are some exemption points.
- Consumer use materials.
- Materials managed by other regulations such as cosmetic regulation and so on.
- R&D chemical substance or Products notified by MOEL.
For existing materials handled before, those materials will get a grace period based on tonnage band of annual manufacture/annual importation.
- >100ton : Jan 16th 2022
- 100-1000ton : Jan 16th 2023
- 10-100ton : Jan 16th 2024
- 1-10ton : Jan 16th 2025
- <1ton : Jan 16th 2026
But for new manufactured/imported products after 16th Jan 2021, there is No Grace Period.
Based on the classification standard of health and environment hazard/physical risk, you need to prepare the updated MSDS and need to submit using MSDS system.
*If you import materials, you will need to require the LOC form to foreign manufacturer. Please see the attachment and contents in there.
메인화면
데이터에 의한 화학물질관리 비공개 신청 법률에 의한 명령에 의하여 비밀 또는 비공개 신청 MSDS 제출 MSDS작성과 제공은 화학물질 제조·수입자의 의무 MSDS제공
msds.kosha.or.kr
If you want to clain MSDS trade secret, you can submit the claim with generic chemical name to hide the specific chemical information and it will be valid for 5 years.
Also you may apply for extension of the trade secret before the expiry.
* Required documents
- Name and content of the chemicals which will be substituted with the alternative data
- Hazards to health and environment, physical risk.
- MSDS
- Name and content of those chemicals not meeting the classification according to the Article 104.
- Required information and other documents notified by MOEL.
- Evidence documents according to the Article 2(2) in the Act on the Prevention of Unfair competition and protection of Trade Secrets.
Previously there were hazardous lists that should be disclosed and those lists were revised and added in this time.
[Revised LISTs]
1. Prohibited substances
2. Authorized substances
3. Hazardous cheimcal subject to management
4. Substances of work environment measurment
5. Substances of special health examination
6. Substances notified as CMR & Hazardous chemicals under K-REACH