The GHS(Globally Harmonized System of Classification and Labelling of Chemicals) is a system which aims to more efficiently convey information of chemical substances to workers and general users, by classifying the hazards/risks of chemical substances and using a standardized form of warning signals and MSDS in accordance with the international classification standards decided by the UN EP.

Major services provided in regards with GHS and MSDS

 Investigation of information on MSDS/warning signals

 Preparation, review and translation of MSDS/warning signals under ISHA(Industrial Safety Health Act)

 Provision of information on MSDS(Material Safety Data Sheet) Paragraph 15

- Chemical Substances Management Act
- Safety Control of Dangerous Substances Act
- Wastes Control Act
- Clean Air Conservation Act
- Framework Act on Fire Service
- Water Environment Conservation Act
- Soil Environment Conservation Act
- Marine Environment Management Act
- High-Pressure Gas Safety Control Act
- Persistent Organic Pollutants Control Act
- Act on the Control of the Manufacture, Export and Import, etc. of Specific Chemicals and Chemical Agents for the Prohibition of Chemical and Biological Warfare
- Act on the Allocation and Trading of Greenhouse Gas Emission Permits
- Act on the Control, etc. of Manufacture of Specific Substances for the Protection of the Ozone Layer
- Youth Protection Act
- Regulation on Marine Transportation and Storage of Dangerous Products
- Regulation on Rail Transportation of Dangerous Products
- Technical Standard for Air Transportation of Dangerous Products

 Submission of MSDS and confirmation dossiers under ISHA, application for approval of confidentiality

Preparation of MSDS and subjects excluded from submission

- Health functional foods defined by the “Health Functional Foods Act”
- Pesticides defined by the “Pesticide Control Act”
- Narcotic drugs and psychotropic drugs defined by the “Narcotics Control Act”
- Fertilizers defined by the “Fertilizer Control Act”
- Livestock feed defined by the “Control of Livestock and Fish Feed Act”
- Raw materials defined by the “Act on Protective Action Guidelines Against Radiation in the Natural Environment”
- Products provided for use by the general public in daily life out of consumer chemical products and
  biocidal products defined by “Act on the Safety Management of Household Chemical Products and Biocides”
- Foods and food additives defined by the “Food Sanitation Act”
- Drugs and quasi-drugs defined by the “Pharmaceutical Affairs Act”
- Radioactive substances defined by the “Nuclear Safety Act”
- Hygiene products defined by the “Hygiene Products Control Act”
- Medical devices defined by the “Medical Devices Act”
- Advanced biopharmaceuticals defined by the “Act on the Safety and Support of Advanced Regenerative Medicine and Advanced Biopharmaceuticals”
- Explosives defined by the “Control of Firearms, Swords, Explosives, etc. Act”
- Waste defined by the “Wastes Control Act”
- Cosmetics defined by the “Cosmetics Act”
- Chemical substances or mixtures provided for use by the general public in daily life(including handling in the workplace)
-  Chemical substances or products used in R&D as notified by the Minister of Employment and Labor
   (only applicable for cases where annual manufacture/import quantity is under 100kg, individual containers must not exceed 10kg)
-  Chemical substances recognized as having low risk of toxicity/explosiveness and thus notified by the Minister of Employment and Labor

Process for MSDS submission and substitute data entry examination

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When to submit MSDS (based on annual manufacture/import tonnage of the substance)

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MSDS substitute data entry examination

Previously, business owners were allowed to not enter their products’ constituents’ names and content on the MSDS if they judged on their discretion that there were reason to protect these facts as confidential data. However, in order to protect worker health and safety, under the amended law individuals who wish not to reveal constituent names and content must first seek approval from the Minister of Employment and Labor, and substitute names and content must be entered so that hazard/risk may be inferred upon exposure. Nonetheless, in case of chemicals used in R&D, these will be examined behind closed doors, have their required submission dossier simplified(omits validity for non-disclosure), and examination period will be shortened to under 2 weeks.

The valid term of approval is 5 years, and individuals wishing to extend this period must submit an application for extension approval and relevant documents through the MSDS system by 30 days before approval expiry.

Facts checked for prior approval

① Validity for non-disclosure
② Suitability of substitute data
③ Confirm appropriateness of MSD

List of documents to be submitted

- Data that verifies information in question is confidential

1) Not known to the public
① Range of persons who know information in question
② Whether information in question has already been made public by another law

2) Secrecy protection
① Types and extent of measures taken by the manufacturer/importer of the information’s chemical, for the purpose of protecting its secrecy(restricting access to information, obligating employees to maintain secrecy and signing non-disclosure agreements with them, physical security measures, maintaining data processing environment with security systems, etc.)
② Ease of access and obtaining information in question by outsiders

3) Economic utility
① Benefits competing companies would gain if information in question were revealed to the public
② Effort and costs spent by information’s chemical’s manufacturer/importer to develop said information

- Substitute data

1) Evaluation standards for suitability of substitute name

2) Appropriate range of entry for substitute content
① If secret constituent’s content ≥25%, ±20%P(percent points)
② If secret constituent’s content <25%, ±10%P

- Name, content, health and environmental hazards, physical danger information for the chemical substance to be entered as substitute data
- Name and content of chemical substances not conforming to classification standards
- Miscellaneous information required for approval to use substitute data in place of substance’s name and content as decided and notified by the Minister of Employment and Labor

Substances excluded from entering substitute data on MSDS

- Substances prohibited from manufacture, etc. under ISHA
- Authorized substances under ISHA
- Hazardous substances subject to control under “Regulation on Industrial Safety Health Standards”
- Hazardous agents subject to working environment measurements under ISHA
- Hazardous agents subject to special health examinations under ISHA
- Chemical substance MSDS non-disclosure exceptions decided by K-REACH

Submission of information by appointee of foreign manufacturer

In case a foreign manufacturer is reluctant to provide information on the constituents of a product(s) to the importer, the manufacturer may designate an appointee to represent them in such tasks as MSDS preparation and submission, submission of chemical substance confirmation dossiers, approval for substitute data entry, valid term extension approval and formal objections, providing MSDS to importers, etc.

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