Korean Occupational Safety and Health Act will be Implemented from 16 January 2020

Chemical companies in Korea shall comply with Occupational Safety and Health Act (OSHA), in addition to K-REACH and Chemicals Control Act (CCA).

The amended OSHA was announced on 15 Jan. 2019 and will come into force on 16 Jan. 2020. It sets out new obligations for chemical manufacturers and importers, including the disclosure of composition information and submission of safety data sheets (MSDS) to the Ministry of Employment and Labor (MoEL). Details of the Act will be indicated in the sub-legislation (The sub-legislation may be published at the end of March or in early April)

CIRS will provide the comprehensive information on two of the most important amendments:

1. CBI application (Article 112 of the Act)

CBI application was introduced in KOSHA Amendment. It will come into force on 16 Jan. 2021. Moreover, chemical manufacturers and importers shall submit a new MSDS to the MoEL from 16 Jan. 2021, with ingredients information. If related enterprises do not want to indicate information on chemicals related to business secrets on MSDS, they can apply for data replacement and write it on MSDS after reviewed by the MoEL. The approval for this review shall be valid for 5 years and may be extended for 5 years. Detailed information will be indicated by sub-legislation.

Even if chemical manufacturers and importers apply for CBI, it does not mean that all substances are coverable.

In accordance with Article 17 of the Act, substances excluded from CBI application are substances that may cause serious health problems for workers as below:

• Substances prohibited from manufacturing;
• Substance subject to authorization;
• Hazard substance subject to management in accordance with Enforcement Rule of the Act; and
• Toxic substance under CCA.

2. OR Obligation (Article 113 of the Act)

Only Representative was also introduced in KOSHA Amendment. OR eligibility under KOSHA is expected to be the same as K-REACH.

In order to fulfill the obligations of Korean importers, foreign companies shall appoint a Korea-based only representative to fulfill the obligations of Korean importers.

Obligations of the OR appointed by foreign manufacturers/ importers include:

• MSDS authorization;
• CBI application or preparation of a statement saying that all the non-disclosed ingredients are non-hazardous substances;
• Preparation of replacement data; and
• Application for extension of approval validity period/ Objection for non-approval.
  

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