South Korea to Revise the Enforcement Rules of the Chemical Substances Control Act

On July 21, 2023, the South Korean Ministry of Environment published Notice No. 2023-436 to partly revise the enforcement rules of the Chemical Substances Control Act.

This revision primarily aims to address challenges faced by hazardous chemical operators with less than 30 employees in attracting professional talents and to improve shortcomings in the existing system.

Main revisions

• The permit for importing prohibited substances must be submitted to the Ministry of Employment and Labor;
• When importing and selling prohibited substances, a copy of the approval for the prohibited substances under Article 117 of the Occupational Safety and Health Act must be submitted. The Ministry of Environment will notify the Ministry of Employment and Labor of the approval of the prohibited substances;
• It extends the validity period for technical personnel training and expands KOSHA qualification;
• It extends the validity period of process safety management courses. Some national technical qualifications will be added to the scope of technical personnel;
• It adjusts the schedule of safety training for those handling hazardous chemicals; and
• Instead of requiring operators to receive the full 16 hours of safety training before handling hazardous chemicals, it is done in stages, including pre-handling and post-handling safety training.

Comparison between the existing regulations and the draft

Existing

Article 14 (Permits for manufacturing, importing, and selling prohibited substances)

①Individuals who intend to manufacture, import, or sell reagents for testing, research, and inspection of prohibited substances under Article 18, Provision 1 of this Act must submit a permit application to the local environmental department, attaching the use and sales plan.

②In accordance with the Occupational Safety and Health Act, if the substance is approved for production, import, or use, and can be subject to safety management, then permit conditions and a permit duration shall be established, and a permit shall be issued to the applicant.

Draft

Article 14 (Permits for manufacturing, importing, and selling prohibited substances)

• The following documents:
  • Manufacturing/importing/sales plan; and
  • A copy of the approval for the prohibited substances under Article 117 of the Occupational Safety and Health Act (applicable to import or sale).
• The head of the local Ministry of Environment will notify the head of the local Ministry of Employment and Labor with a copy of the permit.

Institutions, organizations, or individuals with opinions on this revision should submit their opinions online via the Integrated Legislative Preview Center (http://opinion.lawmaking.go.kr) by September 4, 2023, or submit opinions to the Ministry of Environment (E-mail: lkh0000@ Korea.kr Fax: 044-201-683)

This revision aims to better meet the needs of small hazardous chemical operators, strengthen the training of professional talents, and improve the existing system. The publication of the revision and the solicitation of opinions will contribute to the further improvement and development of the chemical substance management system in Korea.

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Further Information

Official Notice