STANDARDS FOR CLASSIFICATION AND LABELING OF CHEMICAL SUBSTANCES AND MATERIAL SAFETY DATA SHEETS
Notice No. 2008029, Jun. 27, 2008
Amended by Notice No. 2009068, Oct. 26, 2009
Notice No. 2012014, Jan. 26, 2012
Notice No. 2013037, Aug. 14, 2013
Notice No. 2016019, Apr. 6, 2016
CHAPTER I GENERAL PROVISIONS
The terms used in this Public Notice shall be defined as follows:
1. | The term "chemical substance" means a chemical element or substance formed by chemical reaction between elements; |
2. | The term "preparation containing chemical substances" means a mixture or solution comprised of at least two chemical substances; |
4. | The term "manufacturer" means a person who produces, processes, blends or repackages chemical substances or preparations containing chemical substances, for the purpose of self-consumption or sale; |
5. | The term "importer" means a person who intends to bring any chemical substance or preparation containing chemical substances from a foreign country into the country for the purpose of sale or self-consumption; |
6. | The term "container" means a thing made of synthetic steel or plastic, or a storage tank, glass, vinyl bag or paper bag, which directly holds chemical substances in solid, liquid, or gas, or preparation containing chemical substances: Provided, That a truck mixer or cargo container shall not be deemed a container; |
7. | The term "package" means a thing which holds containers containing chemical substances or preparation containing chemical substances; |
8. | The term "semi-finished product container" means a container which contains a chemical substance to transfer it from one process to another within a workplace, on an occasional basis. |
Article 3 (Materials Excluded from Application) |
2. | A preparation as a finished product in solid form which has no risk of worker's exposure to the product or hazardous chemicals contained therein, when handled (Provided, That a product containing a specially controlled material shall be excluded herefrom). |
CHAPTER II CLASSIFICATION AND INDICATION OF CHEMICAL MATERIALS
Article 4 (Classification of Chemical Substances, etc.) |
(1) | Detailed criteria for classification of chemical substances, etc. by category under Article 81 of the Rules and subparagraph 1 of attached Table 11-2 thereof shall be as specified in attached Table 1. |
(2) | Detailed standards for test for the classification of chemical substances, shall comply with the guidelines for implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) stipulated by the United Nations. |
CHAPTER III ATTACHMENT, PREPARATION, ETC. OF WARNING SIGNS
Article 5 (Attachment of Warning Signs) |
(1) | A person who transfers or provides any controlled chemical substance shall ensure that information on its toxicity and hazards is clearly indicated by attaching or printing a warning sign in Korean alphabet, on the container of the relevant controlled chemical substance (including where Korean alphabet and a foreign language are written together on the same warning sign) and the package thereof: Provided, That in cases of a finished product on which a warning sign written in a foreign language is attached, as a reagent used in a laboratory for testing or research purpose, or which is stored or being transported for export, need not attach a warning sign written in Korean. |
(2) | Notwithstanding paragraph (1), where no sign of harmful and hazardous material specified in the Recommendations on the Transport of Dangerous Goods stipulated by the United States is indicated on the package, it may be indicated in accordance with the Recommendations on the Transport of Dangerous Goods. |
(3) | Where a sign is indicated on an unpacked container, such as a drum, in accordance with the Recommendations on the Transport of Dangerous Goods stipulated by the United Nations, the relevant pictogram need not be indicated on a warning sign. |
(4) | Where it is impractical to attach a warning sign or indicate the content of a warning sign by printing on a container or the package thereof, a tag on which a warning sign is printed may be attached. |
(5) | A business owner who intends to use, transport, or store any controlled chemical substance shall check whether there is a warning sign and attach a warning sign if none exists. |
(6) | A business owner referred to in paragraph (5) may request the transferor or provider of a controlled chemical substance to attach a warning sign. |
Article 6 (Methods of Drawing Up Warning Signs) |
(1) | The pictograms, signal words, words warning of toxicity and hazards, and words for prevention measures under Article 92-5 of the Rules shall be as specified in attached Table 2. |
(2) | If the volume of a controlled chemical substance does not exceed 100 grams or 100 milliliters, it may be indicated by describing the name, pictograms and signal words on a warning sign and recommending users to refer to the material safety data sheet for other matters indicated. |
(3) | Where it is intended to indicate a warning sign on a container which is a semi-finished product in which a controlled chemical substance is filled for self consumption at the relevant workplace, it may be indicated simply by such word as "danger" or "warning" depending on the degree of toxicity or hazards: Provided, That in such cases, the warning sign shall be attached or the material safety data sheet shall be posted at a position easily visible to workers working at a place where it is kept or stored. |
Article 6-2 (Methods of Filling in Entry Items of Warning Signs) |
(1) | The product name specified in the material safety data sheet under Article 10 (1) 1 shall be stated as the name of a chemical substance. |
(2) | All pictograms that fall under attached Table 2 shall be indicated: Provided, That in any of the following cases, matters set forth in the relevant subparagraph shall be conformed to: |
1. | If both pictograms for "scull and crossbones" and "exclamation mark (!)" are applicable, only the pictogram for "sand crossbones" shall be indicated; |
2. | If both pictograms for skin corrosion or serious eye damage, and skin irritation or eye irritation are applicable, only the pictogram for skin corrosion or serious eye damage shall be indicated; |
3. | If all pictograms for respiratory sensitizer, skin sensitizer, and skin irritation or eye irritation are applicable, only the pictogram showing respiratory sensitization shall be indicated; |
4. | If at least five pictograms are applicable, only four pictograms shall be indicated. |
(3) | "Danger" or "warning" shall be used as signal word according to attached Table 2: Provided, That if a controlled chemical substance falls under both "danger" and "warning," only "danger" shall be indicated. |
(4) | All words alerting toxicity and hazards meeting relevant criteria set forth in Table 2 shall be indicated: Provided, That duplicating alert words may be omitted or may be indicated by combining similar alert words. |
(5) | All statements for preventive measures meeting the criteria set forth in attached Table 2 shall be indicated: Provided, That in any of the following cases, matters set forth in the relevant subparagraph shall be conformed to: |
1. | Duplicating precautionary statements may be omitted or indicated by combining similar precautionary statements; |
2. | If the number of precautionary statements is at least seven, only six of them may be indicated including each one of prevention, countermeasure, storage, and discard (excluding where there is no relevant words). In such cases, it shall be indicated to refer to material safety data sheet for precautionary statements which have not been indicated. |
Article 7 (Forms and Sizes of Warning Signs) |
The forms and sizes of warning signs shall be as specified in attached Table 3.
Article 8 (Colors and Position of Warning Signs) |
(1) | The whole background color of a warning sign shall be white, and the color of the writing and frame shall black. |
(2) | Notwithstanding paragraph (1), where it is impractical to use white as the background color, such as on vinyl sack, the surface of the package or container, itself, may be used as the background color: Provided, That in cases of a package or container the background color of which is close to black, the writing and frame shall be indicated in a contrasting color. |
(3) | A pictogram shall be comprised of a picture showing toxicity and hazards and a frame, and the picture indicating toxicity and hazards shall be in black; and the frame of a pictogram shall be in red in principle but may be in black, but a color contrast to background color may be used where it is difficult to distinguish between the background color and the frame; and the background color of a pictogram shall be white: Provided, That where it is intended to print a warning sign directly on a container or package with a capacity of less than one liter, the main color of the container or package (excluding black) may be used as the background color of the pictogram only if the surface of the container or package uses not more than two colors. |
(4) | A warning sign shall be firmly attached at a position easily visible to workers while they use the relevant chemical substance. |
Article 9 (Provision of Data Entered as Contents of Warning Signs) |
(1) | Data entered as contents of a warning sign under the proviso to Article 41 (4) of the Act shall be provided together at the time any controlled chemical substance is transferred or provided: Provided, that where the contents of a warning sign are included in the material safety data sheet, the relevant data may be provided in the way of providing the material safety data sheet. |
(2) | Where the same controlled chemical substance is transferred or provided continuously to the same counterparty at least twice, data entered as the contents of the warning sign may not be provided additionally unless any matter described therein is changed: Provided, That the same shall not apply where the counterparty requests to provide the relevant data. |
CHAPTER IV PREPARATION, ETC. OF MATERIAL SAFETY DATA SHEETS
Article 10 (Items to be Prepared) |
(1) | Items to be included in the preparation of a material safety data sheet and the order thereof shall be as follows: |
1. | Information on the chemical product and the company; |
3. | Names and content of ingredients; |
5. | Measures for coping with an explosion or fire; |
6. | Measures for coping with a leakage accident; |
7. | Methods of handling and storage; |
8. | Prevention against exposure and personal protection equipment; |
9. | Physical and chemical properties; |
10. | Stability and reactivity; |
11. | Information on toxicity; |
12. | Effect on environment; |
13. | Matters requiring attention when discarding it; |
14. | Information on transportation; |
15. | Current state of legal regulation; |
16. | Other reference information. |
(2) | Detailed items to be prepared and the matters to be described for each item of paragraph (1), shall be as specified in attached Table 4: Provided, That a person who prepares a material safety data sheet may add further detailed items if deemed necessary to improve the safety and health of workers. |
Article 11 (Writing Principles) |
(1) | A material safety data sheet shall be prepared in Korean in principle, but proper nouns, such as the names of chemical substances and foreign institutions, may be written in English. |
(2) | Notwithstanding paragraph (1), material safety data sheet written in foreign language need not be translated into Korean if it is for a reagent used for tests and research in laboratories. |
(3) | When it is intended to reflect the results of tests in preparing the matters prescribed in subparagraphs of Article 10 (1), the results of tests conducted in accordance with the good laboratory practice (GLP) of the relevant country and International Laboratory Accreditation Scheme (KOLAS), shall be preferentially taken into account. |
(4) | When any material safety data sheet written in foreign language is translated, the name of the institution that has prepared it for the first time and the time of its issuance shall be indicated together to ensure the reliability of the data; and where any material safety data sheet is prepared utilizing any other types of related data, the sources of such references shall be cited. |
(5) | Terms necessary to prepare a material safety data sheet and technical guidelines necessary for the preparation thereof may be determined by the Korea Occupational Safety and Health Agency. |
(6) | The units used in preparing a material safety data sheet shall conform to those prescribed by the Measures Act. |
(7) | Contents of each item shall be prepared without omission: Provided, That where it is impossible to obtain related information on any item due to any extenuating circumstances, the phrase "no data available" shall be entered in the relevant column, and where it is impossible to apply any data or in cases not falling under an object of application, the phrase "not applicable" shall be entered. |
(8) | When the content of an ingredient under Article 10 (1) 3 is described, the range of content (from the lower limit to the higher limit of value) may be indicated in lieu of such content within the range of a plus or minus five percent of the content. In such cases, where the content is less than five percent, the lower limit of its value to be indicated shall be at least one percent (0.1 percent for carcinogens and germ cell mutagens, 0.2 percent for respiratory sensitizers (gases only), and 0.3% for reproductive toxicants). |
(9) | Any material safety data sheet shall be prepared in good faith in conformity with the purpose of protecting the health of workers who handle chemical substances. |
Article 12 (Determination of Toxicity and Hazards of Mixtures) |
(1) | When a material safety data sheet is prepared, the toxicity and danger of a mixture shall be determined as follows: |
1. | Detailed criteria for determining the toxicity and hazards of a mixture shall be as specified in attached Table 1; |
2. | If a mixture has not been tested as a whole for physical hazards, the potential physical hazards of the mixture may be assessed based upon the data on each chemical substance which constitutes the mixture. |
(2) | If a number of mixture products meet the following requirements, a representative material safety data sheet may be prepared for all the products: |
1. | The ingredients of the mixture products shall be the same; |
2. | No variation in composition of any one ingredient shall exceed ten percent; |
3. | They shall have similar toxicity. |
Article 13 (Transfer or Provision) |
(1) | A person who transfers or provides any controlled chemical substance may provide the material safety data sheet in any of the following ways pursuant to Article 92-3 (1) of the Rule. In such cases, a person who transferred or provided the controlled chemical substance shall confirm whether the counterparty has received it: |
1. | Transmission through facsimile, electronic mail or registered mail; |
2. | Provision of the electronic recording medium in which the material safety data sheet is stored, such as a compact disc, memory card, or USB memory. |
(3) | When any chemical substance or preparation containing any chemical substance which does not fall under the classification criteria specified in subparagraph 1 of attached Table 11-2 of the Rules, is transferred or provided, the fact that the relevant chemical substance or preparation containing the chemical substance does not fall under the classification criteria specified in subparagraph 1 of attached Table 11-2 of the Rules shall be notified in writing. In such cases, where a material safety data sheet containing the relevant information is provided, it shall be deemed notified in writing. |
(4) | A person who has transferred or provided any chemical substance or preparation containing a chemical substance under paragraph (3); and a person who has received written notice on that the relevant chemical substance or preparation containing the chemical substance does not fall under the classification criteria specified in subparagraph 1 of attached Table 11-2 of the Rules; shall keep the relevant documents (where a material safety data sheet is provided under the latter part of paragraph (3), referring to the relevant material safety data sheet) inside the workplace. |
Article 14 (Modified Contents of Material Safety Data Sheet and Methods of Providing Them) |
(1) | Matters to be provided to a counterparty, among the contents of a material safety data sheet that requires modification of its content under Article 41 (6) of the Act, means the following matters: |
1. | Information on the chemical product and the company; |
3. | Names and content of ingredients; |
5. | Measures for dealing with an explosion or fire; |
6. | Measures for dealing with a leakage accident; |
7. | Methods of handling and storage; |
8. | Prevention against exposure and personal protection equipment; |
9. | Current state of legal regulation. |
(2) | Article 92-3 (1) of the Rules shall apply mutatis mutandis where the contents of a material safety data sheet are provided to the counter party after being modified under Article 41 (6) of the Act. |
Article 15 (Posting or Keeping) |
(1) | A business owner shall post or keep material safety data sheets of all controlled chemical substances used at the workplace, at least one of the following places at positions readily visible to workers, and shall examine and manage them regularly or frequently: |
1. | Process lines where controlled chemical substances are handled; |
2. | Places with potential risk of safety accident or occupational disease; |
3. | Places easily visible to workers within the workplace. |
(2) | A business owner equipped with any computerized equipment through which material safety data sheets can be checked under Article 92-4 (3) 2 of the Rules, shall take all of the following measures: |
1. | He/she shall install and operate the computerized equipment through which the material safety data sheets can be checked at a place readily accessible during work by workers who handle controlled chemical substances; |
2. | He/she shall educate workers who handle controlled chemical substances (including all workers exposed to chemical substances; hereinafter the same shall apply) on how to operate programs on material safety data sheets, input product names, and check material safety data sheets, etc; |
3. | He/she shall include the health hazards of controlled chemical substances and the method of searching material safety data sheets in the guidelines for the management referred to in Article 41 (9) of the Act and Article 92-7 (1) of the Rules. |
CHAPTER V EDUCATION OF WORKERS AND INDICATION OF IDENTIFIABLE INFORMATION
Article 16 (Confirmation of Contents of Education) |
If any computerized equipment through which material safety data sheets can be checked under Article 92-4 (3) 2 of the Rules has been installed, the business owner shall ensure that the workers who handle chemical substances are able to check material safety data sheets using such equipment.
Article 17 (Exception to Acknowledgement of Business Secret) |
“Controlled chemical substances specified by Ordinance of the Ministry of Employment and Labor as those that are likely to seriously harm workers’ health" in the proviso to Article 41 (2) of the Act, means any of the following materials: 3. | Hazardous materials subject to control under Article 420 of the Rules on Industrial Health Standards; |
Article 18 (Provision of Information Not Described in Material Safety Data Sheets) |
(1) | If a business owner in receipt of a request for provision of information under Article 41 (11) of the Act, does not have the relevant information, he/she shall request the person who transfers or provides the controlled chemical substance, to provide the relevant information. |
(2) | If a person who transfers or provides a controlled chemical substance receives a request to provide information under paragraph (1), he/she shall provide the relevant information to the business owner. In such cases, Article 92-3 (1) of the Rules shall apply mutatis mutandis to methods of providing the relevant information |
Article 19 (Time Limit for Reexamination) |
ADDENDUM
Article 1 (Enforcement Date)
This Public Notice shall enter into force on the date it is publicly notified.
ADDENDUM <Ministry of Employment and Labor Public Notice No. 2009-68, Oct. 26, 2009>
Article 1 (Enforcement Date)
This Public Notice shall enter into force on the date it is publicly notified.
ADDENDA <Ministry of Employment and Labor Public Notice No. 2012-14, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Public Notice shall enter into force on January 26, 2012.
Article 2 (Applicability)
The amended provisions of attached Tables 1, 2, and 4 shall begin to apply from the first controlled chemical substances transferred or provided on or after January 26, 2012: Provided, That the former provisions may also apply for one year after this Public Notice enters into force.
ADDENDA <Ministry of Employment and Labor Public Notice No. 2013-37, Aug. 14, 2013>
Article 1 (Enforcement Date)
This Public Notice shall enter into force on the date of its issuance.
Article 2 (Applicability)
The amended provisions of attached Tables 1 shall begin to apply from the first controlled chemical substances transferred or provided on or after August 14, 2013: Provided, That the previous provisions may also apply for one year after this Public Notice enters into force.
ADDENDA <Ministry of Employment and Labor Public Notice No. 2016-19, Apr. 6, 2016>
Article 1 (Enforcement Date)
This Public Notice shall enter into force on the date of its issuance.
Article 2 (Transitional Measures concerning Indication of Warning, Material Safety Data Sheets, etc.)
The classification and indication of chemical substances and the standards for material safety data sheets under attached Tables 1, 2, and 4 valid as at the time this Public Notice enters into force, may be used or applied together with the classification and indication of chemical substances and the standards for material safety data sheets under the amended provisions for one year after this Public Notice enters into force.