Legal Aspects of GHS Implementation
Compiled by Goh Choo Ta
Observation• It’s difficult to distinguish recommendations
for government, industry and NGOs. • However, most of the recommendations in
this presentation emphasize on the potential roles of the government because it’s related to legal aspect of GHS implementation.
Situation• GHS enforcement at the country level is
needed but challenging.• Korea, Malaysia, Thailand and Philippines:
legislations and/or ministerial notifications and/or administrative orders.
• Japan & Singapore: legislations + standards
Recommendation (1)• If the GHS is incorporated into existing
legislations (either via ministerial notifications, administrative orders), the competent authority must ensure that GHS elements are adequately addressed.
• This can be done by having stakeholder consultation workshop and public comments.
• Appropriate building blocks should be identified.
Recommendation (2)• Competent authority should organize
awareness raising seminars for the decision makers.
• The content of the seminars should cover introduction on GHS, why we need GHS and benefit of GHS implementation including enhance protection on human health and the environment as well as to facilitate chemical trade across countries’ borders.
Recommendation (3)• The GHS related legislations should cover all
hazardous chemicals.• ERMA New Zealand – thresholds.• Japan – chemicals regulated by specific
regulations.
Recommendation (4)• Competent authority should establish
mechanism to strengthen inter-agencies collaboration.
• This is to ensure that all relevant agencies within the country are aware of GHS and later to share their knowledge and experiences that contribute to the GHS implementation.
Recommendation (5)• Competent authority should establish
mechanism to incorporate latest version of the purple book into their respective regulations
Recommendation (6)• Competent authority should identify
appropriate transition period for GHS implementation.
• Countries are free to determine their respective transition periods based on their countries’ needs.
• However, decision on the transition periods should be conveyed to other countries or organizations.
Recommendation (7)• The requirement of GHS training should be
part of the GHS-related regulations.• This is to ensure competency of the classifiers
and users.
Recommendation (8)• Competent authority should allow over
labeling. • For example, a chemical classified as Category
3 in Country X should accept the same chemical that imported from country Y that classified the chemical as Category 2 without reclassification.
Recommendation (9)• Competent authority should establish
inspection tools to ensure GHS compliance.• Two possible approaches:– To have enforcers that carry out inspections at
company premises; or– To inspect chemical labels and SDS that are
available on the market.
Conclusion• Enforcement is the driving force for GHS
implementation.• If the awareness of social responsibilities is
lacking, then the ‘Rights to know’ should be complement by enforcement.