MSDS requirements of industrial chemicals

As carriers request MSDS (Material Safety Data Sheet) to ship a chemical product, MSDS prepared by its manufacturer or exporter may naturally be shared in importing the chemical product into Korea. In importing industrial chemicals, extra care is required because MSDS conforming to Korea standards shall be submitted to the Minister of Employment and Labor under the OCCUPATIONAL SAFETY AND HEALTH ACT (산업안전보건법).

OCCUPATIONAL SAFETY AND HEALTH ACT Article 110 (Preparation and Submission of Material Safety Data Sheets) (1) A person who intends to manufacture or import any chemical substance or a mixture containing it, which is falling under the classification standards referred to in Article 104 (excluding a chemical substance or mixture prescribed by Presidential Decree; hereinafter referred to as “substances subject to material safety data sheet preparation”), shall prepare data sheets stating the following matters (hereinafter referred to as "material safety data sheets"), and submit them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, where the Minister of Employment and Labor intends to prescribe matters to be described in material safety data sheets or the methods for preparing such data sheets as prescribed by Ordinance of the Ministry of Employment and Labor, he or she shall consult with the Minister of Environment with regard to matters pertaining to the Chemical Substances Control Act and the Act on Registration and Evaluation of Chemical Substances: <Amended on May 26, 2020> 1.   The name of a product; 2.   The names and content of chemical substances falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation; 3.   Handling precautions for safety and health; 4.   Hazards to health or the environment, and physical dangers; 5.   Other matters prescribed by Ordinance of the Ministry of Employment and Labor, including physical and chemical properties. (2) A person who intends to manufacture or import any substance subject to material safety data sheet preparation shall separately submit the data sheets showing the names and content of chemical substances not falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation, to the Minister of Employment and Labor: Provided, That the foregoing shall not apply in any of the following cases: 1.   Where the material safety data sheets submitted pursuant to paragraph (1) contain the names and content of all chemical substances prescribed in the main clause, with the exception of its subparagraphs, of this paragraph; 2.   Where a person who intends to import any substance subject to material safety data sheet preparation submits a document verifying that there is no chemical substance falling under the classification standards referred to in Article 104, except the chemical substances stated in material safety data sheets, after receiving the document from a person who intends to manufacture a substance subject to material safety data sheet preparation overseas and export it to the Republic of Korea (hereinafter referred to as “overseas manufacturer”). (3) Where any change is made to any matter prescribed by Ordinance of the Ministry of Employment and Labor, among the matters prescribed in any subparagraph of paragraph (1), a person who has manufactured or imported any substance subject to material safety data sheet preparation shall submit material safety data sheets reflecting the relevant change to the Minister of Employment and Labor. (4) The methods and timing of submitting material safety data sheets, etc. referred to in paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

 

Standards for classifying hazards of hazardous factors (chemical substances, physical factors, etc. that cause health impairments to employees) are as below. Industrial chemicals containing a chemical substance that meets the standards are subject to MSDS preparation.

 

Table 18 attached to the ENFORCEMENT RULE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT   1. STANDARDS FOR CLASSIFYING CHEMICAL SUBSTACNES     A. PHYSICAL HAZARDS a.   Explosive substances: Solid or liquid substances or mixtures of substances which are in themselves capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings  b.   Flammable gases: Gases which have a flammable range with air at 20 °C and a standard pressure (101.3 kPa) and gases which are spontaneously flammable in air at not more than 54℃ (including mixtures) c.    Flammable liquids: Liquids which have a flash point of not more than 93℃ at a standard pressure (101.3 kPa) d.   Flammable solids: Solids which are readily combustible, or may cause or contribute to fire through friction e.   Aerosols: Solid or liquid particles in suspension in a gas which are held in non-refillable receptacles made of metal, glass, or plastics and containing a gas compressed, liquefied or dissolved under pressure, and fitted with a release device allowing the contents to be ejected as a foam, paste or powder in a liquid state or in a gaseous state f.     Substances which, in contact with water, emit flammable gases: Solid or liquid substances or mixtures which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases g.   Oxidizing gases: Gases which may, generally by providing oxygen, cause or contribute to the combustion of other material more than air does h.   Oxidizing liquids: Liquids which, while in themselves not necessarily combustible, may, generally by yielding oxygen, cause, or contribute to, the combustion of other material i.     Oxidizing solids: Solids which, while in themselves not necessarily combustible, may, generally by yielding oxygen, cause, or contribute to, the combustion of other material j.     Gases under pressure: Gases which are contained in a receptacle at a pressure not less than 280 kPa at 20 °C or as a refrigerated liquid (classified into compressed gases, liquefied gases, refrigerated liquefied gases, and dissolved gases) k.   Self-reactive substances: Liquid or solid substances or mixtures which are thermally unstable and liable to undergo a strongly exothermic decomposition even without participation of oxygen l.     Pyrophoric liquids: Liquids which, even in small quantities, are liable to ignite within five minutes after coming into contact with air m.  Pyrophoric solids: Solids which, even in small quantities, are liable to ignite within five minutes after coming into contact with air n.   Self-heating substances: Substances which, by reaction with air and without energy supply, are liable to self-heat (excluding pyrophoric substances) o.   Organic peroxides: Liquid or solid organic substances which contain the bivalent -0-0- structure and may be considered derivatives of hydrogen peroxide, where one or both of the hydrogen atoms have been replaced by organic radicals p.   Corrosive to metals: Substances which, by chemical action, will materially damage, or even destroy, metals       B. HEALTH AND ENVIRONMENTAL HAZARDS a.   Substances of acute toxicity: Substances which cause adverse effects following oral or dermal administration of a single dose, or multiple doses given within 24 hours, or an inhalation exposure of 4 hours b.   Substances of skin corrosion or irritation: Substances which destroy skin tissue or cause skin irritation upon contact (classified into skin corrosion substances and skin irritation substances) c.    Substances of serious eye damage or irritation: Substances which cause damage to eye tissue or deterioration of vision, etc. upon contact (classified into eye-damaging substances and eye-irritating substances) d.   Substances of respiratory sensitization: Substances which cause a hypersensitivity reaction to the respiratory tract following inhalation through respiratory organs e.   Substances of skin sensitization: Substances which induce an allergic response following skin contact f.     Substances of carcinogenicity: Substances which induce cancer or increase its incidence g.   Substances of germ cell mutagenicity: Substances which can cause mutations in a person’s germ cells which can be passed on to offspring h.   Substances of reproductive toxicity: Substances which cause adverse effects to reproductive function, fertility, or fetal development i.     Substances of specific target organ toxicity (single exposure): Substances which cause toxicity to specific target organs or whole body through single exposure j.     Substances of specific target organ toxicity (repeated exposure): Substances which cause toxicity to specific target organs or whole body through repeated exposure k.   Substances of aspiration toxicity: Substances which cause acute effects such as chemical pneumonia, various lung damage or death by entering trachea and deeper respiratory organs directly through mouth or nose, or indirectly through vomiting, in the form of liquid or solid chemicals l.     Substances hazardous to the aquatic environment: Substances which cause adverse effects to aquatic life through short-term or long-term exposure m.  Substances hazardous to the ozone layer: Specific substances as defined in subparagraph 1 of Article 2 of the ACT ON THE CONTROL OF MANUFACTURE OF SPECIFIC SUBSTANCES FOR THE PROTECTION OF THE OZONE LAYER   2. STANDARDS FOR CLASSIFYING PHYSICAL FACTORS a.   Noise: Loud sound above 85 decibels (A) that can cause noise-induced hearing loss b.   Vibration: Local vibrations such as white finger disease, Raynaud's phenomenon, peripheral circulatory disturbance caused by using tools like rock drills, hand hammers, etc. and whole-body vibrations such as arthralgia, slipped disk, indigestion, etc. caused by using vehicles, etc. c.    Radiation: Electron beams such as alpha rays, beta rays, gamma rays, X-rays, neutron rays, etc. which can directly or indirectly ionize air or cells d.   Abnormal pressure: Pressure at which the gauge pressure is greater than or less than one kilogram per square centimeter e.   Abnormal temperature: Temperature that can cause heatstroke, frostbite, skin disease, etc. due to high heat, cold, and high humidity   3. STANDARDS FOR CLASSIFYING BIOLOGICAL FACTORS a.   Blood-borne infectious factors: Factors that are transmitted through blood to others and cause disease, such as human immunodeficiency virus, hepatitis B and C viruses, syphilis virus, etc. b.   Air-borne infectious factors: Factors that are transmitted through respiratory system by air or droplet infection, such as tuberculosis, chickenpox, measles, etc. c.    Insect-borne and animal-borne infectious factors: Factors that are transmitted through animal excrement, such as scrub typhus, leptospirosis, epidemic hemorrhagic fever, etc. and factors that are transmitted from livestock or wild animals to human, such as anthrax, brucellosis, etc.

 

As prescribed by the Ministry of Employment and Labor (MOEL) Notification, STANDARDS FOR CLASSIFICATION AND LABELING OF CHEMICAL SUBSTANCES AND MATERIAL SAFETY DATA SHEETS (화학물질의 분류·표시 및 물질안전보건자료에 관한 기준), MSDS shall contain following information in this order:

Table 4 attached to the STANDARDS FOR CLASSIFICATION AND LABELING OF CHEMICAL SUBSTANCES AND MATERIAL SAFETY DATA SHEETS   1. PRODUCT AND COMPANY IDENTIFICATION a.   Product name (same as the name or classification code on the warning label): b.   Recommended use of the chemical and restrictions on use: c.    Supplier’s details (in the case of imported chemicals, information on the domestic supplier who can answer customers’ inquiries and emergencies):   ○ Company name   ○ Address ○ Emergency telephone number   2. HAZARDS IDENTIFICATION a.   GHS classification b.   GHS label elements including precautionary statements   ○ Hazard pictograms   ○ Signal word   ○ Hazard statements   ○ Precautionary statements c.    Other hazards which do not result in classification:   3. COMPOSITION AND INFORMATION ON INGREDIENTS Chemical name, common name and synonyms, CAS number or identification number, content(%)    * If the partial non-disclosure of MSDS is approved, approval number and term of validity   4. FIRST AID MEASURES a.   In case of eye contact: b.   In case of skin contact: c.    If inhaled: d.   If swallowed: e.   Notes to physician:   5. FIREFIGHTING MEASURES a.   Suitable (and unsuitable) extinguishing media:  b.   Specific hazards resulting from chemicals(e.g. hazardous combustion products): c.    Special protective equipment and precautions for firefighters:   6. ACCIDENTAL RELEASE MEASURES a.   Measures and protective equipment to protect human body: b.   Measures to protect environment: c.    Methods for purification or removal:   7. HANDLING AND STORAGE a.   Advice on safe handling: b.   Methods for safe storage (including conditions to avoid):   8. EXPOSURE CONTROL AND PERSONAL PROTECTION a.   Chemical exposure limits, biological exposure limits, etc.: b.   Appropriate engineering control: c.    Personal protective equipment  ○ Respiratory protection:  ○ Eye protection:  ○ Hand protection:  ○ Body protection:   9. PHYSICAL AND CHEMICAL PROPERTIES a.   Appearance (physical state, color, etc.): b.   Odor: c.    Odor threshold:  d.   pH: e.   Melting/Freezing point: f.     Boiling point and range: g.   Flash point: h.   Evaporation rate: i.     Flammability (solid, gas) j.     Upper/Lower limit of flammability or explosion k.   Vapor pressure: l.     Solubility: m.  Vapor density: n.   Specific gravity: o.   n-Octanol/Water partition coefficient: p.   Auto-ignition temperature: q.   Decomposition temperature: r.    Viscosity: s.    Molecular weight:   10. STABILITY AND REACTIVITY a.   Chemical stability and possibility of hazardous reactions: b.   Conditions to avoid (electrostatic discharge, shock, vibration, etc.): c.    Materials to avoid: d.   Hazardous decomposition products:   11. TOXICOLOGICAL INFORMATION a.   Information on the likely routes of exposure b.   Health hazard information   ○ Acute toxicity (indicate all the possible routes of exposure):   ○ Skin corrosion or irritation:   ○ Serious eye damage or irritation:   ○ Respiratory sensitization:   ○ Skin sensitization:   ○ Carcinogenicity:   ○ Germ cell mutagenicity:   ○ Reproductive toxicity:    ○ Specific target organ toxicity (single exposure):   ○ Specific target organ toxicity (repeated exposure):   ○ Aspiration toxicity: ※ By combining a. and b., the routes of exposure and heath hazard information can be listed together.   12. ECOLOGICAL INFORMATION a.   Ecotoxicity: b.   Persistence and degradability: c.    Bioaccumulative potential: d.   Mobility in soil: e.   Other adverse effects:   13. DISPOSAL CONSIDERATIONS a.   Disposal methods:  b.   Disposal precautions (including methods of disposing contaminated containers and packaging):   14. TRANSPORT INFORMATION a.   UN number: b.   UN proper shipping name: c.    Transport hazard classes: d.   Packing group (if applicable): e.   Marine pollutant (Yes/No): f.     Special precautions which a user needs to be aware of or needs to comply with in connection with transport or conveyance:   15. REGULATORY INFORMATION a.   Regulation under the Occupational Safety and Health Act: b.   Regulation under the Chemical Substances Control Act:  c.    Regulation under the Act on the Safety Control of Hazardous Substances: d.   Regulation under the Wastes Control Act: e.   Regulation under other domestic and foreign laws:   16. OTHER INFORMATION a.   Source of data: b.   Issuing date: c.    Revision number and final revision date: d.   Other:

 

MSDS shall be written in Korean except for proper nouns such as names of chemical substances and foreign organizations which can be written in English. However, translation into Korean is not required for MSDS of reagents used in laboratories for the purpose of test and research.

 

Submitting MSDS to the MOEL is processed through Korea MSDS System (https://msds.kosha.or.kr/).

Pursuant to Article 19 of the Standards, following cases are exempt from submitting MSDS:

-      For scientific experiment, analysis, or research such as reagents

-      For developing chemical substances or chemical products, etc.

-      For improving or developing production processes

-      For testing application fields of chemical substances at the place of business

-      For pilot manufacturing of chemical substances or pilot production of chemical products, etc.

 

It shall be noted that only the submission is exempted. MSDS shall be prepared anyway.

 

From time to time, MOEL and KOSHA (Korea Occupational Safety & Health Agency) conduct investigations about MSDS without prior notice. Last February, workers at a manufacturing company in Gyeongnam province were exposed to a cleaning agent containing the toxic trichloromethane (chloroform) and poisoned. In responding to the accident, MOEL announced that investigation without prior notice is scheduled from July 25 to September 2 for 200 companies manufacturing/importing chemicals (https://www.moel.go.kr/news/enews/report/enewsView.do?news_seq=13779).