KOSHA: What are the implications to Industry as a result of the MSDS regulation amendment?

The recent MSDS amendment in South Korea was enforced on 16 January 2021. This amendment requires chemical manufacturers and importers to deliver and submit an MSDS to the competent authority (Korean Occupational Safety and Health Agency, KOSHA) via the IT system. Besides, an MSDS has to be submitted before the manufacture and import; and the due date for submission varies depending on the tonnage band. At the earliest, it should be done by 2022 January 16 for those who manufacture and import more than 1000 tpa and the latest due date will be 2026 for less than 1 tpa tonnage band.

The second important aspect of the MSDS amendment is that non-disclosure of Confidential Business Information in an MSDS shall be approved in advance. Substance information that considers as confidential for instance, substance name and contents shall not be left blank but should be written with alternative names or contents. Last but not the least, according to the amended MSDS regulation, non-Korean manufacturers should appoint an Only Representative to fulfill their responsibility of submitting an MSDS.

Affected stakeholders and implications

Manufacturer and importer of chemical substances should submit an MSDS to the KOSHA via the IT system. As a non-Korean manufacturer, you can appoint an Only Representative to comply with regulatory obligations. GPC Korea provides services including drafting an MSDS and submitting the MSDS to the authority as an OR. GPC Korea will keep your MSDS up-to-date according to the recent regulatory requirements and translate it into a local language. 

Update: 2021-01-14