[Industrial Safety and Health Law] Are chemical substances labeled and SDS issued? An administrative scrivener will explain this regulation.
Posted: May 2024, 2
The Industrial Safety and Health Law (hereinafter referred to as the "Health and Safety Law") was enacted in 47. This law aims to ensure the safety and health of workers in the workplace and promote the creation of a comfortable working environment.
The Safety and Health Act provides a system for employers and workers to recognize the dangers and hazards of substances that may cause danger or health problems to workers, and to consider and implement necessary measures based on the risks. Information should be communicated through the issuance of SDS.
▶Excerpt from the Ministry of Health, Labor and Welfare “-GHS Compatible- Labeling and SDS provision system under the PRTR Act and the Safety and Health Act (October 5 edition)”
① Businesses subject to regulation
(1) Businesses that may be subject to regulation
□Manufacturers and distributors of chemicals, pharmaceuticals, quasi-drugs, and cosmetics (hereinafter referred to as "chemicals, etc.")
□Distributors of chemicals, etc. (trading companies, etc.)
□ Businesses that operate and manage industrial facilities (factories, etc.) that handle chemicals, etc.
□Medical industry
□Higher education institutions
□Natural Science Institute etc..
(2) Subjects subject to labeling and SDS issuance regulations
The responsibility for labeling and issuing SDS lies with the transferor/provider of the chemical product.
Therefore, even if the product is manufactured by another company, the selling business must display the label and issue an SDS at the time of sale.
On the other hand, manufacturers are required to label and issue SDS when transferring or providing products to outsourcers, even if they are not under their own brand.
In addition, businesses that receive SDSs are required to inform workers who handle chemical substances so that they can check them at all times.
Please note that labeling and SDS issuance are provided in transactions between businesses, and are not provided to general consumers.
②Main regulations regarding labeling and SDS issuance
(1) Regulation of businesses that transfer and provide chemical substances
Label display and SDS is required. Chemical substances that require labeling and SDS issuance will be described later.
(2) Businesses that have received the transfer or provision of chemical substances (when labeling and SDS has been issued)
In order to prevent industrial accidents, it is necessary to inform workers who handle chemical substances using one of the following methods so that they can check them at all times.
1. Displayed or provided in the workplace at all times
2. Issue documents to workers
3. Records are recorded electronically, and a device (such as a computer) is installed in the workplace that can be checked at all times.
In addition, it is necessary to conduct a risk assessment according to the hazards.
▶Excerpt from the Ministry of Health, Labor and Welfare website
③Others (points to note regarding regulatory compliance)
In the field of labor law, regulations are subject to frequent changes due to incidents, accidents, and reviews by academic societies. Therefore, it is necessary to proactively catch up on legal revision information and review whether it complies with current regulations. Most recently, in September 5, the Enforcement Order of the Industrial Safety and Health Act revised the chemical substances that must be labeled and issued with SDS.
▶Excerpt from the Ministry of Health, Labor and Welfare's "Summary of the Draft Cabinet Order to Amend Part of the Enforcement Order of the Industrial Safety and Health Act"
④ Information on “integrated regulatory management” by administrative scrivener corporation
At our company, we mainly provide the following support depending on the implementation status and issues of regulatory compliance of our clients.
Please contact us if you are unsure whether your current management methods are covering everything properly, or if you are worried about the transfer of duties due to licensing and permit management becoming too personal.
<Example of work content>
(1) Identification of applicable regulations, etc.
Based on the results of interviews and fact-finding surveys, we identify laws and regulations that need to be caught up/take note of, based on current business content and future business development.
It can be used to prevent omissions and omissions by adding an outside perspective to a list of regulations that have been identified internally, and to periodically review applicable regulations.
(2) Response to applicable regulations
Our consultants will accompany you for a certain period of time to provide the necessary support in order to appropriately respond to the laws and regulations that have been identified.
(Example of support content)
・Support for building necessary internal systems and work flows
・Support for formulating effective regulations, manuals, etc.
・Distribution of legal revision alerts for various laws and guidelines, etc.
・Support for developing checklists and practical forms
・Education and training for executives and employees (compliance guidance, etc.)
・Collective management of permits and licenses ・Collective management of qualified personnel (effective qualification management/update)
・Administrative consultation/Administrative consultation accompanying
・Regulatory research and regulation list creation for new businesses and law revisions, etc.
(3) Monitoring and monitoring support for regulatory compliance status
We will conduct a fact-finding investigation (internal audit) of business operations for the purpose of confirming and monitoring the status of compliance with identified laws and regulations, the implementation status of internal rules, etc., and the occurrence of fraud and problems related to compliance with regulations.
After preliminary and on-site inspections, we will identify deficiencies and problems related to compliance with regulations and submit them as a report. (Comments and improvement support available upon request)
