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Taiwan Occupational Safety and Health Act (OSHA)

By Little Pro on 2015-12-31 Views:  Update:2017-01-18

Taiwan Occupational Safety and Health Act (previously Labor Safety and Health Act) was promulgated by the Ministry of Labor(MoL) on 3 July 2013 and takes effect on 3 July 2014. New provisions related to new substance registrations come into force from 1 Jan 2015.

On 13 April 2015, the Ministry of Labor has published the first list of 580 priority management chemical substances for public consultations. Among the 580 substances, 123 substances are CMR category 1 substances. To understand what this means to your business, you have to understand how chemicals are regulated by OSHA first.

Main Requirements of Taiwan OSHA

Under OSHA, manufacturers or importers shall not manufacture or import new substances prior to submitting hazard information and obtaining registration approval. In addition to that, OSHA prohibits the handling or use of certain controlled chemicals in workplace and requires suppliers and employers to provide labels and safety data sheets..

The table below summarizes how different types of chemicals are regulated under Taiwan OSHA.

New Substance
  • New substance notification (Article 13) ;
  • Who: domestic manufacturer, importer.
Controlled Chemicals
  • Prohibition from handling or use (Article 14);
  • Who: manufacturer, importer, supplier, employer.
Priority Management Chemicals
  • Reporting handling information (Article 14).
  • Who: manufacturer, importer, supplier, employer.
All Hazardous Chemicals with Physical and Health Hazards(*)
  • Classification, labelling and SDSs according to GHS (Article 10);
  • Who: manufacturer, importer, supplier, employer.

*This requirement applies from Jan 2016. More information about GHS implementation in Taiwan can be found here.

New Substance Notification under Taiwan OSHA

Both OSHA and Toxic Chemical Substance Control Act (TCSCA) require a new substance to be notified prior to its production and importation. While the type of new substance notification is the same and required data is similar, there are many differences between notifying a new substance under OSHA and notifying a new substance under TCSCA. The table below summarizes the main differences between OSHA and TCSCA when it comes to new substance notification.

Items OSHA TCSCA
Registration Target
  • OSHA: New substances;
  • TCSCA: New substances and existing substances;
Type of Notification
  • OSHA: Standard registration, simplified registration and small quantity Registration;
  • TCSCA: Same as OSHA with one additional type: Phase I registration of existing substances.
Standard Registration - Hazard Data
  • OSHA: Same as TCSCA's requirement except no need of eco-toxicology data;
  • TCSCA: Extra requirement on eco-toxicology data and PBT/vPvB assessment;
Chemical Risk Assessment
  • OSHA: Required for >=1t/y CMR substances and >=10t/y regular new substances;
  • TCSCA: Required for >=1t/y CMR substances and >=1000t/y regular substances.
Transitional Measures
  • OSHA: New substances manufactured or imported into Taiwan prior to 11 Dec 2014 need to go through small quantity registration process; certificate valid for 1 year only.
  • TCSCA: Substances M/I prior to 11 Dec 2014 are eligible for inclusion in existing substance inventory without notification.
Registration Platform

The Ministry of Labor is discussing with EPA to form a single window for companies to submit new substance registrations in Taiwan. However, data and dossiers submitted need to meet the requirements of both Ministries.

More info about new substance notification under TCSCA.

Controlled Chemicals

Controlled chemicals designated by the Ministry of Labor are prohibited from handling or use unless a permit has been obtained. The latest list of controlled includes 19 chemicals such as Polychlorinated biphenyls(PCBs) and 4-nitrobiphenyl.

Click here to download the complete list in Chinese.

Priority Management Chemicals

Under OSHA, priority management chemicals are subject to mandatory reporting. Manufacturers, importers, suppliers, or employers shall report relevant handling information (substance identity, quantity, use, SDSs, worker exposure scenarios, etc.) to authority.

Priority management chemicals consists of 3 parts:

  • 14 Chemicals listed in table 1 that may pose danger to pregnant female workers (for example, aniline); or
  • Chemicals that are classified as CMR category 1 based on CNS 15030 and designated by authority; or
  • Chemicals that have a physical or health hazard, and their maximum handling quantity reaches the thresholds stipulated by the central competent authority;

What is New?

On 13 April 2015, the Ministry of Labor has published the first list of 580 priority management chemical substances for public consultations. The list is expected to enter into force on 31 May 2015. To download the list (bilingual version), please click here.

 

Interpretation
Among the published 580 substances, 123 substances are CMR category 1 substances and 457 substances have physical or health hazards. CMR category 1 substances require reporting (no small quantity exemption). The other 457 substances only require reporting if they have reached certain thresholds.

Click here to download the thresholds for chemicals with different hazards and guidance on reporting.

How to Comply with OSHA?

You shall check if you handle any new substances/priority management chemicals first and notify/report them if there are any. You shall also apply for permit for controlled chemicals if they are necessary to your business. In addition to that, you shall fulfill your hazard communication obligations related to chemicals.

Reference & Resources

Click here to access all references and resources for Taiwan including the English translation of regulations, regulatory lists and useful links to the websites of competent authorities.

 

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