10 FAQs are selected to address some problems in submitting MSDS in South Korea, and 5 FAQs on the application for CBI protection. New FAQs will be updated on this website. Please stay tuned.

According to the revised Occupational Safety and Health Act, MSDS submission and CBI non-disclosure approval in South Korea through the IT system is mandatory before manufacturing or import of chemicals since January 16, 2021. The detailed requirements are stipulated in the revised Standards for Classification and Labeling of Chemical Substances and Material Safety Data Sheet (MOEL Public Notice 2020-130).

However, during the implementation in practice, a lot of problems were encountered. South Korea’s Ministry of Employment and Labor thus initiated a nationwide campaign on MSDS self-check on April 8, 2022 (news). A self-checklist was distributed to Korean manufacturers and importers to fulfill the MSDS self-inspection. The Basin/Regional Departments of Employment and Labor will conduct spot checks from July 2022 on unit compliance and rectify uncovered issues.

To address the problems, REACH24H held two webinars themed on Korea GHS compliance strategy in June and July:

[Resource Available] Spotlight on Korea GHS Regulatory Compliance Strategy

• Webinar I: Overview and Key Compliance Points
• Webinar II: MSDS Submission and CBI Non-Disclosure Application

Below are some of the FAQs collected in these two webinars to facilitate your understanding of the compliance with the MSDS obligations set forth by K-OSHA.

10 FAQs on MSDS Submission

1. a) For an ingredient that is subject to indicating exposure limit in MSDS Section 8, or is controlled under the Chemical Control Act(CCA) and subject to disclosure in MSDS Section 15, shall such information be indicated in MSDS Section 3 as well even if the concentration of an ingredient is below the concentration limit? b) If the concentration of the ingredient exceeds the concentration limit but is below the regulation information in MSDS Section 15?

🅰: For question a), the answer is no. For question b), the relevant regulatory information must be disclosed in the MSDS Section 15.

2. For the MSDS authorized before 2021, if the chemical information in Section 3 has been kept confidential without applying for CBI non-disclosure, and now the MSDS needs to be updated due to the change of hazard classification, what shall I do?

🅰: According to Supplementary Article 2 of the MoEL Notification 2020-130, the renewal of the MSDS has been granted with grace period (1~5 years). You can apply for the CBI non-disclosure within the applicable grace period, and then update the MSDS and submit it to the MoEL.

3. Do I need to indicate the MSDS number on the label? What ingredient information needs to be indicated on the label?

🅰: There is no need to indicate the MSDS number on the label. South Korea has not yet made a requirement for the ingredient information on the label. However, manufacturers/importers are suggested to make the ingredient information indicated on the label the same as that stated on the MSDS, that is, to disclose the information on the hazardous substances exceeding the concentration limit, and provide the chemical name, ID number, and content/concentration range.

4. What are the requirements for the emergency response telephone number in South Korea?

🅰: According to the Appendix 4 of the MoEL Notification 2020-130, for the importation of chemicals, the emergency response telephone number provided shall be the telephone number in South Korea. An official from the MoEL shared with ChemLinked that:

• The importer’s telephone number shall be provided as the emergency response telephone number if the MSDS is submitted by an importer in South Korea;
• The OR’s telephone number shall be provided as the emergency response telephone number if the overseas supplier appoints an OR in South Korea to submit the MSDS.

5. Can the column of Supplier Information be filled in with information of the overseas suppliers or the companies that prepare the MSDS?

🅰: According to Appendix 4 of the MoEL Notification 2020-130, the column of Supplier Information be filled in with information about manufacturers, importers, distributors, companies that prepare the MSDS, etc., however, the information on importers in South Korea is required for the importation of chemicals. An official from the MoEL shared with ChemLinked that:

• The importer’s information shall be indicated on the MSDS if the MSDS is submitted by an importer in South Korea;
• The OR’s information shall be indicated on the MSDS if the overseas supplier appoints an OR in South Korea to submit the MSDS.

In short, providing the information of the importers or the ORs in South Korea is mandatory. As for the information of the overseas suppliers or the companies that prepare the MSDS, it’s not mandatory.

6. Are products without hazard classification not required to provide MSDS?

🅰: It depends. For substances without GHS classification but subject to MSDS, such as substances categorized as physical or biological factors, are still required for MSDS preparation and submission.

7. Will the overseas supplier be punished if the importation of hazardous chemicals into South Korea has been conducted without MSDS submission neither by the overseas supplier nor by the importer in South Korea?

🅰: Read More

8. If the concentration of a substance which is categorized as a hazardous factor, is below the concentration limit and its information is not disclosed in the MSDS Section 3, do I need to provide the Letter of Confirmation (LoC)?

🅰: Read More

9. a) Can the LoC under K-REACH be used for the MSDS submission? b) How should the ingredient information be provided for the LoC under KOSHA?

🅰: Read More

10. What products can be exempted from MSDS submission?

🅰: Read More

Reprinted from: ChemLinked

Reference Links

• 5 FAQs on CBI Non-disclosure Application under Korea OSHA
• South Korea Initiates MSDS Self-check Campaign, Followed by Official Inspection

Contact Us

If you have any questions about Korean MSDS Submission & CBI Application Service, please feel free to contact us.

Tel: +86 (0)571-87007555

Email: customer@reach24h.com