Update: Public comment period extended till 24 October 2024.

On 26 July 2024, the Peruvian Ministry of the Environment has announced the publication of the draft Regulation of Legislative Decree 1570, which enacts the Comprehensive Chemical Management Law and its annex.

Key Points

The regulation sets out the obligations, powers, and responsibilities of public entities and users of chemicals for their comprehensive management. The primary objective is to protect public health and the environment by implementing measures and mechanisms to reduce the risks associated with the comprehensive management of chemicals throughout their life cycle.

The draft regulation includes:

• Obligations of Public Entities: Defines the roles and responsibilities of government bodies in overseeing and enforcing chemical management practices.

• User Responsibilities: Outlines the duties of individuals and organizations that use chemicals to ensure compliance with safety standards.

• Risk Reduction Measures: Specifies the necessary steps to mitigate potential hazards associated with the handling, use, and disposal of chemicals.

Public Consultation

The draft regulation is available for public review on the Ministry of the Environment’s digital platform (www.gob.pe/1024-consultas-publicas-de-proyectos-normativos-minam). Interested parties are invited to submit their opinions and suggestions within ten (10) business days from the day following the publication of this Ministerial Resolution in the official newspaper, El Peruano.

The proposed regulation is important for enhancing the safety and sustainability of chemical management. By establishing clear guidelines and responsibilities, it aims to minimize the risks to human health and the environment, thus ensuring a safer future for all.

In an effort to protect the health of workers and update regulations in line with scientific and technological advances, the Peruvian Ministry of Health (MINSA) has announced a proposed revision of Annexes I, II, and III of the Regulation on Permissible Limit Values for Chemical Agents in the Work Environment, approved by Supreme Decree No. 015-2005-SA. The revision (Ministerial Resolution No. 454-2024-MINSA) is open for public comment for 15 days from 4 July 2024.

Background and Considerations

The proposal is based on File No. 2024-0103450, which includes reports from the Directorate General of Strategic Interventions in Public Health and the General Office of Legal Advice of MINSA. The initiative complies with several legal and regulatory frameworks, including the Political Constitution of Peru, ILO Convention No. 139 on Occupational Cancer and Andean Decision 584.

These frameworks require the State to regulate and protect the health of workers, particularly from chemical substances and carcinogenic agents, and to ensure a safe working environment.

Proposed Revision

Supreme Decree No. 015-2005-SA requires that the permissible limits be updated every two years to include new substances based on scientific progress. The Directorate General of Strategic Interventions in Public Health, through the Occupational Health and Disability Unit, has requested the publication of these updated projects in order to gather feedback from both public and private entities as well as the general public.

Publication and Consultation Procedure

The proposal will be published for fifteen calendar days in the Official Gazette El Peruano and the relevant electronic portals, allowing interested parties to comment on the proposed measures. This procedure is in accordance with the Regulation for the Publication and Dissemination of General Legal Norms, approved by Supreme Decree No. 001-2009-JUS.

Importance of the Update

Updating the permissible limit values for chemical agents is essential to reduce exposure risks and protect workers' health. This effort not only meets the legal and constitutional obligations, but also reinforces the Peruvian State's commitment to promoting a safe and healthy working environment.

Comments received during the consultation period will be evaluated for the final implementation of the updated values, ensuring that the regulations reflect the current needs and realities of the working environment.