KOSHA: Major revision of the MSDS regulation effective from 2021 Jan 16

The “Occupational Safety and Health Act” was revised on January 15, 2019 and came into effect from January 16, 2020. In relation to this Act, the “Material Safety Data Sheet” (MSDS) was recently revised and will be effective from January 16, 2021. Summary of the revised MSDS regulation in Korea:

• The definition of MSDS preparation and submitter is changed to a person who manufactures or imports (revised) chemical substances, etc. (Initially it was a person who transfers or provides chemical substances)
• Health functional foods and hygiene products have been added to the exclusion of MSDS preparation and submission.
• For R&D chemical substances, MSDS must be prepared, but submission obligations are exempt.
• If MSDSs are not submitted, a penalty of 5 million won (KRW) or less will be applicable.
• Previously it was possible for companies to hide name and content of the ingredients to secure the trade secret and recipes of the products. However as per the revised laws, an approval from Minister of Employment and Labor is required.
• Research and development (R&D) chemicals are subject to closed review, but the review process is simplified
• As per the revised regulation an administrative fine of not more than 5 million won (KRW) will be imposed on those who write alternative data without the approval of the Minister of Employment and Labor and those who do not provide the alternative name and content information despite the request for non-public information.
• If a chemical substance is likely to cause serious health hazards to workers then its information shall be submitted and notified to the Minister of Employment and Labor after deliberation by the Workers' Compensation Committee''

Korea MSDS – Comparison with the previous version

Submission of information, etc. by a person appointed by a foreign manufacturer (Article 113 of the Industrial Safety Act)

※ Additional data need to be submitted: proof of appointment (dismissal), such as proof of appointment requirements and a copy of the appointment contract

Special cases (grace period) for preparing and submitting MSDS

ㅇ Persons who have created or modified the existing MSDS according to the previous legislation at the time of enforcement date (January 16, 2021) (limited to those who manufactured or imported the target chemical substance among those who transferred or provided the target chemical substance) MSDS and data on the name and content of chemical substances must be submitted by the date determined by Ordinance of the Ministry of Labor.

※ The ‘Days determined by Ordinance of the Ministry of Employment and Labor’ in Article 8 of the Supplementary Regulations of the Industrial Safety Act No.

Last update: 12/11/2020