South Korea’s Ministry of Labor publishes hazards and risks of 71 new chemical substances pursuant to OSHA 
On March 28, 2024, the South Korea’s Ministry of Employment and Labor (MOEL) issued a Notice on the Names, Hazards, Risks, and Annual Manufacture and Import Quantities of New Chemical Substances and Measures to Be Taken (MOEL Notice No. 2024-162). The Ministry stated that it has reviewed the toxicity data of new chemical substances submitted by businesses during the period from January to March 2024, has classified the hazards and risks of new chemical substances, and has formulated precautionary measures to protect workers at workplaces. In South Korea, there are two laws that manufacturers and importers of new chemical substances must comply with: the Act on Registration, Evaluation, etc. of Chemicals (hereinafter “K-REACH”) and the Occupational Safety and Health Act (hereinafter “OSHA”). The notice issued this time was to take measures for new chemical substances used in workplaces based on the OSHA. The major differences between the two laws are as follows.
Differences between K-REACH and OSHA
| Items | K-REACH | OSHA |
|---|---|---|
| Similar laws in other countries | REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) of EU; Act on the Regulation of Manufacture and Evaluation of Chemical Substances of Japan | Industrial Safety and Health Act of Japan |
| Main objectives | To designate hazardous chemical substances and register information on their hazards | To manage workplaces that handle chemical substances to protect workers |
| Main regulations | Evaluates the hazardous properties of manufactured or imported chemical substances and requires business operators to register or declare the chemical substances they intend to manufacture or import. As of April 2024, existing chemical substances manufactured or imported in quantities of 1 ton or more per year or new chemical substances of 0.1 ton or more are subject to registration. |
Classifies chemical substances manufactured or imported for use in workplaces and sets standards for safe use of them in workplaces. Those who intend to manufacture or import chemical substances must submit a Hazard and Risk Investigation Report to the competent authority no later than 30 days prior to the date of manufacture or import (or 14 days prior to the same date if the quantity manufactured or imported is less than 1 ton). |
| Target entities | Business operators that manufacture, import, or sell chemical substances or products containing chemical substances. | Business operators that handle chemical substances regulated by OSHA and operate business sites in South Korea. |
| Target products and industries | Electrical and electronic products, molded products, raw materials and chemical products, automobiles, etc. | All businesses that have business sites in South Korea for electrical and electronic products, molded products, raw materials and chemical products, automobiles, etc. |
In the notice mentioned above, the hazards, risks, annual manufacture and import quantities, and precautionary measures for workers were reported for a total of 71 chemical substances. According to the notice, 27 out of these substances have been identified to show toxicity, carcinogenicity, and/or other hazards. Some notable examples are shown below.
| Chemical substances whose toxicity was confirmed | Precautionary measures |
|---|---|
| CAS No. 69029-45-4 |
|
| CAS No. 69029-67-0
Flue dust, lead refining |
|
MOEL said that it intends to conduct training for workers in the workplace and to request business operators to ensure the use of protective equipment and to install ventilation equipment.
The latest OSHA can be viewed at the following website (in Korean).
https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=253643&efYd=20230808&ancYnChk=0#0000
The Notice on the Names, Hazards, Risks, and Annual Manufacture and Import Quantities of New Chemical Substances and Measures to Be Taken (MOEL Notice No. 2024-162) can be downloaded from the following website (in Korean).
https://www.moel.go.kr/news/notice/noticeView.do?bbs_seq=20240301749
