Taiwan Taiwan revises “Regulations Governing Designating and Handling of Priority Management Chemicals”

On November 5, 2021, Ministry of Labor of Taiwan revised “Regulations Governing Designating and Handling of Priority Management Chemicals”. Except for the provisions of Articles 6 to 9, the revised Regulations shall come into effect on the date of promulgation. Articles 6 to 9 of the revised Regulations shall come into effect on April 1, 2022. In accordance with the provisions of “Occupational Safety and Health Act”, those who handle chemical substances that fall under the category of “priority management chemicals” are required to submit a notification to the Ministry of Labor. The main revisions are as follows.

Classification of “priority management chemicals”

Article 2, which stipulates the classification of “priority management chemicals” to be notified, was revised as follows (underlined parts are revised).

Revised law Old law
1. Hazardous chemicals as defined in subparagraph 3, Paragraph 1, Article 29 and subparagraph 5, Paragraph 1, Article 30, as specified in Appendix 1. (“1.” remains unchanged).

2. Chemicals classified according to the National Standards (CNS) 15030, containing any of the followings and are designated and published by the central competent authority.

1)      Carcinogenic substances, germ cell mutagenic substances, and reproductive toxic substances.

2)      Category 1Respiratory sensitizer.

3)      Category 1 Serious eye damage/eye irritation substance.

4)      Category 1 Specific target organ/systemic toxicant (repeated exposure).

3. Chemicals classified according to the National Standards (CNS) 15030, possessing physical hazards or health hazards and are designated and published by the central competent authority.

4. Others designated and published by the central competent authority.

1. Hazardous chemicals as defined in subparagraph 3, Paragraph 1, Article 29 and subparagraph 5, Paragraph 1, Article 30, as specified in Appendix 1.

2. Chemicals classified according to the National Standards (CNS) 15030 and containing any of the followings:

1)      Chemicals classified as Category 1 Carcinogen, Category 1 Mutagen or Category 1 Reproductive Toxicant, and designated and published by the central competent authority.

2)      Chemicals possessing physical hazards or health hazards, with the maximum aggregated handling quantities reaching the thresholds as specified in Appendix 2 and are designated and published by the central competent authority.

3. Others designated and published by the central competent authority.

 

Provisions on “priority management chemicals” to be notified

The article stipulating priority management chemicals for which notification is required was revised as follows (Article 6).

  • In the case of handling priority management chemicals as specified in Article 2, “1”.
  • When handling priority management chemicals specified in “2.” of Article 2, and the concentration and the total annual handling quantities of any of the handling activities reaches the thresholds as specified in Appendix 2 (see below).
  • When handling priority management chemicals specified in Article 2 “3.” and the maximum aggregated handling quantities reaches the thresholds as specified in Appendix 3.

The term “handling activities” refers to the act of manufacturing, importing or supplying chemicals, or having workers treat or use them.

In accordance with the provisions of Article 6 above, the following “Appendix 2” was added. The concentrations and total annual handling quantities specified in the Appendix are shown in the table below.

Health Hazard Classification Concentration (weight percent) Total annual quantities of any of the handling activities
Category 1 Carcinogen ≥1%
Category 1 Germ cell mutagenic substance ≥1%
Category 1 Reproductive toxicant ≥1%
Category 2 Carcinogenic substance ≥1% 1 ton
Category 2 Germ cell mutagenic substance ≥1% 1 ton
Category 2 Reproductive toxicant ≥1% 1 ton
Category 1 Respiratory organ sensitizer ≥1% 1 ton
Category 1Serious eye damage/eye irritant ≥1% 1 ton
Category 1 Specific target organ/systemic toxicant (repeated exposure) ≥1% 1 ton

Before the revision, the threshold for “Category 2 Carcinogen” to ” Category 1 specific target organ/systemic toxic substance (repeated exposure) ” was 50 tons, so the revision raises the notification requirements.

Addition of Provisions Concerning Notification

A provision was added to require reporting and notification if the fact of handling priority management chemicals at a handling site occurs after the prescribed deadline in accordance with the regulations within 30 days of the occurrence of the fact (Article 9).

(Reference information regarding application scope)
According to Article 4 of the Regulation, “finished goods” are not subject to the Measures.

 

The original text of the above amendment can be found at the following URL (in traditional Chinese)
https://gazette2.nat.gov.tw/EG_FileManager/eguploadpub/eg027210/ch08/type1/gov82/num46/Eg.htm