GHS Capacity
Building Programme
in ASEAN
1
Presentation Overview
1. ASEAN GHS Capacity Building
Programme
2. Suggestions for Developing Legal
Strategies to Implement the GHS
3. Different National Approaches to GHS
Implementation
2
Why is the GHS Important?
3
Why is
the GHS
Important?
4
ASEAN GHS Capacity
Building Programme
5
ASEAN GHS Project: 2005-2007
• strengthen capacities in ASEAN to implement the GHS by
2008
• 5 pilot countries - Indonesia, Philippines, Thailand,
Cambodia, Laos
• Participation of government, industry, and public interest
and labour organizations key to success
• regional activities involving all ASEAN countries
• supported by Government of Switzerland and European
Union
6
Project Goal in ASEAN
Pilot Countries
To facilitate development of a National GHS
Implementation Strategy in all GHS sectors
through collaboration of government, industry,
and public interest and labour organizations
7
National Project Objectives
• to raise awareness of, and train decision-makers and
relevant experts about GHS
• to initiate action for GHS implementation in all four
sectors affected by GHS (industrial workplaces,
agriculture, transport, consumer products)
• to facilitate drafting and endorsement of national GHSimplementing legislation for all four sectors
8
National Project Objectives cont.
• to facilitate capacity development for GHS
implementation in the private sector
• to facilitate public interest and labour organization
participation in GHS strategy development
and implementation
• to develop and ensure high-level endorsement
of a National GHS Implementation Strategy
9
Regional Activities in ASEAN
• GHS Workshop in ASEAN
• Development of ASEAN Regional GHS Capacity Assessment
• Development of an ASEAN GHS Implementation Strategy
• Regional activities by industry and public interest organizations
• Regional ASEAN GHS Review Workshop – 2007
• build upon existing regional synergies and shared needs in
ASEAN
10
Developing Legal Strategies
for Implementing
the GHS
11
Legal Review for GHS Implementation
1. Situation Analysis – overview of regulatory
framework
2. Gap Analysis – compares GHS requirements
against situation analysis and identifies
legislative implications
3. Implementation Strategy – actions required for
regulatory framework to support GHS
implementation
12
Overview of Proposed Approach
LEGAL SITUATION
ANALYSIS
LEGAL GAP
ANALYSIS
LEGAL
IMPLEMENTATION
STRATEGY
Establishes overview of
regulatory framework and
identifies key legal issues as
a basis
Compares GHS requirements
against baseline information in
situation analysis and identifies
legislative implications of GHS
implemention
Sets out actions that must be taken
to ensure regulatory framework
supports GHS implementation
13
Legal Situation Analysis
• Provides stakeholders with a coherent
overview of chemicals legislation
• Informs other parts of national situation
analysis
• Base-line for assessing GHS requirements
• Context for policy decisions on
implementation
14
Checklist for Legal Situation Analysis
• What health, safety, environment or other legislation applies
and which government departments are responsible?
• What aspects are covered?
• What definitions used?
• Any legislation covering classification, SDS, labelling,
hazard communication (training, for consumers)?
• Conflicts between legislation?
• Coordination between different responsible departments?
• Compliance and enforcement provisions?
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Table – Summary Legal Situation Analysis
(Example)
Instru Dept
ment
Sector
Life
cycle
Classifi Labell SDS
cation ing
Info C&E
Comments
/ gaps
Pesticid
es Act
Agric
Agric,
consumer
s
Produc
tion,
use
Yes,
based on
FAO
guidance
Yes,
based
on FAO
guidanc
e
No
No
Partially
No penalty for
labelling
omissions for
consumers
Health
and
safety
Act
Labour Industrial, All
transport
No
Yes
Yes,
based
on
ANSI
Z129.1
Yes,
for
work
ers
Yes
No SDS reqs
for agric
sector. Info
reqs not apply
to consumers
etc
16
Situation Analysis - Issues
Analysis of issues as they relate to GHS:
• Hazard Classification (e.g. comprehensiveness and
consistency of definitions and classification)
• Hazard Communication (e.g. use of SDS, labelling, hazard
communication)
• Training and Awareness (e.g. extent of regulatory framework)
• Implementation issues (e.g. overlaps, institutional
coordination, compliance and enforcement)
• General (e.g. life cycle covered, right of access to
information, protection of CBI)
17
Gap Analysis
• Compares GHS requirements with existing
legislative ones
• Identifies GHS requirements not provided in national
regulatory system
• Identifies conflicts between GHS and national
requirements
• Determines potential implications of GHS
implementation
18
Summary Gap Analysis
Table (detailed) setting out for each piece of
legislation (e.g. Act or Standard):
• GHS provisions, mandatory or optional,
issues to consider
• Compliance of legislation
• Practices in the absence of legislation
• Gaps
• Comments / Actions required
19
Gap Analysis - conclusions
• Summary of GHS provisions
• Summary of national provisions
• Identification of gaps and discrepancies
• Identification of implications
20
Options for Development of Legal
Implementation Strategy
Policy options:
• Single consolidated Act
• Amend existing legislation to incorporate GHS elements
• Amend existing legislation to incorporate GHS elements by
reference
• Amend standards with corresponding amendments to
legislation (e.g. for compliance and enforcement)
• Consolidate and amend existing standards with
corresponding amendments to legislation (e.g. for
compliance and enforcement)
21
Factors to Consider: Legal
Implementation Strategy
Institutional Factors e.g.:
• enforcement and compliance capabilities
• remit of departments
• arrangements for institutional cooperation
(N.B. very specific to each country)
22
Summary: Legal Implementation Strategy
Action
Responsibi Timeframe
lity
Budget
Comments /
Constraints
Amdt to H&S Act to
include GHS for industrial
production and chemical
use in all sectors
Labour
$10,000
Incorporation of relevant
GHS elements in consumer
legislation
Health
Amendment of Pesticides
Act to incorporate GHS
labelling
Agriculture
Coord between depts
to ensure consistent
and comprehensive
approach.
Coordinated approach
between departments
for disaster
management.
Institutional
arrangements to avoid
jurisdictional overlap
Amendment of Explosives
Act to reflect GHS
classification criteria
Defence
2006 - 2008
23
Legal Implementation Strategy:
Conclusions
• Options identified
• Institutional factors identified
• Summary of Actions agreed
• Arrangements in place to monitor progress
• Arrangements in place to share experience and
best practice
24
Different National Approaches
to GHS Implementation
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GHS Implementation - Brazil
• National Programme on Chemical Safety includes a
multistakeholder GHS working group
• National GHS Workshop - São Paulo, November 2002
• Brazilian GHS Implementation Preliminary Study developed
by ABIQUIM, GHS Survey conducted, and GHS Website
developed
>http://www.desenvolvimento.gov.br/sitio/secex/negInternaci
onais/claRotSubQuimicas/oquee.php
• Set up of Sub-groups (Glossary, Training, Laboratories,
Legislation, Public Awareness, Terms of Reference of the
WG-GHS Brazil, Project on the Implementation of the GHS)
• Regular meetings and workshops convened
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GHS Implementation - Brazil
Future Activities
• Disseminate GHS information through publication
(leaflets, booklets, folders)
• Legal National Framework Studies related to GHS
• Capacity building development for laboratories staff
• Raise Funds and Resources to Implement the GHS
National Project (National and International donor
institutions)
• National comprehensibility Testing and Training studies
on GHS
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GHS Implementation - Uruguay
• 2003 GHS implementation initiated, 2008 target adopted
• No existing specific legislation, acts or standards that can
easily accommodate GHS (except in transport sector)
• Future activities:
– Establish multistakeholder, multisector GHS committee
to create standard
– Initiate training and awareness raising activities
– Voluntary adoption of GHS
– Evaluation of project
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GHS Implementation - Guyana
• Developed the Pesticides and Toxic
Chemicals Control Act, 2000
• Regulations cover safety at work,
classification, labelling, SDSs and hazard
communication in line with GHS
29
GHS Implementation - Mauritius
• developed single Act in 2004 called The
Dangerous Chemicals Control Act, 2004
• provides for co-ordinated implementation of GHS
requirements by establishment of a Dangerous
Chemicals Council and a Dangerous Chemicals
Board
• GHS requirements for classification, labelling and
hazard communication are set out in schedules to
the Act
30
GHS Implementation – South Africa
• Implementation discussed in tri-partite body (National
Economic, Development and Labour Council, NEDLAC)
involving government, business and labour
• 5 part study on GHS implementation undertaken (with
support from UNITAR)
– Part 1: Situation analysis
– Part 2: Manual to undertake comprehensibility testing
– Part 3: Report on comprehensibility testing in South
Africa
– Part 4: Gap analysis
– Part 5: Implementation strategy
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GHS Implementation - South Africa
• Development of a national standard and guidelines
– national standards and guidelines containing GHS
requirements referenced in relevant legislation
• First draft completed
> www.sabs.co.za
> www.stansa.co.za
> www.nedlac.org.za
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GHS Implementation - New Zealand
• Passed the Hazardous Substances and New Organisms Act in
1996, which commenced in July 2001 once a series of
regulations were passed
• Established a new agency – the Environmental Risk
Management Authority – to administer and implement the Act
• Approach to thresholds and classification is based on the GHS
• The act is implemented through control mechanisms for
different substances takes place through the adoption of codes
of practice and regulations
• Codes of practise for signage, SDSs and labelling are also
based on the GHS
> http://www.hsno.govt.nz/about.shtm
33
GHS Implementation - Australia
• Policy development at the national level, enforcement
by state and territories
• Chemical regulations covered by many departments
• Working to develop a single regulatory framework for
workplace chemicals based on the GHS
• Coordination with New Zealand
• 5 year transition period
34
GHS Implementation - Japan (1)
• 2001: Inter-ministerial Committee established
– MHLW, METI, MoE, MIC, MAFF, MLIT and MHLW
• Translation of GHS into Japanese
• Gap analysis between GHS and current laws
• Ministerial activities for GHS awareness raising and
implementation
• Japanese Industrial Standard for SDS and labelling under
revision to bring in line with GHS
35
GHS Implementation – Japan (2)
• Working to reclassify substances currently classified in
their system to be consistent with GHS classification
• Preparing guidance manual to assist national
classification work
• Development of awareness raising pamphlets
• Industry awareness raising activities
• regional cooperation and training
> www.env.go.jp/chemi/ghs/
36
GHS Implementation - Malaysia
• Seminar on GHS in Kuala Lumpur - 2004
• GHS Technical Committee set-up 2005
• Pamphlet on GHS published in 2005 by DOSH
• Participation in Japan GHS training at beginning, intermediate
and advanced level
• National, Regional and International GHS Workshops
• 2007/8 - New Regulation to be gazetted
• 2008 – “Reach-out programme”- awareness raising
37
GHS Implementation – Singapore (1)
• Many government authorities currently active in the
development of the Singapore Standards that will provide the
basis for the implementation of GHS in Singapore
• Control of chemicals by the government authorities ranges from
Acts and Regulations through to administrative controls. The
Singapore Chemical Industry Council (SCIC) has drafted a list
of laws and regulations that are potentially affected
• SCIC has proposed to the Ministry of Trade and Industry (MTI )
to set up a national GHS Taskforce, comprising members from
the government and industry to address the implementation of
GHS
• MTI has worked internally with the impacted government
authorities on the implementation of GHS
38
GHS Implementation – Singapore (2)
• A policy on classification and labelling of chemicals does
not exist in Singapore. Singapore, being a trading nation,
has allowed the use of classification and labelling systems
from the originating countries or for the export country.
• The affected ministries and statutory agencies have not
indicated a policy change is required.
• SCIC has been organizing GHS capacity building and
awareness programmes since 2003. The SCIC has also
been actively engaging the relevant statutory agencies in
discussions pertaining to the GHS implementation plan for
Singapore.
39
GHS Implementation – Canada (1)
• 2003 situation analysis comparing existing
classification and hazard communication with GHS
• October 2003: “Implementing the GHS in Canada”
national workshop
• GHS General Issues Committee and sectoral working
groups
– Consumer Chemicals
– Pest Control Products
– Workplace Hazardous Materials Information
System (WHMIS)
– Transportation of Dangerous Goods
40
GHS Implementation – Canada (2)
• Key sectors:
Health Canada
- Consumer Chemical Products
- Pest Control Products
- Workplace Chemicals (WHMIS)
Transport Canada
- Transport of Dangerous Goods
• Remaining activities:
– 2006: Economic Analysis
– 2007: Drafting Regulations and Regulatory Process
– 2008: GHS Implementation
> www.healthcanada.ch/ghs
41
GHS Implementation - USA
• implementation not nationally coordinated, involves
Department of Transportation (DOT), Occupational Health
and Safety Administration (OSHA), Environmental
Protection Agency (EPA) and Consumer Product Safety
Commission (CPSC)
• OSHA (workplace) conducted situation analysis comparing
its Hazard Communication Standard to GHS and amending
existing standard
> www.osha.gov/SLTC/hazardcommunications/global.html
• EPA (pesticides) “White Paper” and comparison of current
pesticide labelling policies with GHS and developing new
regulations to apply GHS
> www.epa.gov/oppfead1/cb/csb_page/updates/ghslabels.htm
42
GHS Implementation - USA
• DOT (transport) aligning with new UNRTDG
(orange book) by 2007
• CPSC (consumer products) will need to amend
existing laws; early stages of analysis
• Requests and efforts to coordinate implementation
by trade and industry groups
43
GHS Implementation - Mexico
• Has approved the actions needed to establish the GHS
• for the chemical industry including:
- Review of current regulations
- Identification of the changes needed to implement GHS
(Transportation and Labor Ministries)
• During 2003 development of Standards and regulations
related to the GHS included in the annual standardization
programs
• GHS regulations will be implemented as soon as other key
economies implement the system
44
GHS Implementation – EU (1)
• EU legislation will cover 25 countries + Switzerland, Norway
and others
• Intended to be implemented as a self-standing regulation
• New REACH regulatory framework does not include
classification and labelling
• Situation and gap analysis completed 2004
• Analysis of the impact of the adoption of the GHS completed
45
GHS Implementation – EU (2)
• Assessment on possible effects on downstream legislation
completed
• Transition period needed
• Responsibilities within the Commission are in DG ENTERPRISE
and ENVIRONMENT with support of the JOINT RESEARCH
CENTRE; and DG Transport for transport issues
• Intended to be implemented as a self standing regulation
• Will enter into force at the same time as REACH
> europa.eu.int/comm/enterprise/reach/ghs_en.htm
46
EU Workplan
• Drafting legal “body text“ by end 2005
• Drafting technical Annexes by end 2005
• Meeting with key stakeholders (MS, industry etc) 18 November
2005 in Arona, Italy
• Public internet consultation approx. 2.Q. 2006
• Commission formal proposal approx. end 2006
• Co-decision process (Commission, Council, Parliament)
• Entry into force 2007/8
47
Asia
•
•
•
•
•
•
•
China – active: 2007?
Taiwan – 2008?
Philippines – 2008?
Taiwan – 2008?
Thailand – 2008?
Indonesia – 2008?
ASEAN Region well supported (EU and Swiss
financing) and in good shape
• ASEAN Env. meeting: Indonesia, May 2006
48
49
Resources for GHS Capacity Building
• UNITAR/ILO Guidance Document “Developing a
National GHS Implementation Strategy” (Aug. 2005)
• Other resources
– Guidance Manual for Comprehensibility Testing
– GHS Capacity Building Library (online and CD
ROM)
– Regional Workshop Reports
– WSSD GHS Partnership Annual Reports
– Other Guidance currently under development (e.g.
legal guidance; involvement of public interest and
labour organizations)
50
GHS Document and
Supplementary Guidance
1. GHS Document (the “Purple Book”)
2. Guidance for Developing Safety Data
Sheets (SDS)
3. Supplementary Guidance for Labeling
51
Other International Issues
• Importance of country feedback to UN SCEGHS
• Alignment of other existing frameworks (e.g. FAO Code of
Conduct, WHO classification)
• Global GHS Workshop
> www.unitar.org/cwg/tw/tw9.html
• WSSD Global GHS Partnership
– Events website
– Roster of GHS experts
> www.unitar.org/cwg/ghs_partnership/index.htm
52
Contact Information
Training and Capacity Building Programmes
in Chemicals and Waste Management
UNITAR
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax:
Email:
Website:
+ 41 22 917 8047
gpghs@unitar.org
www.unitar.org/cwm
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