Forum IV Room Document – Thought Starter on Possible Plenary Recommendations on the GHS 1. The GHS The UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS) is an important new tool that countries can draw upon to develop national chemical hazard communication systems by providing a basis for the establishment of comprehensive chemical safety programs. It represents an important step in harmonizing national chemical hazard communication systems worldwide and has a great potential to improve chemical safety across all relevant sectors. The GHS is a consistent and coherent approach to identifying the hazards of chemicals, and providing information on these hazards and associated protective measures to users or those who may be exposed. The system is structured so that appropriate elements for classification and communication, which consider the target population, can be selected. Those who then use chemicals can take the proper steps to protect themselves and the environment. Target populations include employers, workers, including those involved in transport, consumers, and emergency responders. Others who provide services to these people will also find the information useful (e.g. doctors, nurses, safety engineers and occupational hygienists). The GHS includes harmonized criteria for the definition of physical hazards (such as flammability), health hazards (such as carcinogenicity) and environmental hazards. These internationally developed criteria are used to evaluate the hazards of both substances and mixtures. The GHS covers all hazardous chemical substances, dilute solutions and mixtures and addresses how labels and safety data sheets should be used to convey information about their hazards, and how to protect people from these effects. It also provides a basis for safety training and health promotion. The System is expected to: enhance the protection of people and the environment by providing an internationally comprehensive system for chemical hazard communication; provide a recognised framework for those countries without an existing system; reduce the need for duplicative testing and evaluation of chemicals; and facilitate international trade in chemicals whose hazards have been properly assessed and identified on an international basis. 2. International Policy Background After more than a decade of work, the UN Economic and Social Council approved the GHS for worldwide implementation in July 2003. Related international policy recommendations have also been established. At Forum III, it was recommended that “all countries, subject to their capacities and capabilities, should take account of the development of the GHS in any proposed changes to 1 existing systems for classification and labelling, and in the implementation and enforcement of their chemicals legislation”. IFCS also recommended that guidance and other tools necessary for the implementation of the GHS be made available by 2003 and that all countries should implement the GHS as soon as possible with a view to have the system fully operational by 2008.1 In Section 23.c of the WSSD Plan of Implementation, as adopted by Heads of State at the World Summit for Sustainable Development (WSSD) held in Johannesburg, South Africa in September 2002, countries were encouraged to “implement the new globally harmonized system for the classification and labelling of chemicals as soon as possible with a view to having the system fully operational by 2008”. Furthermore, states and other actors were called upon to “support developing countries in strengthening their capacity for the sound management of chemicals and hazardous wastes by providing technical and financial assistance”. Draft actions for Forum IV are found in Annex 1. 3. Implementation Issues Responsibilities in the supply and use chain Producers, exporters, importers distributors employers and users may all have different responsibilities with respect to the implementation and application of the GHS. Depending on a particular country’s requirements, the obligation to classify, label and provide safety data sheets for substances and mixtures (chemicals) could primarily rest with the producer. The exporter of a chemical could then be responsible for ensuring that labels and safety data sheets are shipped with the chemical and that the recipient, normally an importer in another country, gets the appropriate information. The importer’s responsibilities could include that all requirements concerning classification, labelling and safety data sheets in the importing country are respected when the chemical is supplied further. It may be particularly important that the national language is used on the label and in safety data sheets. Countries may also have specific or supplementary hazard communication requirements, which would need to be respected. Similarly, the distributor may need to take care that all information follows the chemicals to the final user. If the chemical is used at a workplace, the employer could have the responsibility to appropriately classify, label and submit t safety data sheets for chemicals used at the work place. This may provide the opportunity for the employer to select less dangerous chemicals for use. The employer may be required to provide appropriate training to workers on hazards of chemicals and on safe working methods. Safety data sheets could also be made available to workers at the workplace. Workers could then follow the instructions provided for safe use of chemicals. If the employer himself is responsible for production of chemicals, or if chemicals 1 2 The Forum III recommendations are attached as Annex 2. are formed during processes, he could be required to classify the hazards, and provide information on hazards as necessary. If the final user of the chemical is a consumer, information provided on the label and instructions for use should be considered. Special awareness and training campaigns organised by authorities, institutes and industry to train consumers to understand the message of labels would be useful. Data for classification purposes A prerequisite of the application of the GHS is the availability of the necessary information to classify chemical substances and mixtures appropriately. Data on physico-chemical, toxicicological and ecotoxicological effects have mostly been generated for chemical substances but seldom for mixtures. Data are available on substances on the basis of tests and studies carried out by scientific research and published in scientific literature. Information and data on effects of chemical substances are available in multiple sources. Some available data have been gathered in books, internet databases and CD-Roms by national and international institutions and industry. A list of internet databases, CD-Roms, textbooks and other data sources which could be used when a substance or a mixture need to be classified in accordance with the GHS would be useful. As noted in the annex to IFCS/FORUM-IV/09w, there still are many gaps in the data needed to classify chemicals. Classification and labelling Classification and labelling of chemicals will be based on the information available from different information sources. Data generated or collected will then be compared with the classification criteria in the GHS and based on the classification, appropriate label information for the chemical can be selected. Mixtures will generally be classified on the basis of classification or data on substances and their concentrations as data on mixtures themselves is often lacking. This implies application of the detailed criteria in the GHS. Application of criteria sometimes needs expert judgement when existing hazard data are compared with the criteria. In some cases, the GHS allows competent authorities to choose between options for the way the GHS will be applied within a country or a region. Due to the different conclusions on the basis of expert judgement for certain end points, differences in hazard data that are available and the different options for competent authorities, the classification and label for a substance or mixture may differ between different producers. The UN Sub-Committee of Experts on the Transport of Dangerous Goods has developed a list of hazardous substances with harmonized classification and labelling requirements. GHS has no list of harmonized classification and labelling of hazardous substances, but this fact does not preclude the possibility that countries, regions or the industry could establish lists of hazardous substances with harmonized classification and labelling requirements. The GHS is a tool that countries can draw upon to develop national chemical hazard communication systems. This requires raising awareness of consumers, professional users, and professionals involved in transport and emergencies or chemical accidents and regulatory authorities. The concepts of hazards and risks of chemicals should be explained and how information is communicated via the elements of the GHS label and safety data sheet. 3 Safe use of chemicals The first step in safe management and handling of chemicals is to understand the hazards that are involved in the use of the chemical and how the risks may materialise during the use and the life cycle of the chemical. Precautionary statements on the GHS label provide useful instructions for safe use of chemicals. Safety data sheets for professional uses describe more in detail precautionary measures that are needed e.g. in the transport, use and disposal of chemicals. The employer has to take into account the advice provided by the safety data sheet when working conditions are considered and arranged so that the risk cause by chemicals can be reduced to an acceptable level. Normally advice is given in the safety data sheet for technical risk reduction measures (e.g. closed systems, different ventilation solutions, personal protective equipment). Exposure levels at the work place should be assessed by the employer by measurements or otherwise. The safety data sheet provides basic information when declaring hazardous ingredients that should be considered, and providing information on occupational exposure limits (national or existing elsewhere) for these ingredients. Safety data sheets will also contain information on possible restrictions that are applied to the use of the chemical. International instruments for risk management In addition to the GHS, several additional tools exist to manage the risks of chemicals safely during the whole life cycle of a chemical. GHS provides information in the identity of the chemical, its intrinsic hazards. With this information, advice can be given for risk management measures. The risk management tools available on the international level depend on the magnitude and type of risk, and non-acceptance of the risk in certain cases. Normally risk is managed by applying careful use instructions, technical measures or personal protective equipment. Sometimes these measures are not sufficient for adequate control of risk (risk is not acceptable) and more severe measures like bans and restriction may be needed. The international instruments may be implemented in different ways varying from voluntary agreements between producing and using industry to national legislative acts and international law involving different administrative actions (authorization, notification, ordinary enforcement, etc.). The following are examples of risk management tools available to be implemented: 4 provisions for safe use of chemicals: o ILO Convention No. 170 concerning Safety in the use of Chemicals at Work o ILO Recommendation No 177 concerning Safety in the use of Chemicals at Work o ILO Code of Practice on Safety in the Use of Chemicals at Work o ILO Convention No. 174 concerning Prevention of Major Industrial Accidents o UNECE Convention on Transboundry Effects on Industrial Accidents Mechanisms to address banned or restricted chemicals: o Stockholm Convention on Persistent Organic Pollutants o Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade o Montreal Protocol on Substances that Deplete the Ozone Layer transport: o UN Recommendations on the Transport of Dangerous Goods o International Maritime Dangerous Goods Code (IMDG) o European Agreement on International Carriage of Dangerous Goods by Road (ADR) o European Agreement on International Carriage of Dangerous Goods by Inland Waterways (ADN) o Regulations concerning the International Carriage of Dangerous Goods by rail (RID) o Technical Instructions for the safe Transport of dangerous goods by Air (ISAO) waste management o Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal Chemicals management often needs organisational measures at the government or institutional levels. It is important that countries establish poison information centres and clinics for diagnoses of occupational diseases so that poisonings and diseases caused by chemicals are recognised and recorded, and that the patients get appropriate medical treatment. Implementation of the GHS may require strengthening, updating or establishing appropriate national legislation compatible with other international instruments such as the ILO Chemicals Convention 170, Rotterdam Convention and Stockholm Convention. Developing countries and countries with economies in transition, while benefiting from these developments, are likely to face particular challenges in implementing this new global standard. Global implementation of the non-binding GHS will be undertaken through a strategic yet flexible approach in countries, through collaboration between government and other interested and affected parties. A list with the status of GHS implementation in countries and regions would allow monitoring of progress and may facilitate contact between responsible officials to share experiences and lessons learned in the work. At the request of ECOSOC (Resolution 2003/64 of July 2003) the secretariat of the UN Sub-Committee of Experts for the Globally Harmonized System of Classification and Labelling of Chemicals (UN SCE GHS) will prepare a report on the status of implementation of the GHS in countries and regions which will monitor progress. 4. Existing Capacity Building Initiatives In response to growing requests from countries for GHS capacity building, UNITAR and ILO initiated in 2001 the UNITAR/ILO GHS Training and Capacity Building Programme. The Programme aims at assisting countries to build capacities for the implementation of the GHS through national, sub-regional and regional activities, in accordance with their own capacities and capabilities and through collaboration between various government bodies as well as parties outside of government. 5 In April 2002, UNITAR and ILO, in collaboration with OECD, initiated the WSSD Global Partnership for Capacity Building to Implement the GHS. The main goal of the WSSD GHS Partnership is to mobilize resources and implement a number of specific support activities to strengthen capacities at all levels and sectors – in particular in developing and transition countries – towards implementing the GHS for industrial chemicals, agricultural chemicals, chemicals in transport and consumer chemicals.2 2 6 Further information about both of these initiatives can be obtained from UNITAR (<www.unitar.org/cwm>). Annex 1: Draft Wording of a Possible GHS Action Plan for Forum IV Emphasizing the important contribution of the GHS to promote sustainable economic development and protect human health and the environment from dangerous chemicals in all countries; Appreciating the work of the IOMC and the UN SCEGHS in developing and adopting the GHS as an international instrument; Reaffirming the WSSD recommendation that all countries are encouraged to implement the GHS as soon as possible with a view to have the system fully operational by 2008; Noting Resolution 2003/64 of July 2003 of the UN Economic and Social Council (Annex 3); Aware of and supporting the WSSD Global Partnership for Capacity Building to Implement the GHS launched in 2002; Appreciating the activities of the UNITAR/ILO GHS Training and Capacity Building Programme, such as implementation of collaborative pilot projects in Zambia, South Africa, Senegal and Sri Lanka; Emphazing that GHS implementation has become one of the top priorities for capacity building in developing countries and countries in transition; and Noting with concern that current financial and technical resources to support GHS capacity building are not adequate; Forum IV: Endorses the framework work-plan of the UNITAR/ILO/OECD initiated WSSD GHS Capacity Building Partnership (see Annex 4), adopted at the first meeting of Partners on 10 July 2003, and agrees on the following specific targets for the following activities: two pilot projects for National GHS Action Plan Development per IFCS region completed and evaluated by the end of 2006. GHS capacity building guidance and training package prepared and pilot tested, and these outcomes endorsed by the UN SCEGHS, by the end of 2004 two regional GHS workshops held and implementation strategies prepared by the end of 2005, taking into consideration regional economic integration arrangements. Invites UNITAR/ILO, as the focal point for capacity building in the UN SCEGHS, in collaboration with the Sub-committee to develop a roster of GHS experts who could provide support on training and capacity building activities on the application of GHS classification, labelling, and safety data sheets by the end of 2004. 7 Requests the ILO to complete the “chemical control tool kit” using GHS classification criteria to support legislation and implementation in the area of occupational safety and health for hazardous chemicals by the end of 2006. Encourages international organizations, national governments and other stakeholders to identify, as appropriate, within the SAICM process, synergies between the GHS process and relevant international conventions and programmes and report the findings to the UN SCEGHS; Invites countries and regional economic organizations to make available via the internet or other appropriate media non-confidential information on quality-controlled data relevant for classification and labelling by the end of 2005 and requests the GHS Partnership to establish a web node link to these relevant websites. Calls upon countries, donor organizations, and stakeholder groups, in particular industry, to make available adequate financial and technical resources to support national and regional GHS capacity building projects in developing countries and countries with economies in transition. Invites the Forum Standing Committee of the IFCS to bring the FORUM IV GHS Action Plan to the attention of the SCE GHS for monitoring purposes, and to submit a progress report to IFCS FORUM V. 8 Annex 2: Recommendations on the GHS from Forum III In its Priorities for Action beyond 2000, Forum III made four GHS-related recommendations: The Globally Harmonized System (GHS) for the Classification and Labelling of Chemicals should be agreed to by the Inter-Organization Programme for the Sound Management of Chemicals coordinating group for the harmonization of chemical classification systems and fully adopted by the Economic and Social Council of the United Nations prior to Forum IV. Guidance and other tools necessary for the implementation of the GHS should be made available to interested parties prior to Forum IV. All countries are encouraged to implement the GHS as soon as possible with a view to have the system fully operational by 2008. All countries, subject to their capacities and capabilities, should take account of the development of the GHS in any proposed changes to existing systems for classification and labelling, and in the implementation and enforcement of their chemicals legislation. 9 Annex 3: Excerpt from the Draft ECOSOC Resolution Related to the Globally Harmonized System of Classification and Labelling of Chemicals 2003/64 Work of the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals The Economic and Social Council, Recalling its resolutions 1999/65 of 26 October 1999, 2001/34 of 26 July 2001 and 2001/44 of 20 December 2001, Having considered the report of the Secretary-General on the work of the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals3 during the biennium 2001-2002, A Work of the Committee regarding the transport of dangerous goods Recognizing the importance of the work of the Committee for the harmonization of codes and regulations relating to the transport of dangerous goods, Bearing in mind the need to maintain safety standards at all times and to facilitate trade, as well as the importance of this to the various organizations responsible for modal regulations, while meeting the growing concern for the protection of life, property and the environment through the safe transport of dangerous goods, including their security in transport, Noting the increasing volume of dangerous goods being introduced into worldwide commerce and the rapid expansion of technology and innovation, 1. Expresses its appreciation for the work of the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals with respect to matters relating to the transport of dangerous goods, including their security in transport; 2. Requests the Secretary-General: (a) To circulate the new and amended recommendations4 on the transport of dangerous goods to the Governments of Member States, the specialized agencies, the International Atomic Energy Agency and other international organizations concerned; (b) To publish the thirteenth revised edition of the Recommendations on the Transport of Dangerous Goods: Model Regulations5 and the fourth revised edition of the Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria6 in all the official languages of the United Nations, in the most cost-effective manner, not later than the end of 2003; 3 E/2003/46. ST/SG/AC.10/29/Add.1 and 2. 5 ST/SG/AC.10/Rev.13. 6 ST/SG/AC.10/Rev. 4. 4 10 (c) To make these publications available on the web site of the Economic Commission for Europe, which also provides secretariat services to the Committee, and to make them available also on CD-ROM; 3. Invites all Governments, the specialized agencies, the International Atomic Energy Agency and the other international organizations concerned to transmit to the secretariat of the Committee their views on the Committee’s work, together with any comments that they may wish to make on the amended recommendations; 4. Invites all interested Governments, the regional commissions, the specialized agencies and the international organizations concerned, when developing or updating appropriate codes and regulations, to consider taking into account the recommendations of the Committee; 5. Requests the Secretary-General to submit a report on the status of the effective implementation of the Model Regulations on the Transport of Dangerous Goods by Member States and international organizations on a worldwide level; B Work of the Committee regarding the Globally Harmonized System of Classification and Labelling of Chemicals Bearing in mind that, pursuant to paragraph 19.27 of Agenda 21,7 the InterOrganization Programme for the Sound Management of Chemicals has cooperated for a decade with the International Labour Organization, the Organisation for Economic Cooperation and Development and the Subcommittee of Experts on the Transport of Dangerous Goods to develop a globally harmonized hazard classification and compatible labelling system for chemicals, Bearing in mind also that the Subcommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals was created pursuant to resolution 1999/65 to make the Globally Harmonized System available worldwide, to keep it up-to-date and to promote and monitor its implementation, Noting with satisfaction that the Committee could reach consensus on the Globally Harmonized System after consideration of a draft consolidated by the InterOrganization Programme for the Sound Management of Chemicals on the basis of input from the Subcommittee of Experts on the Transport of Dangerous Goods, the International Labour Organization and the Organisation for Economic Cooperation and Development, Aware that the World Summit on Sustainable Development at its 2002 session in Johannesburg, in paragraph 23 (c) of its Plan of Implementation,8 encouraged countries to implement the Globally Harmonized System as soon as possible with a view to having the system fully operational by 2008, Also aware that the General Assembly, by its resolution 57/253 of 20 December 2002, endorsed the Johannesburg Plan of Implementation and requested the Economic and 7 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions adopted by the Conference, resolution 1, annex II. 8 Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August – 4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap. I, resolution 2, annex. 11 Social Council to implement the provisions of the Plan relevant to its mandate and, in particular, to promote the implementation of Agenda 21 by strengthening system-wide coordination, Further aware of and recognizing the significance of the United Nations Institute for Training and Research/International Labour Organization/Organisation for Economic Cooperation and Development Global Partnership for Capacity-Building to Implement the Globally Harmonized System for building capacities at all levels to achieve the 2008 target, 1. Expresses its deep appreciation to the Committee and other organizations concerned for their fruitful cooperation; 2. Requests the Secretary-General: (a) To publish the Globally Harmonized System of Classification and Labelling of Chemicals in all the official languages of the United Nations, in the most cost-effective manner and to circulate it to the Governments of Member States, the specialized agencies and other international organizations concerned as soon as possible and no later than 2004; (b) To consider disseminating the Globally Harmonized System as a CD-ROM; (c) To make the Globally Harmonized System available on the web site of the secretariat of the Economic Commission for Europe, which also provides secretariat services to the Committee; 3. Invites all Governments to take the necessary steps, through appropriate national procedures and/or legislation, to implement the Globally Harmonized System as soon as possible and no later than 2008; 4. Reiterates the call for support to developing countries in strengthening their capacity for sound management of chemicals by providing technical and financial assistance; 5. Invites the regional commissions, United Nations programmes, the specialized agencies and other organizations concerned to promote the implementation of the Globally Harmonized System and, where relevant, to amend their respective legal international instruments addressing transport safety, work safety, consumer protection or the protection of the environment so as to give effect to the Globally Harmonized System through such instruments; 6. Invites Governments, the regional commissions, United Nations programmes, the specialized agencies and other organizations concerned to provide feedback to the Subcommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals; 7. Requests the Secretary-General to submit a report on the status of implementation of the Globally Harmonized System; 8. Encourages Governments, regional commissions, United Nations programmes, specialized agencies and other relevant international organizations and nongovernmental organizations, in particular industry, to support implementation of the Globally Harmonized System and capacity-building activities in developing countries and countries in transition by providing financial contributions and/or technical assistance; 12 C Programme of work of the Committee Taking note of the programme of work of the Committee for the biennium 20032004 as contained in paragraphs 29 to 31 of the report of the Secretary-General,1 Noting the relatively poor representation of experts from developing countries with economies in transition in the work of the Committee and the need to ensure their wider participation in its work, 1. Decides to approve the programme of work of the Committee; 2. Stresses the importance of the participation of experts from developing countries as well as countries with economies in transition in the work of the Committee, calls, in this regard, for voluntary contributions to facilitate their participation, including through support for travel and daily subsistence allowance, and invites Member States and international organizations in a position to do so to contribute; 3. Notes the recommendations of the Committee regarding staff resources,9 and invites the General Assembly to consider this issue in the context of its review of the proposed programme budget for the biennium 2004-2005: 4. Requests the Secretary-General to submit a report to the Economic and Social Council in 2005 on the implementation of the present resolution. 49th plenary meeting 25 July 2003 9 As contained in E/2003/46, para. 33: see also A/54/443/Add.1, para.7. 13 Annex 4: Framework Workplan of the WSSD Global Partnership for Capacity Building to Implement the GHS To be made available at Forum IV. 14