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GHS Capacity Building Programme

in ASEAN

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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

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Why is the GHS Important?

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Why is the GHS

Important?

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ASEAN GHS Capacity Building Programme

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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

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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

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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 GHS-implementing legislation for all four sectors

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• 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

National Project Objectives cont.

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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

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Developing Legal Strategies for Implementing

the GHS

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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

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LEGAL SITUATION ANALYSIS

LEGAL GAP ANALYSIS

LEGAL IMPLEMENTATION

STRATEGY

Compares GHS requirements against baseline information in situation analysis and identifies legislative implications of GHS

implemention

Establishes overview of regulatory framework and identifies key legal issues

as a basis

Sets out actions that must be taken to ensure regulatory framework supports GHS implementation

Overview of Proposed Approach

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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

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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)

Instrument

Dept Sector Life cycle

Classification

Labelling

SDS Info C&E Comments/ gaps

Pesticides Act

Agric Agric, consumers

Production, use

Yes, based on FAO guidance

Yes, based on FAO guidance

No No Partially No penalty for labelling omissions for consumers

Health and safety Act

Labour Industrial, transport

All No Yes Yes, based on ANSI Z129.1

Yes, for workers

Yes No SDS reqs for agric sector. Info reqs not apply to consumers

etc

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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)

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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

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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

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Gap Analysis - conclusions

• Summary of GHS provisions

• Summary of national provisions

• Identification of gaps and discrepancies

• Identification of implications

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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)

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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)

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Summary: Legal Implementation Strategy

Action Responsibility

Timeframe Budget Comments / Constraints

Amdt to H&S Act to include GHS for industrial production and chemical use in all sectors

Labour 2006 - 2008 $10,000 Coord between depts to ensure consistent and comprehensive approach.

Coordinated approach between departments for disaster management.

Institutional arrangements to avoid jurisdictional overlap

Incorporation of relevant GHS elements in consumer legislation

Health

Amendment of Pesticides Act to incorporate GHS labelling

Agriculture

Amendment of Explosives Act to reflect GHS classification criteria

Defence

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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

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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/negInternacionais/claRotSubQuimicas/oquee.php

• Set up of Sub-groups (Glossary, Training, Laboratories, Set up of Sub-groups (Glossary, Training, Laboratories, Legislation, Public Awareness, Terms of Reference of the Legislation, Public Awareness, Terms of Reference of the WG-GHS Brazil, Project on the Implementation of the GHS)WG-GHS Brazil, Project on the Implementation of the GHS)

• Regular meetings and workshops convenedRegular 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

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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

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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

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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

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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

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• 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/

GHS Implementation – Japan (2)

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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

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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

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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.

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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

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• 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

GHS Implementation – Canada (2)

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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/ghs-labels.htm

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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

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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

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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

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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

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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

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Asia

• China – active: 2007?• Taiwan – 2008?• Philippines – 2008?• Taiwan – 2008?• Thailand – ?• Indonesia – 2008?• ASEAN Region well supported (EU and Swiss

financing) and in good shape• ASEAN Env. meeting: Indonesia, May 2006

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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)

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GHS Document and Supplementary Guidance

1. GHS Document (the “Purple Book”)

2. Guidance for Developing Safety Data Sheets (SDS)

3. Supplementary Guidance for Labeling

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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

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Contact Information

Training and Capacity Building Programmes in Chemicals and Waste ManagementUNITARPalais des NationsCH-1211 Geneva 10Switzerland

Fax: + 41 22 917 8047Email:gpghs@unitar.org

Website: www.unitar.org/cwm