Law Summary
Definitions of Key Terms
- Chemical Control Order (CCO): Regulations on priority chemicals that are restricted, phased-out or banned.
- Chemical and Chemical Substance: Organic or inorganic substances excluding radioactive materials.
- Confidential Business Information (CBI): Trade secrets that are not generally known and have commercial value.
- Container: Any vessel containing hazardous chemicals.
- GHS: A system for standardized classification and labeling addressing health, physical, and environmental hazards.
- Hazard: Dangerous inherent characteristics of chemicals in workplace/environment.
- Label: Written/graphic info affixed to hazardous product containers or packaging.
- Mixture: Solution made of two or more chemicals without reactive interaction.
- Priority Chemical List (PCL): Chemicals posing significant risks to health, workplace, and environment.
- Safety Data Sheet (SDS): Document detailing physical, ecological, health, safety, and toxicological info.
- Toxic chemicals: Substances harmful to health or environment short or long term.
- Worker: Any person exposed to industrial toxic chemicals in their work.
Scope and Coverage
- Applies to all toxic chemical substances and mixtures manufactured, imported, distributed, used, stored, and transported in the Philippines.
- Includes priority chemical list, chemical control order, high volume toxic chemicals, and dangerous goods under IATA and IMDG.
- Governs classification, labeling, and SDS requirements to protect public health and the environment.
Implementation Timeline
- 2016: Single substances and compounds under CCO and PCL.
- 2017: High volume toxic chemicals.
- 2018: Toxic chemicals under IATA and IMDG lists.
- 2019: Mixtures.
General Procedures and Requirements
- Mandatory preparation and submission of SDS and labels complying with GHS criteria for physical, health, and environmental hazards.
- Submission required when securing permits, accompanied by notarized accountability letter.
- Screening and review of SDS and labels by EMB Chemical Management staff and GHS Review Committee.
- SDS must be accessible at all times; toxic chemicals must be visibly labeled.
- Training on label interpretation and SDS use must be provided by a competent company person.
Specific Labeling Requirements
- Labels must include product identifier, supplier information, chemical identity (IUPAC, CAS), hazard symbols, signal words (Danger/Warning), hazard and precautionary statements.
- Labels vary according to container size; must use standardized GHS pictograms.
- Certain hazard pictograms have precedence rules (e.g., skull and crossbones overrides exclamation mark).
Specific Safety Data Sheet (SDS) Requirements
- Must include 16 sections covering identification, hazards, composition, first aid, firefighting, accidental release, handling/storage, exposure controls, physical/chemical properties, stability/reactivity, toxicology, ecological info, disposal, transport, regulations, and other info.
- Information must be clear, accurate, and updated every 5 years or earlier if changes occur.
- SDS written in English with emergency contacts and manufacturer info.
GHS Review Committee
- Multi-sector body including academia, industry, EMB, and relevant government agencies.
- Responsible for classification review, labeling and SDS evaluation consistent with GHS.
- Headed by EMB Director; Chemical Management Section as secretariat.
Confidentiality of Business Information (CBI)
- CBI limited to chemical names and concentrations in mixtures.
- Protection rules take precedence unless user health/safety is compromised or in emergencies.
Transition Program
- Includes capability building, research, continuing training on GHS, information dissemination, and sector consultation.
Revision of Requirements
- DENR may update and modify procedures and requirements based on global GHS implementation progress.
Monitoring Procedure
- Regular compliance monitoring by EMB with collaboration from GHS Review Committee.
Penalty Clause
- Violations subject to administrative fines under RA 6969 and DAO 29, Series 1992, plus other applicable laws.
Separability Clause
- If any provision is declared invalid, remaining provisions stay in effect.
Effectivity
- The order takes effect 15 days after publication in the Official Gazette or general circulation newspaper and official acknowledgment by the Office of the National Administrative Register.