At present Malaysia hasn’t any legislation specifically mandating sound management of chemicals throughout their lifecycle in a holistic and integrated manner. The government is uncertain about how many kinds of chemicals are used in a wide range of consumer products and a large percentage of existing chemicals haven’t been assessed. In the Eleventh Malaysia National Plan (2016~2020), 6 strategies are proposed to integrate and strengthen chemical management framework in Malaysia including establishing the national inventory of existing chemicals and carrying out risk assessment of chemicals of prioritized concerns.
At present, stakeholders should be aware of their obligations under the following chemical regulations:
- Occupational Safety and Health (Classification, Labelling and Safety Data Sheets of Hazardous Chemicals) Regulations 2013 (CLASS Regulations)
The CLASS Regulations was enacted in 2013 under the Occupational Safety and Health Act 1994 (Act 514) and has been fully enforced since mid-2015 by Department of Occupational Safety and Health (DOSH). Its main objective is to ensure suppliers of hazardous chemicals provide sufficient information on hazards of chemicals that they supply, so as to mitigate the risk of accidents in workplaces.
The responsibilities of suppliers as stated in the CLASS Regulation include the classification, labelling, compilation of safety data sheet, packaging and chemicals inventory information submission. In the regulations, suppliers are defined as persons who supply hazardous chemicals, and include principal suppliers (that is, suppliers who formulate, manufacture, import, recycle or reformulate hazardous chemical chemicals) and subsidiary suppliers (that is, suppliers who repack, distribute or retail hazardous chemicals). As an essential supporting document of the CLASS Regulations, Industry Code of Practice on Chemicals Classification and Hazard Communication 2014 provides detailed technical instructions.
- Environmentally Hazardous Substance Notification and Registration Scheme (“EHSNR”)
EHSNR has been implemented under the Environmental Quality Act since 2008 and under the jurisdiction of Department of Environment (DOE). The scheme is designed to gather necessary information on chemicals for the government to establish sound management system.
Environmentally Hazardous Substance is defined as “a substance that is assigned a hazard category under the GHS classification scheme or is present on an existing internationally agreed list of prescribed substances”. In DOE’s official guidance for the industry, an implementation timeline has been set as follows:
- 2013 ~ 2014: Aquatic toxicity chronic; “suspected or known human carcinogens, reproductive toxicants or mutagens”; more than 100 MT
- 2015 ~ 2016: 10 MT to 100 MT.
- 2017 ~ 2018: Above 1 MT
Currently, EHSNR remains voluntary.
- Malaysia’s long expected national GHS reference document, the Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013 (also known as the Class Regulation),...
- Malaysia has joined the OECD system for the Mutual Acceptance of Data (MAD) for assessing chemicals and chemical products. The move will ensure all non-clinical safety data related to the protection of the environment and human health will now be accepted by...