Korea's MoEL Waves Reporting Obligation for Nonhazardous Substances in CBI Application Under K-OSHA

On 18 August 2022 Korea's Ministry of Employment and Labor (MoEL) announced MoEL Ministerial Decree No. 363, which updated the Enforcement Rule of Occupational Safety and Health Law (K-OSHA) (산업안전보건법 시행규칙). This amendment entered into force immediately and is effective for those who have already applied for CBI claims and were under approval review even before this amendment entered into force.

3E Review

MoEL Ministerial Decree No. 363 updates the document requirements for the confidential business information (CBI) nondisclosure application under K-OSHA. Currently, anyone who intends to gain approval for their CBI claims on material safety data sheets (MSDS) pursuant to K-OSHA Article 112(1) is required to submit a Form 63 application to the Korea Occupational Safety and Health Agency (KOSHA). Before this amendment, Form 63, Section 5 stipulated that 100% disclosure of ingredients was required, including nonhazardous substances (which means not classified by the GHS), if their concentration was 1% or more.

With the MoEL Ministerial Decree No. 363, nonhazardous substances no longer need to be disclosed in Form 63. However, in order to opt-out from including nonhazardous substances in Form 63, Section 5, companies must provide supporting documents, including the Letter of Confirmation (LoC) by overseas manufacturers for imported products. The LoC certifies that the products do not contain any hazardous substances hidden from MSDSs, which means all nondisclosed substances from MSDSs are not hazardous (substances that do not fall under GHS classification).

3E Analysis

Under K-OSHA, Article 112, anyone who claims CBI on MSDSs may submit substitute data upon approval from the MoEL. However, hazardous chemical substances that may cause serious health hazards to workers (i.e., prohibited substances; substances requiring permission; hazardous substances subject to management; harmful factors subject to measurement in the work environment; hazardous factors subject to a special health examination; and substances having a physical, health, or environmental hazard under K-REACH) are not eligible for CBI claims.

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