GHS Capacity Building Programme in ASEAN

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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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National Project Objectives cont.

• 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

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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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Overview of Proposed Approach
Establishes overview of regulatory framework and
identifies key legal issues as a basis
LEGAL SITUATION ANALYSIS
Compares GHS requirements against baseline
information in situation analysis and identifies
legislative implications of GHS implemention
LEGAL GAP ANALYSIS
Sets out actions that must be taken to ensure
regulatory framework supports GHS implementation
LEGAL IMPLEMENTATION STRATEGY
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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 CE 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 HS 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 Coord between depts to ensure consistent and comprehensive approach. Coordinated approach between departments for disaster management. Institutional arrangements to avoid jurisdictional overlap
Amendment of Pesticides Act to incorporate GHS labelling Agriculture Coord between depts to ensure consistent and comprehensive approach. Coordinated approach between departments for disaster management. Institutional arrangements to avoid jurisdictional overlap
Amendment of Explosives Act to reflect GHS classification criteria Defence Coord between depts to ensure consistent and comprehensive approach. Coordinated approach between departments for disaster management. Institutional arrangements to avoid jurisdictional overlap
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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 gthttp//www.desenvolvimento.
  gov.br/sitio/secex/negInternacionais/claRotSubQuim
  icas/oquee.php
• Set up of Sub-groups (Glossary, Training,
  Laboratories, Legislation, Public Awareness,
  Terms of Reference of the WG-GHS Brazil, Project
  on the Implementation of the GHS)
• Regular 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
• gt www.sabs.co.za
• gt www.stansa.co.za
• gt 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
• gt 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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GHS Implementation Japan (2)

• 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
• gt www.env.go.jp/chemi/ghs/

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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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GHS Implementation Canada (2)

• 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
• gt www.healthcanada.ch/ghs

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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
• gt 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
• gt www.epa.gov/oppfead1/cb/csb_page/updates/ghs-l
  abels.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
• gt europa.eu.int/comm/enterprise/reach/g
  hs_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
• gt www.unitar.org/cwg/tw/tw9.html
• WSSD Global GHS Partnership
• Events website
• Roster of GHS experts
• gt 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 [phone]Email gpghs_at_unitar.org
• Website www.unitar.org/cwm