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Implementation of GHS in New Zealand - approach and practical lessons learned GHS Conference for ASEAN Jakarta, Indone

Implementation of GHS in New Zealand - approach and practical lessons learned GHS Conference for ASEAN Jakarta, Indonesia 9-11 May 2007. Dr Peter Dawson Principal Scientist Environmental Risk Management Authority New Zealand. OUTLINE. Implementation of the GHS in New Zealand

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Implementation of GHS in New Zealand - approach and practical lessons learned GHS Conference for ASEAN Jakarta, Indone

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  1. Implementation of GHS in New Zealand - approach and practical lessons learnedGHS Conference for ASEANJakarta, Indonesia 9-11 May 2007 Dr Peter Dawson Principal Scientist Environmental Risk Management Authority New Zealand

  2. OUTLINE • Implementation of the GHS in New Zealand • HSNO Act and Regulations • Hazard classification • Hazard communication • Group Standards

  3. HSNO Act • All hazardous substances in all sectors (except transport) regulated in NZ by • Hazardous Substances & New Organisms Act 1996 • Transport regulations based on UNRTDG, IMDG, ICAO • Law commenced 2 July 2001 for haz subs • Adopts GHS classification framework • Transitional Arrangements in place until transfer of existing substances completed (July 2006) • Existing regulations under Explosives Act, Dangerous Goods Act, Toxic Substances Act, Pesticides Act retained

  4. Legislation Replaced • The HSNO Act repeals and replaces • Dangerous Goods Act 1974 • Toxic Substances Act 1979 • Explosives Act 1957 • Pesticides Act 1979 • Plus amendments to other legislation

  5. Agencies Replaced • Toxic Substances Board - Ministry of Health • Pesticides Board - Ministry of Agriculture • Dangerous Goods Inspectorate - Department of Labour • ExplosivesInspectorate - Department of Labour Replaced largely by ERMA New Zealand

  6. Assessed Substances “Small-scale use” (s33) Substances Single Chemicals Formulated/ Manufactured Products Non-hazardous Substances Chemical Mixtures Generic Notifications Dangerous Goods 600 Explosives Pesticides 400 1500 Scheduled Toxic Substances Licensed Animal Remedies Assessed Substances 2000 400 4900 TRANSFER PROJECT OVERVIEW Non - Assessed Substances (NOTS) 210,000

  7. Existing substances – transfer project • Substances transferred to date • Explosives - August 2003 • Dangerous Goods, Scheduled Toxic Substances - April 2004 • Pesticides - July 2004 • Vertebrate poisons (except 1080) - Nov 2004 • Fumigants - November 2004 • Storage & Disposal of Persistent Organic Pollutants – Dec 2004 • Timber Preservatives, Antisapstains and Antifouling Paints – Jan 2005 • 1080 - July 2005 • Veterinary Medicines – July 2005 • Pesticides & Veterinary Medicine Actives – June 2006 • Remainder of chemicals (around 5,000) – July 2006 • Industrial/commercial/domestic products (around 100,000 by 200 Group Standards) – July 2006

  8. HSNO Regulatory “Toolbox” HSNO Act & Regulations Hazardous substances Threshold • Classification • Explosive • Flammable • Oxidising • Corrosive • Toxic • Ecotoxic Required information (Haz. Subst.) Enforcement officer, test certifier competencies Property performance requirements Lifecycle performance requirements Small scale exempt Laboratories Explosive Packaging Fireworks for public sale Flammable Identification Oxidising Disposal Compressed gas containers Emergency preparedness Toxic incl bio corrosives Bulk containers (fixed and moveable) Tracking Ecotoxic Competency

  9. Regulations • Minimum Degrees of Hazard Regulations 2001 • Classification Regulations 2001 • Class 1 to 5 Controls Regulations 2001 • Class 6, 8 & 9 Controls Regulations 2001 • Packaging Regulations 2001 • Identification Regulations 2001 • Emergency Management Regulations 2001 • Disposal Regulations 2001 • Tracking Regulations 2001 • Personnel Qualifications Regulations 2001

  10. Hazard Classification under HSNO Hazardous Substances (Classification) Regulations 2001 • Covers the six GHS hazardous properties • All hazards currently classified (for the most part) as per GHS in May 2001 • some discrepancies with final version - aerosols • But NZ classifications have some additions to GHS • Ecotoxicity (class 9) includes soil, terrestrial vertebrate and invertebrate ecotoxicity - based largely on US EPA criteria • Guidance on classification – data requirements, mixture rules, etc, given in ERMA User Guide to HSNO Thresholds and Classifications

  11. Features of NZ Classification Regulations • Creates a classification coding system based on UNRTDG numbering: • Hazardous property - Class eg. Class 6 - toxicity • Subclass number eg. 6.1 – acute toxicity • Hazard category eg. A – LD50 5mg/kg • Combination of the class, subclass and category constitutes a hazard classification eg. 6.1A (very acutely toxic) = GHS acute toxicity Category 1

  12. Physical Hazard Classifications

  13. Biological Hazard Classifications

  14. Classification of Chemicals • Hazard classification data on chemicals, mixtures, kept on internal database at ERMA New Zealand • 12,000 chemicals listed • 4400 chemicals fully classified against GHS endpoints at present • Further 7600 chemicals partially or not classified • Eventually will make publicly available - assist industry to prepare applications, choose less hazardous components for formulations, self-classify products under Group Standards

  15. GHS – issues with implementation • HSNO classification, labelling and SDS regulations based on GHS • Issues: • Classification of mixtures with lack of data available on components • Lack of data available consistent with HSNO/GHS endpoints, particularly ecotoxic data • Interpreting hazardous/non-hazardous thresholds for mixtures with chronic toxic components • Applying/adapting GHS hazard based labelling to risk based situations

  16. Hazard Communication: Target audience needs • Factors considered: - Potential use of products; • Availability of information other than label; • Availability of specific training. • Needs: • Workplace: labels, SDS, specific training; • Emergency responders: labels, specific training; • Transport: labels, transport documents, specific training • Consumers: labels

  17. GHS Label Elements • Pictograms • Signal words – Danger, Warning • Hazard statements – Toxic if swallowed • Precautionary statements – Wear protective gloves • Statements can be codified like R and S phrases

  18. Codifying Label Statements

  19. Group Standards • Type of approval for hazardous substances under HSNO Act • Group of hazardous substances of a similar nature, type or having similar circumstances of use • 200 group standards issued http://www.ermanz.govt.nz/hs/groupstandards/gslist.pdf • Cover 30 “product specific” categories • No group standards for • Pesticides • Veterinary Medicines (other than nutritional products)

  20. Group Standards • Risk and hazard based rather than solely hazard based. • Risks will be managed by a single set of conditions • Conditions relate to both regulatory requirements (e.g. labels and packaging) and obligations (eg notification) and restrictions (eg use) • Controls more direct, prescriptive eg mandates GHS label elements – guide developed using proposed GHS codification system for identifying hazard and precautionary statements required

  21. Group Standards Group Standards include: • Paints • Adhesives and resins • Inks • Dyes and pigments • Lubricants • Polymers • Industrial cleaners • Flavours and Fragrances • Aerosols • Cosmetics • Domestic products

  22. Conditions • A Group Standard applies conditions to the substance • Based on HSNO Regulations, but some differences • More user friendly language • Prescriptive but allow for alternative methods of compliance

  23. Conditions The conditions are set out in 10 parts: 1Information requirements (including labelling and safety data sheets) 2 Site and storage 3 Approved handlers and tracking 4 Packaging 5 Equipment 6 Transportation 7 Disposal 8 Exposure limits 9 Notification to the Authority (Inventory of Chemicals) 10 Other matters

  24. Staged Implementation • Referred to within the Group Standard as “Transitional Conditions” • Existing substances (NOTS) only • Approach consistent with that applied to previously transferred substances • 1 July 2008 - Compliance required with conditions for Labelling, Safety data sheets, Packaging

  25. “2010 Condition” • As part of the alternative compliance measures,a “2010 provision” is provided for: • Labelling • Packaging • Child Resistant Packaging • Permanent Identification • Provisions expire 31 December 2010

  26. “2010 Condition” – Why? • Recognises NZ implementation of GHS is “ahead of other countries” • Alignment with international best practice • Removes the need for relabelling • Removes the need for repackaging • Minimises compliance costs • Reflects the submissions received from the consultation

  27. “2010 Condition” – Labelling • Compliance not required with the prescriptive group standard labelling condition if the substance complies with: “the relevant current labelling requirements of Australia, USA, Canada, the European Union or any other country as approved by the Authority, as if the substances were for sale or supply in those countries, and the requirements of subclause (2).” • Condition expires 31 December 2010

  28. Capacity Building Initiatives • Workshops/training programmes for enforcement officers and advisors • Guidance documents, codes of practice developed by ERMA and industry • NZCIC developing electronic compliance tool • Industry associations/regulatory agencies fully engaged, SMEs/workforce level less so • Need for capacity building at worker/public level • Website www.ermanz.govt.nz

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