CHEMICAL RISK: NEW OBLIGATIONS FOR PREPARING SAFETY DATA SHEETS
The 31/12/2022 transitional period provided for by EU Reg. 2020/878 for the updating of Safety Data Sheets (MSDS) expired. As of 1 January 2023, in fact, SDS must be drawn up in compliance with the new provisions introduced by the European Regulation:
- if the mixture/substance contains components in the form of nanoforms (introduced by EU Regulation 2018/1881), the SDS must indicate their characteristics and, if registered as hazardous, the handling requirements;
- according to the requirements of Annex VIII of the CLP on poison centers, in the case of hazardous mixtures supplied for industrial use, the UFI (unique formula identifier) must be indicated only in the SDS;
- for certain unpackaged mixtures, the UFI is required to be reported in the SDS;
- where available, the specific concentration limits for each ingredient, the multiplication factors and the acute toxicity estimates, established in accordance with Regulation (EC) No 1272/2008 (CLP), must be indicated in the SDS, as they are relevant information for the safe use of substances and mixtures;
- specific requirements are introduced in the SDS for substances and mixtures with properties that interfere with the endocrine system (endocrine disruptors);
- the specific provisions set out in the sixth and seventh revisions of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) are incorporated into the SDS (sections 9 and 14).
Anyone who uses chemical substances or mixtures in their production cycles must have safety data sheets updated to EU Reg. 2020/878.
Companies must therefore check whether their SDS have already been updated to EU Reg. 2020/878; there was a 2-year transitional period to comply with the regulation and therefore SDS revised during 2021-2022 may be valid.
This important new development concerning SDS gives us the opportunity to provide a brief summary on the subject of safety data sheets.
When are SDS mandatory?
Specifically, it is mandatory to provide an SDS when a substance or mixture:
- is classified as hazardous according to Regulation (EC) No 1272/2008;
- is bioaccumulative and toxic;
- is included in the established list of candidate substances.
Paragraph 3 of Article 31 of the REACH Regulation also specifies that the SDS must be provided upon request whenever a mixture contains at least one substance that presents risks to human health or the environment. The same applies to carcinogenic or toxic substances and to those for which Community legislation sets exposure limits in the workplace.
What information must SDS contain?
There are 16 items of information (points) that an SDS must contain. The first is the identification of the substance and of the company that produced it. Then there are the hazard classification, the composition and the information on the ingredients of the mixture. First-aid measures are also indicated in case of accidental exposure to the chemical substance. In addition, the measures to be taken if a fire involves that specific substance and/or if there is a release or dispersion of the mixture, in order to reduce adverse effects, are also indicated. Information is also provided concerning, among other things:
- handling and storage;
- exposure limits and exposure control measures;
- toxicological and ecological information.
In addition to these points, the SDS also reports considerations on the disposal of the substance, how it must be transported and legislation concerning safety, health and the environment.
For further information and/or clarification on this matter: