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

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

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

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

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

ExplosivesPesticides Scheduled Toxic Substances TRANSFER PROJECT OVERVIEW Non - Assessed Substances (NOTS) Assessed Substances ,000 Single Chemicals Chemical Mixtures Formulated/ Manufactured Products Generic Notifications Assessed Substances “Small-scale use” (s33) Substances Non-hazardous Substances Licensed Animal Remedies 2000 Dangerous Goods

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 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

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

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

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

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 – LD 50  5mg/kg Combination of the class, subclass and category constitutes a hazard classification eg. 6.1A (very acutely toxic) = GHS acute toxicity Category 1

Physical Hazard Classifications

Biological Hazard Classifications

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

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

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

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

ACUTE TOXICITY - ORAL Symbol Skull and crossbones Hazard CategorySignal WordHazard Statement 3DangerToxic if swallowed (H301) Precautionary Statements PreventionResponseStorageDisposal Do not eat, drink or smoke when using this product. (P270) Wash hands thoroughly after handling. (P264) Keep out of reach of children IF SWALLOWED: Immediately call the POISON CENTRE (0800 POISON) (P301+P310) Rinse mouth (P330) Specific treatment is urgent (see …. …. on this label) (P320) Store locked up. (P405) Dispose of contents/container to... (P501)

Codifying Label Statements

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 Cover 30 “product specific” categories No group standards for Pesticides Veterinary Medicines (other than nutritional products)

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

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

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

Conditions The conditions are set out in 10 parts: 1 Information 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

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 Compliance required with conditions for Labelling, Safety data sheets, Packaging

“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

“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

“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

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