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Dr Peter Dawson Principal Scientist Environmental Risk Management Authority NZ Adoption and Implementation of the GHS in New Zealand UNITAR Global Thematic.

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Presentation on theme: "Dr Peter Dawson Principal Scientist Environmental Risk Management Authority NZ Adoption and Implementation of the GHS in New Zealand UNITAR Global Thematic."— Presentation transcript:

1 Dr Peter Dawson Principal Scientist Environmental Risk Management Authority NZ Adoption and Implementation of the GHS in New Zealand UNITAR Global Thematic Workshop on the GHS November 2005 South Africa

2 HSNO Act All hazardous substances regulated in NZ by Hazardous Substances & New Organisms Act 1996 Law commenced 2 July 2001 for haz subs Adopts GHS classification framework APPROVED All hazardous substances must be APPROVED by ERMA - positive approvals process Transitional Arrangements in place until transfer of existing substances completed Existing regulations under Explosives Act, Dangerous Goods Act, Toxic Substances Act, Pesticides Act retained (July 2006)

3 Key aspects of HSNO Environmental and H&S legislation Deals only with Hazardous Substances Substances are single chemicals & mixtures (e.g. formulated products) Hazardous/non-hazardous threshold is the lower boundary of the lowest classification for each GHS hazard class Definition of thresholds of hazard specified in regulation (Minimum Degrees of Hazard Regulations) Cradle to grave approach – sets controls on lifecycle of substances (packaging, labeling, storage, use, disposal, emergency preparedness) Setting of controls based on classifications

4 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)

5 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

6 Hazard Classification Covers the six 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

7 Features of NZ Classification Regulations Created a classification description based on: Class number e.g. Class 6 - toxicity Subclass number e.g. 6.1 – acute toxicity Hazard category e.g. A – LD 50  5mg/kg Combination of the class, subclass and category constitutes a hazard classification - 6.1A

8 Physical Hazard Classifications

9 Biological Hazard Classifications

10 Classification of Chemicals Hazard classification data on chemicals, mixtures, kept on internal database 2500 chemicals fully classified against GHS endpoints at present Further 3500 chemicals partially classified Eventually will make publicly available - assist industry to prepare applications, choose less hazardous components for formulations Looking for synergies with overseas lists eg HSIS in Australia

11 Classifications & controls Classifications are tools to indicate appropriate controls labelling, safety information (GHS aligned) Packaging (UNRTDG), emergency response, disposal, restricted use Each classification triggers a suite of controls Controls are performance based Say what should be achieved, not how to achieve Codes of practice provide means for achieving regulatory requirements

12 HSNO Labelling Requirements Performance based expressed in outcomes GHS label elements represent a means of compliance GHS labelling elements not mandated in HSNO regulations Priority identifiers – pictograms, signal words Secondary identifiers – precautionary statements

13 Codes of Practice Programme Signage (NZCIC) - GHS based - approved September 2004 Management of Agrichemicals – approved Sept 2004 Exempt Laboratories – approved June 2004 SDS (NZCIC)(GHS based – 16 header) – approval December 2005 Labelling (NZCIC & AGCARM) (based on GHS) – approval late 2005?

14 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

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 HSNO Issues Review December 2002 on hazardous substances aspects of HSNO found Innovative approach Reflects international trends Generally supported by industry & govt agencies But identified 5 areas requiring attention Risk versus hazard Cost of approvals Complexity of performance based controls Enforcement/compliance Transfer of existing substances

17 Group Standards New approvals mechanism Groupings based on similar risk, type or circumstances of use, rather than solely hazard Conditions applying to standards 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

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20 Conclusions HSNO adopts GHS classification framework Approx 6000 chemicals classified – lack of applicable data a problem Hazard communication controls allow adoption of GHS but do not mandate it Applying/adapting GHS hazard based labeling to risk based situations an issue Codes of practice for SDS and Labeling based on GHS hazard communication system Further GHS labeling guidance material necessary GHS awareness good at government, industry association, company management level, but more understanding/capacity building needed at worker/public level Full GHS implementation still some years away in NZ

21 ERMA New Zealand Contact details


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