1. 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
Dr Peter Dawson
Principal Scientist
Environmental Risk Management Authority NZ

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
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”
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)
Ecotoxic
Tracking
Competency

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 – LD50  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

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 www.ermanz.govt.nz