Classification, Labelling and Safety Data Sheet of Hazardous Chemicals Regulations 2013

These regulations may be cited as the Occupational Safety and Health (Classification, Labelling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013.

(1) These Regulations shall apply to chemicals supplied for use at a place of work.

(1)

These Regulations shall apply to chemicals supplied for use at a place of work.

(2) These Regulations shall not apply to—

(2)

These Regulations shall not apply to—

(a) a chemical which is—

(a)

a chemical which is—

(i) a radioactive material as defined under the Atomic Energy Licensing Act 1984 [Act 304];

(i)

a radioactive material as defined under the Atomic Energy Licensing Act 1984 [Act 304];

(ii) scheduled waste as defined under the Environmental Quality (Scheduled Wastes) Regulations 2005 [P.U. (A) 294/2005]; and

(ii)

scheduled waste as defined under the Environmental Quality (Scheduled Wastes) Regulations 2005 [P.U. (A) 294/2005]; and

(iii) a cosmetic or product as defined under the Control of Drugs and Cosmetics Regulations 1984 [P.U. (A) 223/1984];

(iii)

a cosmetic or product as defined under the Control of Drugs and Cosmetics Regulations 1984 [P.U. (A) 223/1984];

(b) a chemical used for scientific research and development, or trial purposes which—

(b)

a chemical used for scientific research and development, or trial purposes which—

(i) is not for sale in the market;

(i)

is not for sale in the market;

(ii) does not exceed five kilograms in capacity; and

(ii)

does not exceed five kilograms in capacity; and

(iii) adequate information on the safe use of the chemical is made available by the supplier;

(iii)

adequate information on the safe use of the chemical is made available by the supplier;

(c) a manufactured item, other than a fluid or particle, which—

(c)

a manufactured item, other than a fluid or particle, which—

(i) forms to a specific shape or design during manufacture;

(i)

forms to a specific shape or design during manufacture;

(ii) has end use function dependent in whole or in part upon its shape or design during end use; and

(ii)

has end use function dependent in whole or in part upon its shape or design during end use; and

(iii) under normal conditions of use, does not release significant quantity of chemical which poses physical hazard or risk to health.

(iii)

under normal conditions of use, does not release significant quantity of chemical which poses physical hazard or risk to health.

(3) Parts II, III, IV and VI shall not apply to—

(3)

Parts II, III, IV and VI shall not apply to—

(a) a chemical which is a pesticide as defined under the Pesticides Act 1974 [Act 149]; and

(a)

a chemical which is a pesticide as defined under the Pesticides Act 1974 [Act 149]; and

(b) a chemical in transit prior to export which is stored at any storage area.

(b)

a chemical in transit prior to export which is stored at any storage area.

In these Regulations—

“chemical” means—

(a) a substance which is a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the element and its compounds, or changing its composition; and

(a)

a substance which is a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the element and its compounds, or changing its composition; and

(b) a chemical mixture which is a mixture or solution composed of two or more substances which do not react,

(b)

a chemical mixture which is a mixture or solution composed of two or more substances which do not react,

for use at a place of work, including an alloy;

“hazardous chemical” means a chemical classified as a hazardous chemical under regulation 4;

“occupational health doctor” means a medical practitioner who is registered with the Director General to conduct medical surveillance programmes of employees;

“Safety Data Sheet” means an updated information sheet required under Part V containing information relevant to hazardous chemicals;

“signal word” means a word used to indicate the relative level of severity of hazards and alert the reader to a potential hazard of a hazardous chemical on a label as follows:

(a) “Warning”, which indicates the less severe hazard categories; and

(a)

“Warning”, which indicates the less severe hazard categories; and

(b) “Danger”, which indicates the more severe hazard categories;

(b)

“Danger”, which indicates the more severe hazard categories;

“hazard category” means the division of criteria within each hazard class specifying hazard severity as specified in the First Schedule;

“hazard class” means the nature of the physical, health or environmental hazard of a hazardous chemical as specified in the First Schedule;

“CAS Registry Numbers” means the Chemical Abstracts Service Registry Numbers;

“supplier” means a person who supplies a hazardous chemical, including a principal supplier and subsidiary supplier;

“subsidiary supplier” means a supplier who repacks, distributes or retails a hazardous chemical;

“principal supplier” means a supplier who formulates, manufactures, imports, recycles or reformulates a hazardous chemical;

“chemical recipient” means a person who receives a hazardous chemical from a supplier;

“product identifier” means the name or number used on a label to provide a unique means by which a hazardous chemical may be identified within a particular setting;

“hazard classification” means the result of classification of a chemical which consists of hazard class and hazard category as specified in the First Schedule;

“hazard identification” means information consisting of hazard classification, signal word, hazard pictogram, hazard statement, precautionary statement and any other hazard which is not the result of classification;

“manufacturer” means a person who manufactures a hazardous chemical for sale or for his own consumption;

“importer” means a person who imports a hazardous chemical for sale or exchange, or for his own consumption, including a trading agent;

“hazard statement” means a statement assigned to a hazard class and hazard category that describes the nature of hazards of a hazardous chemical, including, where appropriate, the degree of hazard as specified in the First Schedule;

“precautionary statement” means a phrase which describes recommended measures to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling of a hazardous chemical, as specified in Part 3 of the Industry Code of Practice;

“hazard pictogram” in relation to the labelling of a hazardous chemical, means a graphical composition conveying specific information on the hazard concerned as specified in the Second Schedule;

“Industry Code of Practice” means the Industry Code of Practice on Chemicals Classification and Hazard Communication approved by the Minister under section 37 of the Act.

(1) Subject to subregulation (2), a principal supplier shall classify a chemical as a hazardous chemical in accordance with the list of classified chemicals specified in Part 1 of the Industry Code of Practice.

(1)

Subject to subregulation (2), a principal supplier shall classify a chemical as a hazardous chemical in accordance with the list of classified chemicals specified in Part 1 of the Industry Code of Practice.

(2) If the chemical to be classified is not listed as a classified chemical in Part 1 of the Industry Code of Practice, the classification of the chemical as a hazardous chemical shall be in accordance with the physical, health and environmental hazard of the chemical as specified in Part 2 of the Industry Code of Practice.

(2)

If the chemical to be classified is not listed as a classified chemical in Part 1 of the Industry Code of Practice, the classification of the chemical as a hazardous chemical shall be in accordance with the physical, health and environmental hazard of the chemical as specified in Part 2 of the Industry Code of Practice.

(3) If the Director General finds that there is inconsistency in the classification of the same chemical, the Director General may determine the classification based on the list of classified chemicals in Part 1 of the Industry Code of Practice and in accordance with the physical, health and environmental hazard of the chemical as specified in Part 2 of the Industry Code of Practice.

(3)

If the Director General finds that there is inconsistency in the classification of the same chemical, the Director General may determine the classification based on the list of classified chemicals in Part 1 of the Industry Code of Practice and in accordance with the physical, health and environmental hazard of the chemical as specified in Part 2 of the Industry Code of Practice.

(4) Upon the determination on the classification of a chemical as a hazardous chemical by the Director General under subregulation (3), the principal supplier shall comply with such determination.

(4)

Upon the determination on the classification of a chemical as a hazardous chemical by the Director General under subregulation (3), the principal supplier shall comply with such determination.

(5) A principal supplier who contravenes subregulation (1), (2) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(5)

A principal supplier who contravenes subregulation (1), (2) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A principal supplier shall record the classification of chemicals as hazardous chemicals made under regulation 4 in such form and manner specified in Part 2 of the Industry Code of Practice.

(1)

A principal supplier shall record the classification of chemicals as hazardous chemicals made under regulation 4 in such form and manner specified in Part 2 of the Industry Code of Practice.

(2) A principal supplier shall make the record of the classification of chemicals as hazardous chemicals under subregulation (1) available for inspection by an officer.

(2)

A principal supplier shall make the record of the classification of chemicals as hazardous chemicals under subregulation (1) available for inspection by an officer.

(3) A principal supplier who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(3)

A principal supplier who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A supplier shall ensure that a hazardous chemical is supplied in a packaging which satisfies the following requirements:

(1)

A supplier shall ensure that a hazardous chemical is supplied in a packaging which satisfies the following requirements:

(a) if the packaging is a container, the container shall be so designed and constructed so as to ensure that the hazardous chemical cannot escape unless a safety device is fitted to the container;

(a)

if the packaging is a container, the container shall be so designed and constructed so as to ensure that the hazardous chemical cannot escape unless a safety device is fitted to the container;

(b) the packaging and its fastening shall be strong and able to retain the hazardous chemical to meet the normal stress and strain handling;

(b)

the packaging and its fastening shall be strong and able to retain the hazardous chemical to meet the normal stress and strain handling;

(c) the materials constituting the packaging and fastening shall not be susceptible to adverse attack by the hazardous chemical or liable to form harmful or dangerous compounds with the hazardous chemical; and

(c)

the materials constituting the packaging and fastening shall not be susceptible to adverse attack by the hazardous chemical or liable to form harmful or dangerous compounds with the hazardous chemical; and

(d) if the packaging is a container fitted with replaceable fastening devices, the fastening devices shall be so designed so as to ensure that the packaging may be repeatedly fastened without the hazardous chemical escaping.

(d)

if the packaging is a container fitted with replaceable fastening devices, the fastening devices shall be so designed so as to ensure that the packaging may be repeatedly fastened without the hazardous chemical escaping.

(2) A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(2)

A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A supplier shall ensure that every packaging of a hazardous chemical is initially closed with a seal in such a way that once the packaging is opened, the seal is broken and cannot be repaired.

(1)

A supplier shall ensure that every packaging of a hazardous chemical is initially closed with a seal in such a way that once the packaging is opened, the seal is broken and cannot be repaired.

(2) A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(2)

A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A supplier shall label every packaging of a hazardous chemical legibly and indelibly containing the following information:

(1)

A supplier shall label every packaging of a hazardous chemical legibly and indelibly containing the following information:

(a) the product identifier;

(a)

the product identifier;

(b) the supplier identification;

(b)

the supplier identification;

(c) the signal word;

(c)

the signal word;

(d) the hazard statement;

(d)

the hazard statement;

(e) the hazard pictogram; and

(e)

the hazard pictogram; and

(f) the precautionary statement.

(f)

the precautionary statement.

(2) Notwithstanding subregulation (1), if the packaging of the hazardous chemical is a container of 125 ml in size and below, the packaging shall be labelled legibly and indelibly containing the following information:

(2)

Notwithstanding subregulation (1), if the packaging of the hazardous chemical is a container of 125 ml in size and below, the packaging shall be labelled legibly and indelibly containing the following information:

(a) the product identifier;

(a)

the product identifier;

(b) the supplier identification;

(b)

the supplier identification;

(c) the signal word;

(c)

the signal word;

(d) the hazard pictogram, if applicable; and

(d)

the hazard pictogram, if applicable; and

(e) a statement which reads “read Safety Data Sheet before use”.

(e)

a statement which reads “read Safety Data Sheet before use”.

(3) The information referred to in subregulations (1) and (2) shall be—

(3)

The information referred to in subregulations (1) and (2) shall be—

(a) in accordance with the hazard pictogram, signal word and hazard statement as specified in the First Schedule;

(a)

in accordance with the hazard pictogram, signal word and hazard statement as specified in the First Schedule;

(b) in accordance with the labeling requirements as specified in Part 3 of the Industry Code of Practice; and

(b)

in accordance with the labeling requirements as specified in Part 3 of the Industry Code of Practice; and

(c) in the national language and English language.

(c)

in the national language and English language.

(4) If the signal word “Danger” is used on a label, the signal word “Warning” shall not be used on the label.

(4)

If the signal word “Danger” is used on a label, the signal word “Warning” shall not be used on the label.

(5) If a hazardous chemical is classified within several hazard classes, all hazard statements resulting from the classification shall be used on the label unless there is evidence of duplication or redundancy.

(5)

If a hazardous chemical is classified within several hazard classes, all hazard statements resulting from the classification shall be used on the label unless there is evidence of duplication or redundancy.

(6) Notwithstanding subregulation (5), the combined hazard statements as specified in the Third Schedule, where applicable, shall be used on the label and not the corresponding individual hazard statement as specified in the First Schedule.

(6)

Notwithstanding subregulation (5), the combined hazard statements as specified in the Third Schedule, where applicable, shall be used on the label and not the corresponding individual hazard statement as specified in the First Schedule.

(7) If there is any change to the classification of the hazardous chemical resulting in a new hazard which is more severe than an existing hazard, the supplier shall ensure that the label is updated within three months from the date of such change taking into account the effect of such change to the protection of human health and environment.

(7)

If there is any change to the classification of the hazardous chemical resulting in a new hazard which is more severe than an existing hazard, the supplier shall ensure that the label is updated within three months from the date of such change taking into account the effect of such change to the protection of human health and environment.

(8) A supplier who contravenes subregulation (1), (2), (3), (4), (5), (6) or (7) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(8)

A supplier who contravenes subregulation (1), (2), (3), (4), (5), (6) or (7) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A hazard pictogram shall—

(1)

A hazard pictogram shall—

(a) consist of a black symbol on a white background and a red border with sufficient width to be clearly visible;

(a)

consist of a black symbol on a white background and a red border with sufficient width to be clearly visible;

(b) be in a diamond shape with the sides tilted at forty-five degrees to the horizontal; and

(b)

be in a diamond shape with the sides tilted at forty-five degrees to the horizontal; and

(c) be in the size of one fifteenth of the surface area of a label but not less than 100 mm².

(c)

be in the size of one fifteenth of the surface area of a label but not less than 100 mm².

(2) A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(2)

A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) If the classification of a chemical as a hazardous chemical causes the use of more than one hazard pictogram on a label, the following rules of precedence shall apply:

(1)

If the classification of a chemical as a hazardous chemical causes the use of more than one hazard pictogram on a label, the following rules of precedence shall apply:

(a) in relation to physical hazards—

(a)

in relation to physical hazards—

(i) if the hazard pictograms of “exploding bomb”, “flame” and “flame over circle” are applicable, the hazard pictogram of “exploding bomb” shall be used and the use of the hazard pictograms of “flame” and “flame over circle” shall be optional, except in cases where the use of more than one of these hazard pictograms are compulsory; and

(i)

if the hazard pictograms of “exploding bomb”, “flame” and “flame over circle” are applicable, the hazard pictogram of “exploding bomb” shall be used and the use of the hazard pictograms of “flame” and “flame over circle” shall be optional, except in cases where the use of more than one of these hazard pictograms are compulsory; and

(ii) if the hazard pictograms of “exploding bomb” and “flame” are applicable for self-reactive chemical type B and organic peroxides type B, the use of both hazard pictograms are compulsory;

(ii)

if the hazard pictograms of “exploding bomb” and “flame” are applicable for self-reactive chemical type B and organic peroxides type B, the use of both hazard pictograms are compulsory;

(b) in relation to health hazards—

(b)

in relation to health hazards—

(i) if the hazard pictograms of “skull and crossbones” and “exclamation mark” are applicable, the hazard pictogram of “skull and crossbones” shall be used;

(i)

if the hazard pictograms of “skull and crossbones” and “exclamation mark” are applicable, the hazard pictogram of “skull and crossbones” shall be used;

(ii) in the case of skin corrosion or irritation and serious eye damage or eye irritation, in which the hazard pictograms of “corrosion” and “exclamation mark” are applicable, the hazard pictogram of “corrosion” shall be used; and

(ii)

in the case of skin corrosion or irritation and serious eye damage or eye irritation, in which the hazard pictograms of “corrosion” and “exclamation mark” are applicable, the hazard pictogram of “corrosion” shall be used; and

(iii) in the case of—

(iii)

in the case of—

(A) respiratory sensitization and skin sensitization;

(A)

respiratory sensitization and skin sensitization;

(B) respiratory sensitization and skin corrosion or irritation category 2;

(B)

respiratory sensitization and skin corrosion or irritation category 2;

(C) respiratory sensitization and serious eye damage or eye irritation category 2; or

(C)

respiratory sensitization and serious eye damage or eye irritation category 2; or

(D) combination of any hazard class referred to in paragraphs (A), (B) and (C),

(D)

combination of any hazard class referred to in paragraphs (A), (B) and (C),

in which the hazard pictograms of “health hazard” and “exclamation mark” are applicable, the hazard pictogram of “health hazard” shall be used.

(2) If the classification of a chemical as a hazardous chemical causes the use of more than one hazard statement on a label, the following rules of precedence shall apply:

(2)

If the classification of a chemical as a hazardous chemical causes the use of more than one hazard statement on a label, the following rules of precedence shall apply:

(a) if the hazard statement “Very toxic to aquatic life with long lasting effects” is used, the hazard statement “Very toxic to aquatic life” shall not be used; and

(a)

if the hazard statement “Very toxic to aquatic life with long lasting effects” is used, the hazard statement “Very toxic to aquatic life” shall not be used; and

(b) if the hazard statement “Causes severe skin burns and eye damage” is used, the hazard statement “Causes serious eye damage” shall not be used.

(b)

if the hazard statement “Causes severe skin burns and eye damage” is used, the hazard statement “Causes serious eye damage” shall not be used.

(3) A supplier who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(3)

A supplier who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) The dimension of a label on every packaging of a hazardous chemical under regulation 8 shall be as specified in the Fourth Schedule.

(1)

The dimension of a label on every packaging of a hazardous chemical under regulation 8 shall be as specified in the Fourth Schedule.

(2) A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(2)

A supplier who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) Subject to subregulations (2) and (3), if a packaging of a hazardous chemical—

(1)

Subject to subregulations (2) and (3), if a packaging of a hazardous chemical—

(a) is a container; or

(a)

is a container; or

(b) contains another container,

(b)

contains another container,

the label shall be firmly affixed to one or more surfaces of the container so that the label can be read horizontally when the container is set down in its normal position.

(2) If the packaging of a hazardous chemical is a container of 125 ml in size and below, the label shall be affixed in such manner deemed reasonable by the supplier.

(2)

If the packaging of a hazardous chemical is a container of 125 ml in size and below, the label shall be affixed in such manner deemed reasonable by the supplier.

(3) If it is not practicable to affix a label to a packaging of a hazardous chemical due to the nature of the container, the packaging shall be tagged with the label.

(3)

If it is not practicable to affix a label to a packaging of a hazardous chemical due to the nature of the container, the packaging shall be tagged with the label.

(4) A supplier who contravenes subregulation (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(4)

A supplier who contravenes subregulation (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A supplier shall furnish a Safety Data Sheet to a chemical recipient for—

(1)

A supplier shall furnish a Safety Data Sheet to a chemical recipient for—

(a) each hazardous chemical supplied; and

(a)

each hazardous chemical supplied; and

(b) any chemical mixture containing hazardous substance at the concentration exceeding the cut-off value of concentration for the relevant hazard class as specified in the Fifth Schedule.

(b)

any chemical mixture containing hazardous substance at the concentration exceeding the cut-off value of concentration for the relevant hazard class as specified in the Fifth Schedule.

(2) A Safety Data Sheet shall contain the information relating to a hazardous chemical supplied and chemical mixture referred to in subregulation (1) according to the following headings and order:

(2)

A Safety Data Sheet shall contain the information relating to a hazardous chemical supplied and chemical mixture referred to in subregulation (1) according to the following headings and order:

(a) identification of the hazardous chemical and of the supplier;

(a)

identification of the hazardous chemical and of the supplier;

(b) hazard identification;

(b)

hazard identification;

(c) composition and information of the ingredients of the hazardous chemical;

(c)

composition and information of the ingredients of the hazardous chemical;

(d) first-aid measures;

(d)

first-aid measures;

(e) fire-fighting measures;

(e)

fire-fighting measures;

(f) accidental release measures;

(f)

accidental release measures;

(g) handling and storage;

(g)

handling and storage;

(h) exposure controls and personal protection;

(h)

exposure controls and personal protection;

(i) physical and chemical properties;

(i)

physical and chemical properties;

(j) stability and reactivity;

(j)

stability and reactivity;

(k) toxicological information;

(k)

toxicological information;

(l) ecological information;

(l)

ecological information;

(m) disposal information;

(m)

disposal information;

(n) transportation information;

(n)

transportation information;

(o) regulatory information; and

(o)

regulatory information; and

(p) other information.

(p)

other information.

(3) The information referred to in subregulation (2) shall be—

(3)

The information referred to in subregulation (2) shall be—

(a) in accordance with the minimum requirement of a Safety Data Sheet as specified in Part 3 of the Industry Code of Practice; and

(a)

in accordance with the minimum requirement of a Safety Data Sheet as specified in Part 3 of the Industry Code of Practice; and

(b) in the national language and English language.

(b)

in the national language and English language.

(4) A supplier shall revise a Safety Data Sheet referred to in subregulation (1) if—

(4)

A supplier shall revise a Safety Data Sheet referred to in subregulation (1) if—

(a) new information on a particular hazardous chemical becomes available;

(a)

new information on a particular hazardous chemical becomes available;

(b) more than five years have elapsed since the last date of preparation or revision of the Safety Data Sheet; or

(b)

more than five years have elapsed since the last date of preparation or revision of the Safety Data Sheet; or

(c) so directed by an officer.

(c)

so directed by an officer.

(5) The supplier shall furnish the revised Safety Data Sheet under subregulation (4) to the chemical recipient as soon as practicable after such revision.

(5)

The supplier shall furnish the revised Safety Data Sheet under subregulation (4) to the chemical recipient as soon as practicable after such revision.

(6) A supplier who contravenes subregulation (1), (2), (3), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(6)

A supplier who contravenes subregulation (1), (2), (3), (4) or (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) An importer or a manufacturer, as the case may be, shall prepare an inventory of hazardous chemicals consisting of information on each hazardous chemical imported or supplied in a quantity of one metric tonne and above per year for each calendar year.

(1)

An importer or a manufacturer, as the case may be, shall prepare an inventory of hazardous chemicals consisting of information on each hazardous chemical imported or supplied in a quantity of one metric tonne and above per year for each calendar year.

(2) The inventory of hazardous chemicals for each calendar year shall be submitted to the Director General not later than 31 March of the following year.

(2)

The inventory of hazardous chemicals for each calendar year shall be submitted to the Director General not later than 31 March of the following year.

(3) The inventory of hazardous chemicals shall contain the following information:

(3)

The inventory of hazardous chemicals shall contain the following information:

(a) the product identifier;

(a)

the product identifier;

(b) the name of the hazardous chemical;

(b)

the name of the hazardous chemical;

(c) the composition and ingredients of a hazardous chemical;

(c)

the composition and ingredients of a hazardous chemical;

(d) the hazard classification; and

(d)

the hazard classification; and

(e) the total quantity of each hazardous chemical imported or supplied.

(e)

the total quantity of each hazardous chemical imported or supplied.

(4) For the purposes of paragraphs (3)(b) and (c), the name of the hazardous chemical, and composition of the ingredients of the hazardous chemical shall include the CAS Registry Numbers, if applicable.

(4)

For the purposes of paragraphs (3)(b) and (c), the name of the hazardous chemical, and composition of the ingredients of the hazardous chemical shall include the CAS Registry Numbers, if applicable.

(5) An inventory of hazardous chemicals shall be maintained in good condition and in an orderly manner.

(5)

An inventory of hazardous chemicals shall be maintained in good condition and in an orderly manner.

(6) An importer or a manufacturer who contravenes subregulation (1), (2), (3) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(6)

An importer or a manufacturer who contravenes subregulation (1), (2), (3) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(1) A supplier may omit the information required under subregulation 13(2) or 14(3) in a Safety Data Sheet or an inventory of hazardous chemicals, as the case may be, if the information on—

(1)

A supplier may omit the information required under subregulation 13(2) or 14(3) in a Safety Data Sheet or an inventory of hazardous chemicals, as the case may be, if the information on—

(a) the name of a hazardous chemical; or

(a)

the name of a hazardous chemical; or

(b) the composition and ingredients of a hazardous chemical,

(b)

the composition and ingredients of a hazardous chemical,

constitutes confidential business information.

(2) If the information referred to in subregulation (1) is omitted, such information shall be replaced with the generic name of the hazardous chemical or allowable concentration range of the ingredients of the hazardous chemical, as the case may be, as specified in Part 4 of the Industry Code of Practice.

(2)

If the information referred to in subregulation (1) is omitted, such information shall be replaced with the generic name of the hazardous chemical or allowable concentration range of the ingredients of the hazardous chemical, as the case may be, as specified in Part 4 of the Industry Code of Practice.

(3) The Director General, an occupational health doctor, or a person who uses or handles a hazardous chemical may request in writing from a principal supplier for the disclosure of the information referred to in subregulation (1).

(3)

The Director General, an occupational health doctor, or a person who uses or handles a hazardous chemical may request in writing from a principal supplier for the disclosure of the information referred to in subregulation (1).

(4) Upon receipt of the request made under subregulation (3), the principal supplier shall disclose the information to the Director General, occupational health doctor, or person who uses or handles the hazardous chemical, as the case may be.

(4)

Upon receipt of the request made under subregulation (3), the principal supplier shall disclose the information to the Director General, occupational health doctor, or person who uses or handles the hazardous chemical, as the case may be.

(5) The information obtained under subregulation (4) shall only be used for the purpose of protection of the safety and health of employees.

(5)

The information obtained under subregulation (4) shall only be used for the purpose of protection of the safety and health of employees.

(6) A person who uses the information obtained under subregulation (4) for the purposes other than the purposes specified in subregulation (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

(6)

A person who uses the information obtained under subregulation (4) for the purposes other than the purposes specified in subregulation (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both and, in the case of continuing offence, to a fine not exceeding one thousand ringgit for every day or part of the day during which the offence continues after conviction.

The Occupational Safety and Health (Classification, Packaging and Labelling of Hazardous Chemicals) Regulations 1997 [P.U. (A) 143/1997] are revoked.

Hazard Classification		Label Information
Hazard Class	Hazard Category	Hazard Pictogram	Signal Word	Hazard Statement
Explosives	Unstable Explosives		Danger	Unstable explosive
	Division 1.1		Danger	Explosive; mass explosion hazard
	Division 1.2		Danger	Explosive; severe projection hazard
	Division 1.3		Danger	Explosive; fire, blast or projection hazard
	Division 1.4		Warning	Fire or projection hazard
	Division 1.5	—	Danger	May mass explode in fire
	Division 1.6	—	—	—
Flammable gases	Category 1		Danger	Extremely flammable gas
Flammable gases	Category 2	—	Warning	Flammable gas
Flammable aerosols	Category 1		Danger	Extremely flammable aerosol
Flammable aerosols	Category 2		Warning	Flammable aerosol
Flammable liquids	Category 1		Danger	Extremely flammable liquid and vapour
	Category 2		Danger	Highly flammable liquid and vapour
	Category 3		Warning	Flammable liquid and vapour
Flammable solids	Category 1		Danger	Flammable solid
Flammable solids	Category 2		Warning	Flammable solid
Oxidizing gases	Category 1		Danger	May cause or intensify fire; oxidizer
Oxidizing liquids	Category 1		Danger	May cause fire or explosion; strong oxidizer
	Category 2		Danger	May intensify fire; oxidizer
	Category 3		Warning	May intensify fire; oxidizer
Oxidizing solids	Category 1		Danger	May cause fire or explosion; strong oxidizer
	Category 2		Danger	May intensify fire; oxidizer
	Category 3		Warning	May intensify fire; oxidizer
Gases under pressure	Compressed Gas		Warning	Contains gas under pressure; may explode if heated
	Liquefied Gas		Warning	Contains gas under pressure; may explode if heated
	Refrigerated Liquefied Gas		Warning	Contains refrigerated gas; may cause cryogenic burns or injury
	Dissolved Gas		Warning	Contains gas under pressure; may explode if heated
Self-reactive chemicals	Type A		Danger	Heating may cause explosion
	Type B		Danger	Heating may cause fire or explosion
	Type C and D		Danger	Heating may cause fire
	Type E and F		Warning	Heating may cause fire
	Type G	—	—	—
Pyrophoric liquids	Category 1		Danger	Catches fire spontaneously if exposed to air
Pyrophoric solids	Category 1		Danger	Catches fire spontaneously if exposed to air
Self-heating chemicals	Category 1		Danger	Self-heating; may catch fire
Self-heating chemicals	Category 2		Warning	Self-heating in large quantities; may catch fire
Chemicals which, if in contact with water, emit flammable gases	Category 1		Danger	If in contact with water, releases flammable gases which may ignite spontaneously
	Category 2		Danger	If in contact with water, releases flammable gases
	Category 3		Warning	If in contact with water, releases flammable gases
Organic peroxides	Type A		Danger	Heating may cause explosion
	Type B		Danger	Heating may cause fire or explosion
	Type C and D		Danger	Heating may cause fire
	Type E and F		Warning	Heating may cause fire
	Type G	—	—	—
Corrosive to metals	Category 1		Warning	May be corrosive to metals

Hazard Classification		Label Information
Hazard Class	Hazard Category	Hazard Pictogram	Signal Word	Hazard Statement
Acute toxicity (oral)	Category 1		Danger	Fatal if swallowed
	Category 2		Danger	Fatal if swallowed
	Category 3		Danger	Toxic if swallowed
	Category 4		Warning	Harmful if swallowed
Acute toxicity (dermal)	Category 1		Danger	Fatal if in contact with skin
	Category 2		Danger	Fatal if in contact with skin
	Category 3		Danger	Toxic if in contact with skin
	Category 4		Warning	Harmful if in contact with skin
Acute toxicity (inhalation)	Category 1		Danger	Fatal if inhaled
	Category 2		Danger	Fatal if inhaled
	Category 3		Danger	Toxic if inhaled
	Category 4		Warning	Harmful if inhaled
Skin corrosion or irritation	Category 1A/1B/1C		Danger	Causes severe skin burns and eye damage
Skin corrosion or irritation	Category 2		Warning	Causes skin irritation
Serious eye damage or eye irritation	Category 1		Danger	Causes serious eye damage
Serious eye damage or eye irritation	Category 2		Warning	Causes serious eye irritation
Respiratory sensitization	Category 1		Danger	May cause allergic or asthma symptoms or breathing difficulties if inhaled
Skin sensitization	Category 1		Warning	May cause allergic skin reaction
Germ cell mutagenicity	Category 1A/1B		Danger	May cause genetic defects (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Germ cell mutagenicity	Category 2		Warning	Suspected of causing genetic defects (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Carcinogenicity	Category 1A/1B		Danger	May cause cancer (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Carcinogenicity	Category 2		Warning	Suspected of causing cancer (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Reproductive toxicity	Category 1A/1B		Danger	May damage fertility or the unborn child (state specific effect, if known) (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
	Category 2		Warning	Suspected of damaging fertility or the unborn child (state specific effect, if known) (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
	Effects on or via lactation	-	-	May cause harm to breast-fed children
Specific target organ toxicity–single exposure	Category 1		Danger	Causes damage to organs (state all organs affected, if known) (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
	Category 2		Warning	May cause damage to organs (state all organs affected, if known) (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
	Category 3		Warning	May cause respiratory irritation (respiratory tract irritation) or May cause drowsiness or dizziness (narcotic effects)
Specific target organ toxicity–repeated exposure	Category 1		Danger	Causes damage to organs (state all organs affected, if known) through prolonged or repeated exposure (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Specific target organ toxicity–repeated exposure	Category 2		Warning	May cause damage to organs (state all organs affected, if known) through prolonged or repeated exposure (state route of exposure, if it is conclusively proven that no other routes of exposure cause the hazard)
Aspiration hazard	Category 1		Danger	May be fatal if swallowed and enters airways

Hazard Classification		Label Information
Hazard Class	Hazard Category	Hazard Pictogram	Signal Word	Hazard Statement
Hazardous to the aquatic environment - acute hazard	Category 1		Warning	Very toxic to aquatic life
Hazardous to the aquatic environment - chronic hazard	Category 1		Warning	Very toxic to aquatic life with long lasting effects
	Category 2		—	Toxic to aquatic life with long lasting effects
	Category 3	—	—
	Category 4	—	—	May cause long lasting harmful effects to aquatic life
Hazardous to the ozone layer	Category 1		Warning	Harms public health and the environment by destroying ozone in the upper atmosphere

Pictogram	Description
	Exploding bomb
	Flame
	Flame over circle
	Gas cylinder
	Corrosion
	Skull and crossbones
	Exclamation mark
	Health hazard
	Environment

Fatal if swallowed or in contact with skin

Fatal if swallowed or inhaled

Fatal if in contact with skin or inhaled

Fatal if swallowed, in contact with skin or inhaled

Toxic if swallowed or in contact with skin

Toxic if swallowed or inhaled

Toxic if in contact with skin or inhaled

Toxic if swallowed, in contact with skin or inhaled

Harmful if swallowed or in contact with skin

Harmful if swallowed or inhaled

Harmful if in contact with skin or inhaled

Harmful if swallowed, in contact with skin or inhaled

Causes skin and eye irritation

Content of the Packaging	Dimension of Labels (in millimetres)
Not exceeding 3 litres	If practicable, at least 52 x 74
Greater than 3 litres but not exceeding 50 litres	At least 74 x 105
Greater than 50 litres but not exceeding 500 litres	At least 105 x 148
Greater than 500 litres	At least 148 x 210

Hazard Class	Cut-off Value
Acute toxicity	at 1.0% or more (≥ 1.0%)
Skin corrosion or irritation	at 1.0% or more (≥ 1.0%)
Serious eye damage or eye irritation	at 1.0% or more (≥ 1.0%)
Respiratory sensitization	at 0.1% or more (≥ 0.1%)
Skin sensitization	at 0.1% or more (≥ 0.1%)
Germ cell mutagenicity (Category 1)	at 0.1% or more (≥ 0.1%)
Germ cell mutagenicity (Category 2)	at 1.0% or more (≥ 1.0%)
Carcinogenic	at 0.1% or more (≥ 0.1%)
Reproductive toxicity	at 0.1% or more (≥ 0.1%)
Specific target organ toxicity - single exposure	at 1.0% or more (≥ 1.0%)
Specific target organ toxicity - repeated exposure	at 1.0% or more (≥ 1.0%)
Aspiration hazard	at 10.0% or more (≥ 10.0%)
Hazardous to the aquatic environment	at 1.0% or more (≥ 1.0%)

Classification, Labelling and Safety Data Sheet of Hazardous Chemicals Regulations 2013

PART I - PRELIMINARY

Regulation 1. Citation and commencement

Regulation 2. Application

Regulation 3. Interpretation

PART II - CLASSIFICATION

Regulation 4. Duty of principal supplier to classify chemical as hazardous chemical

Regulation 5. Record of classification

PART III - PACKAGING

Regulation 6. Packaging requirement of hazardous chemical

Regulation 7. Seal of packaging

PART IV - LABELLING

Regulation 8. Duty to label packaging of hazardous chemical

Regulation 9. Requirement for hazard pictogram

Regulation 10. Rules of precedence for hazard pictograms and hazard statements on label

Regulation 11. Dimension of label

Regulation 12. Affixing and tagging of label

PART V - SAFETY DATA SHEET

Regulation 13. Duty to furnish Safety Data Sheet

PART VI - INVENTORY OF HAZARDOUS CHEMICALS

Regulation 14. Inventory of hazardous chemicals

PART VII - CONFIDENTIAL BUSINESS INFORMATION

Regulation 15. Confidential business information on hazardous chemical

PART VIII - REVOCATION

Regulation 16. Revocation

SCHEDULES

FIRST SCHEDULE [Regulation 3] - HAZARD CLASSIFICATION, HAZARD PICTOGRAM, SIGNAL WORD AND HAZARD STATEMENT

(a) Physical Hazards

(b) Health Hazards

(c) Environmental Hazards

SECOND SCHEDULE [Regulation 3] - HAZARD PICTOGRAMS

THIRD SCHEDULE [Subregulation 8(6)] - COMBINED HAZARD STATEMENTS

FOURTH SCHEDULE [Regulation 11] - DIMENSION OF LABEL

FIFTH SCHEDULE [Regulation 13] - CUT-OFF VALUE OF CONCENTRATION

PART I - PRELIMINARY​

Regulation 1. Citation and commencement​

Regulation 2. Application​

Regulation 3. Interpretation​

PART II - CLASSIFICATION​

Regulation 4. Duty of principal supplier to classify chemical as hazardous chemical​

Regulation 5. Record of classification​

PART III - PACKAGING​

Regulation 6. Packaging requirement of hazardous chemical​

Regulation 7. Seal of packaging​

PART IV - LABELLING​

Regulation 8. Duty to label packaging of hazardous chemical​

Regulation 9. Requirement for hazard pictogram​

Regulation 10. Rules of precedence for hazard pictograms and hazard statements on label​

Regulation 11. Dimension of label​

Regulation 12. Affixing and tagging of label​

PART V - SAFETY DATA SHEET​

Regulation 13. Duty to furnish Safety Data Sheet​

PART VI - INVENTORY OF HAZARDOUS CHEMICALS​

Regulation 14. Inventory of hazardous chemicals​

PART VII - CONFIDENTIAL BUSINESS INFORMATION​

Regulation 15. Confidential business information on hazardous chemical​

PART VIII - REVOCATION​

Regulation 16. Revocation​

SCHEDULES​

FIRST SCHEDULE [Regulation 3] - HAZARD CLASSIFICATION, HAZARD PICTOGRAM, SIGNAL WORD AND HAZARD STATEMENT​

(a) Physical Hazards​

(b) Health Hazards​

(c) Environmental Hazards​

SECOND SCHEDULE [Regulation 3] - HAZARD PICTOGRAMS​

THIRD SCHEDULE [Subregulation 8(6)] - COMBINED HAZARD STATEMENTS​

FOURTH SCHEDULE [Regulation 11] - DIMENSION OF LABEL​

FIFTH SCHEDULE [Regulation 13] - CUT-OFF VALUE OF CONCENTRATION​

PART I - PRELIMINARY

Regulation 1. Citation and commencement

Regulation 2. Application

Regulation 3. Interpretation

PART II - CLASSIFICATION

Regulation 4. Duty of principal supplier to classify chemical as hazardous chemical

Regulation 5. Record of classification

PART III - PACKAGING

Regulation 6. Packaging requirement of hazardous chemical

Regulation 7. Seal of packaging

PART IV - LABELLING

Regulation 8. Duty to label packaging of hazardous chemical

Regulation 9. Requirement for hazard pictogram

Regulation 10. Rules of precedence for hazard pictograms and hazard statements on label

Regulation 11. Dimension of label

Regulation 12. Affixing and tagging of label

PART V - SAFETY DATA SHEET

Regulation 13. Duty to furnish Safety Data Sheet

PART VI - INVENTORY OF HAZARDOUS CHEMICALS

Regulation 14. Inventory of hazardous chemicals

PART VII - CONFIDENTIAL BUSINESS INFORMATION

Regulation 15. Confidential business information on hazardous chemical

PART VIII - REVOCATION

Regulation 16. Revocation

SCHEDULES

FIRST SCHEDULE [Regulation 3] - HAZARD CLASSIFICATION, HAZARD PICTOGRAM, SIGNAL WORD AND HAZARD STATEMENT

(a) Physical Hazards

(b) Health Hazards

(c) Environmental Hazards

SECOND SCHEDULE [Regulation 3] - HAZARD PICTOGRAMS

THIRD SCHEDULE [Subregulation 8(6)] - COMBINED HAZARD STATEMENTS

FOURTH SCHEDULE [Regulation 11] - DIMENSION OF LABEL

FIFTH SCHEDULE [Regulation 13] - CUT-OFF VALUE OF CONCENTRATION