CHemical hazards Questions Forum 

CHCS runs an email-based discussion group, known as the Forum, for the mutual support of CHCS members and others with an interest in Chemical Hazard Communication.

With around two-thirds of the Forum subscribers being located in the EU, and around 80% of those in the UK, the Forum has had a natural bias towards European and UK issues. But with the introduction of GHS, and the magnitude of international trade – especially in mixtures – there are many product stewards outside the UK who consider it worthwhile to subscribe. At the last count, nearly a third of the subscribers were located outside of the UK in thirty-two different countries.

The CHCS email Forum generates significant interest, and is known to have a number of readers working for various regulatory bodies.

Subscribers have often been able to find help and guidance in areas where the regulatory framework is silent or unclear.

The Forum is free, is simple to join, and is open to anyone anywhere in the world who has a professional involvement in the subject of Hazardous Chemicals (Dangerous Goods) Communication.

The Forum is not a bulletin board, but a 'push' email system. Forum Subscribers submit their contributions by email to the Forum Operator: Questions, Responses, and News items. The only restriction in scope is that submissions should be relevant to Chemical Hazard Communication (CHC) matters.

The Forum Operator (ForOp), who also acts on behalf of CHCS as the primary moderator, then emails the content to each person on the subscription list. The subscription list is securely retained, and the addresses of other subscribers are not present in the emails received by the subscribers.

Examples of recent Questions from the Forum

Examples of recent Questions from the Forum with the various answers that reply directly and also draw out the different points involved are as follows:

QUESTION 1

If I am supplying a product to the public and a tactile warning device is required, do I need to put this on:

  • the display box the product is displayed in, or;
  • the bottle inside the box. or;
  • both?

ANSWER 1

The TWD goes on the immediate receptacle - ie the bottle.

The CLP Regulation is not clear, although CHIP is. Nor is the ECHA Guidance on CLP labelling and Packaging.

However the Standard EN ISO 11683 clarifies this point.

QUESTION 2

A substance used in some of our articles is currently on the SVHC candidate list but is soon to be included in Annex XIV.

Under Article 7(1) there was no need to Register as the substance was "not intended to be released" from the articles.  Under Article 7(2) there was no need to Notify on the basis of "exclusion of exposure" as the substance is bound in a way to prevent release or exposure from the article.

Now that the substance is about to become an SVHC, under Article 33 the Company will make arrangements to communicate the presence of the substance where it is present in articles at a concentration of >0.1% w/w.

My questions:

Q1. Once the substance is an SVHC, is Authorisation to continue using the substance in articles required?

Q2. Given the above /ie/ the substance is neither "intended to be released" nor would be released under "normal or reasonably foreseeable conditions of use including disposal", is the substance exempt from authorisation?

ANSWER 2

[Summary of responses]

Your obligations depend on where you are in the supply chain, particularly whether you are an importer of the articles, or a producer (incorporating the substance into the article).

If you are an importer of the finished article, then you are not subject to authorisation. If you are a producer, then once the substance in the articles is put into Annex XIV, you cannot use the substance after the sunset date, unless you have an authorisation for the use.

This is based on Article 56, which says you cannot incorporate the Annex XIV substance into an article without an authorisation. Similarly, the guidance on requirements for substances in articles states the following, which I interpret as the need to be a producer, incorporating substances into articles, for authorisation to apply:
A Candidate List substance, which was subsequently placed in Annex XIV (Authorisation List) of REACH, cannot be placed on the market or used after a given date (sunset date), unless an authorisation is granted for a specific use, or the use is exempted from authorisation. Any EU producer of articles that incorporates such a substance into the produced articles, either as such or in a mixture, needs to check if such a use will require authorisation after the sunset date.

An approach to this is to consider the spirit of the law (ie the intent of the regulation) and to then consider Notification of SVHC in imported articles. But this does not close the gaps.

The intent is clearly to control the use of SVHC and a major concern is with the ‘end of life’ stages of products. The need to communicate down the supply line will in theory lead to the ideal world of recycling goods where the sub-components with SVHC > 0.1% are stripped off for special disposal/recycling.

To stop the SVHC of greatest worry (especially where P and V are involved), the only sure way of preventing entry to the environment is to control the substance at source to prevent manufacture of the stuff that ends up in the secluded nature reserve.

Europe is also rightly committed to prevent dirty industrial processes/materials being shipped off-shore to parts of the World with less stringent environmental and health standards, so banning a substance for use in Europe causing production of the articles is shifted elsewhere is not a solution to the problem – especially if those imported articles are then disposed of in an uncontrolled manner. Just identifying the SVHC at > 0.1% does not prevent miss-use.

Notification under REACH means that importers must declare what SVHC are being imported where there is no valid Registration of the SVHC for that end use. If Annex XIV has been applied, the uses are not covered by a valid registration unless Authorised (or exempted). Therefore, importers of over 1 tonne of SVHC present at a concentration of more than 0.1% need to get into the REACH framework and potentially face their own checks and sanctions.  But, that does leave room for a lot of ‘article’ (potentially 1,000 tonnes) that can be imported without Notification and is not controlled other than identifying the SVHC present.

QUESTION 3

A substance is classified as Aquatic Chronic 4 with H413 (May cause long lasting harmful effects to aquatic life). It is being shipped in 24,000 litre ISO Tank Containers.

The substance is not classed as Dangerous for Transport and thus the Tank Container needs no Placard nor Mark.

Does the Tank Container need a CLP label? There are derogations for small quantities, but I cannot find anything for this size.

ANSWER 3

[Summary of responses]

If the Tank Container is left with the purchaser and the substance/mixture is dispensed from it, that Tank Container is a package and needs to be labelled according to the provisions in CLP.

If the Tank Container is discharged into the purchaser's own storage, then the Tank Container does not need to be labelled, and different Regulations apply to the purchaser's storage.

This specific topic is covered by CLP FAQ Number 249 here.

NOTE: CHCS Members have access to an acronym listing available in the Member's Only area of this web site.

Subscribing to the Questions Forum 

Anyone joining CHCS will be automatically subscribed to the Forum, and need take no further action.

A non-member of CHCS wishing to subscribe to the Forum should send an email with the Subject "Forum Join", to forop@chcs.org.uk

Please do not include any questions or other Forum content in the message. It will be ignored.

In the message, please give your name as you usually write it. The forename(s) and surname which you give will be into our database and will be shown at the head of any contributions (questions, responses, news) from you that are published as Forum messages.

You will be sent a message requesting consent for CHCS to process your personal information. Without that consent we cannot send you the messages.

Once your consent has been recorded, you will be sent a confirmation message with details on how the Forum operates.

CHCS will record, store, and use for sending the Forum messages, the email address from which the “Forum Join” message was sent. Requests to subscribe a third party cannot be accepted.

Changes of your email address should be sent to forop@chcs.org.uk and the same rules will apply. An address change request may be subjected to a confirmatory check. Only one address per subscriber may be active at a time. If any email address is reported as no longer valid, it may be automatically deleted. In that case you will need to subscribe again from your new address.

When you leave the Forum, please notify forop@chcs.org.uk . Your personal data will be deleted on receipt of that notification.

Please feel free to mention the Forum to others whom you feel may be interested. Membership of CHCS is a not a requirement for becoming a Forum subscriber.

We look forward to receiving your request to join our Forum.

Notes:

  1. CHCS reserves the right to terminate the Forum at any time.

  2. Whilst CHCS in general and the operator of the Forum in particular will use their best endeavours to ensure the accuracy and legality of the information transmitted the Forum messages do not create any liability or responsibility in any way for CHCS and/or its officers and members.

  3. The name of the originating subscriber is shown at the start of each contribution. The name used will be that held in the Forum address book, which will be as set out in the request to join.

  4. The Forum is not a bulletin board. You can only see the messages if your email address is on the subscription list held by the Operator.

  5. The forum is run by a CHCS volunteer. No service guarantee can be assumed or is given.

For further information on CHCS or the Forum please contact the CHCS Office.

No Messages?

The Forum is not automatic, but is driven by wetware (real human beings). Nonetheless the Forum does not take many breaks. Any break longer than around five days would usually be announced in advance. So if you have seen no messages for a week or more, a filter or other gatekeeper at your end is probably stopping them.

If you are a Forum subscriber whose message flow has dried up, please email the Forum Operator at forop@chcs.org.uk to check; but you will need to provide an alternative contact channel for the ForOp to use to respond. (Because otherwise the email reply to your enquiry will fall into the same pit as the Forum messages themselves!)


CHCS News

HSE Consultation on revision of Workplace Exposure Limits (WELs) for a range of carcinogens

The Health and Safety Executive is consulting on revision of Workplace Exposure Limits (WELs) for a range of carcinogens. The workplace exposure limits are implemented to help protect workers from the ill-health effects of exposure to hazardous substances in the workplace.

CHCS Members can read more on the CHCS News Briefings page. [Posted on 24 Apr 2019]

ECHA’s Brexit window to stay open beyond 30 March

ECHA advises companies to continue their preparations for a UK withdrawal without a transition period.

CHCS Members can read more on the CHCS News Briefings page. [Posted on 28 Mar 2019]

Inviting Applications for Presenters and Deputies For New CHCS Training Modules:

CHCS are seeking Presenters and Deputies for 2 new CHCS training modules

  • Chemical Regulation, Asia Pacific

  • Complying With COMAH

For more information, please visit our Vacancies page

Poison Centre Guidance Document Published

The European Chemicals Agency (ECHA) have published the new Guidance on Harmonised Information Relating to Health Emergency Response - Annex VIII to CLP, namely poison centres.

CHCS Members can read more on the CHCS News Briefings page. [Posted on 22 Mar 2019]


News Briefings Summary
  • 23 January 2019
    Links To Guidance & Legislation Recently Laid Before Parliament

  • 23 January 2019
    RPA Seeks Input From Companies In Chemicals Supply Chain To Assess Impacts Of Brexit

  • 11 January 2019
    Preparing For A Potential 'No-Deal' Brexit

  • 12 December 2018
    Impacts Of Additional Occupational Exposure Limits (OELs) & Other New Measures Under The Carcinogens and Mutagens Directive (CMD)

  • 11 December 2018
    HSE Adds Additional No-Deal Brexit Guidance On REACH 

  • 11 December 2018
    Latest Consolidated Version Of CLP


  • 7 November 2018
    EU Withdrawal Stakeholders Meeting (held October 2018)

  • 11 October 2018
    13th ATP for CLP Published

  • 11 October 2018
    Regulating chemicals (REACH) if there’s no Brexit deal

  • 25 September 2018: Microplastics and the current situation

  • 4 September 208: IATA publishes significant changes to the 60th Edition of the Dangerous Goods Regulations

  • 26 July 2018: REACH or CLP regulatory measures proposed for persistent, mobile and toxic (PMT/vPvM) substances

  • 26 July 2018 - REACH or CLP regulatory measures proposed for persistent, mobile and toxic (PMT/vPvM) substances

  • 6 July 2018 - HSE provide a "Chemicals" EU Exit web page.

    CHCS Members can read more on the CHCS News Briefings page.

    26 July 2018 - CHCS Labelling Competition

    Have you overcome a tricky labelling problem? Are you labelling a small or awkwardly shaped package, printing on a difficult surface, or have overcome another problem?

    Are you proud of your label designs that make it easier for customers to read and understand your labels?

    CHCS Members can enter our new competition. For more details please visit: CHCS Labelling Competition.

    9  July 2018 - CHCS Needs Your Help!

    CHCS has a number of vacancies on our committees and are looking for volunteers to fill them. For more information please see: CHCS Vacancies.

    Next 3 CHCS Training Courses:

    For a full list of our CHCS Training Courses, please visit our Training page. 

    OTHER CHCS EVENTS

    • Other events are in preparation. Please visit again soon.

    HOW TO JOIN CHCS

    CHCS Membership is open to any person with an interest in chemical hazard communications. You can join by completing the simple on-line form at Join CHCS. Membership is currently £85.00 (+ £17.00 VAT where applicable; a total of £102.00). 

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