The Adoption and Implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

May 25, 2009

JOINT DTI-DENR-DA-DOF-DOH-DILG-DOLE-DOTC ADMINISTRATIVE ORDER NO. 01-09

 

WHEREAS, the Philippines is a participating government during the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil in June 1992;

WHEREAS, the Philippine Government adheres to the principles embodied in Agenda 21, which were adopted at the UNCED;

WHEREAS, Chapter 19, Program B of Agenda 21 mandates that a globally harmonized hazard classification and compatible labeling system, including material safety data sheets and easily understandable symbols, should be available, if feasible, by the year 2000;

WHEREAS, at the World Summit for Sustainable Development (WSSD) held in Johannesburg, South Africa in September 2002, governments reaffirmed their commitments and agreed on a 2008 implementation target for the GHS;

WHEREAS, at the 14th Asia-Pacific Economic Corporation (APEC) APEC Ministerial Meeting held in Los Cabos, Mexico in October 2002 the APEC members were encouraged to work towards implementing the Globally Harmonized System on hazard classification and labeling of chemicals and safety data sheets by 2006; HITEaS

WHEREAS, the first version of the GHS was adopted in December 2002 by the UN Sub-Committee on the Globally Harmonized System of Classification and Labeling of Chemicals (UN SCEGHS), and endorsed by the UN Committee on the Transport of Dangerous Goods and the Globally Harmonized System of Classification and Labeling of Chemicals (UN CTDGGHS);

WHEREAS, at the 18th APEC Ministerial Meeting held in Hanoi, Vietnam in November 2006, the member economies were encouraged to continue their efforts to implement the GHS with a view to having it fully implemented by the recommended target date of 2008;

WHEREAS, the identified sectors of the GHS implementation are: agriculture, industrial workplace/production, transport and consumer products;

WHEREAS, based on the Situation and Gap Analysis conducted on the identified sectors, there are already existing laws in the Philippines addressing the management of chemicals, particularly on labeling;

WHEREAS, there is a need to revise the Implementing Rules and Regulations (IRR) of the concerned laws to implement the provisions of GHS;

WHEREAS, to ensure the involvement and commitment of concerned government agencies in addressing these target sectors of the GHS implementation, a Joint Administrative Order is hereby promulgated.

NOW, THEREFORE, this Order is hereby prescribed by the undersigned Departments for the information, guidance and compliance of all concerned:

SECTION 1. Objective. —

The objective of this Joint Administrative Order is the adoption and implementation of classification criteria, labeling and Safety Data Sheet (SDS) requirements of the GHS. TaIHEA

SECTION 2. Definitions. —

a. GHS is an acronym for Globally Harmonized System of Classification and Labeling of Chemicals. The GHS is a system for standardizing and harmonizing the classification and labelling of chemicals. It is a logical and comprehensive approach to:

• Defining health, physical and environmental hazards of chemicals;

• Creating classification processes that use available data on chemicals for comparison with the defined hazard criteria; and

• Communicating hazard information, as well as protective measures, on labels and Safety Data Sheets (SDS).

b. Harmonization refers to establishing a common and coherent basis for hazards classification and communication of chemicals, and the appropriate elements relevant to means of transport, consumers, workers and environmental protection can be selected/chosen.

c. Label refers to an appropriate group of written, printed or graphic information elements that are affixed to, printed on, or attached to the immediate container of a hazardous product, or to the outside packaging of a hazardous product.

d. Hazards refer to the inherent characteristics of chemical substances and mixtures that exist in the workplace and in the environment regardless of quantity that are potentially dangerous or which have the capacity to harm, i.e., its capacity to interfere with normal biological processes, and its capacity to burn, explode, corrode, etc.

e. "Chemical substance" means any organic or inorganic substance of a particular molecular identity including any element or uncombined chemical and any combination of such substances, or any mixture of two and excluding radioactive materials.

f. "Mixtures" refer to combination of two or more chemical substances with no chemical reaction taking place.

g. "Toxic or hazardous substances" refer to the chemical substances or mixtures that may be harmful to the environment and/or to human health in a short-term and long-term basis if it is inhaled, swallowed, or absorbed through the skin.

h. The Safety Data Sheet (SDS) is a document that provides important physical characteristics, ecological, health, safety and toxicological information on chemical substances or mixtures of ingredients used at the workplace, transported and may be utilized by the consumer.

SECTION 3. Scope. —

This Joint Administrative Order sets out the duties and responsibilities of the GHS implementing and coordinating government agencies in the adoption of the classification criteria, labeling, and SDS requirements of the GHS (Please see Annex A).

The GHS adoption shall cover chemicals and mixtures. In the case of pesticides for agriculture and other uses, due consideration shall be given to incorporating the GHS principles, where appropriate, into the FAO/WHO basic principles and guidelines which the Fertilizer and Pesticide Authority (FPA) uses particularly with regard to toxicity and hazard classification and other labeling requirements. In the transport sector, the GHS is implemented through the United Nations Recommendations on the Transport of Dangerous Goods (UNRTDG).

Pharmaceuticals, food additives, cosmetics, and pesticide residues in food shall not be covered at the point of intentional intake, except at the workplace and during transport. SCEHaD

SECTION 4. Creation of a National GHS Implementing and Coordinating Committee. —

A National GHS Implementing and Coordinating Committee shall be created which will be headed by the Department of Trade and Industry — Board of Investments. The following shall be the GHS implementing and coordinating government agencies:

a. Department of Agriculture (DA);

b. Department of Environment and Natural Resources (DENR);

c. Department of Finance (DOF);

d. Department of Health (DOH);

e. Department of Interior and Local Government (DILG);

f. Department of Labor and Employment (DOLE);

g. Department of Transportation and Communications (DOTC); and

h. Department of Trade and Industry (DTI).

SECTION 5. Duties and Responsibilities of the Implementing and Coordinating Committee. —

The National GHS Implementing and Coordinating Committee shall have the following duties and responsibilities:

a. Oversee the development and formulation of the Implementing Rules and Regulations of concerned agencies in adopting the GHS and its principles of application set out in Part 1 of the GHS Manual, which shows the GHS Pictograms and Hazard Classes (Annex B) and Safety Data Sheets Format and Guidelines (Annex C).

b. Convene and attend inter-agency meetings and other related activities concerning GHS development;

c. Coordinate, monitor and provide guidance on the implementation of the GHS.

SECTION 6. Repealing Clause. —

All other issuances inconsistent with this Joint Administrative Order and all its annexes are hereby repealed or modified accordingly.

SECTION 7. Effectivity. —

This Joint Administrative Order shall take effect immediately after 30 days from completion of publication in the Official Gazette or in a newspaper of general circulation and registration with the UP Law Center. HSCAIT

Issued this 25th day of May 2009 in Makati City, Philippines.

Approved:

(SGD.) PETER B. FAVILASecretaryDepartment of Trade and Industry

(SGD.) JOSE L. ATIENZA, JR.SecretaryDepartment of Environment and Natural Resources

(SGD.) ARTHUR C. YAPSecretaryDepartment of Agriculture

(SGD.) MARGARITO B. TEVESSecretaryDepartment of Finance

(SGD.) FRANCISCO T. DUQUE IIISecretaryDepartment of Health

(SGD.) RONALDO V. PUNOSecretaryDepartment of Interior and Local Government

(SGD.) MARIANITO D. ROQUEActing SecretaryDepartment of Labor and Employment

(SGD.) LEANDRO R. MENDOZASecretaryDepartment of Transportation and Communications

ANNEX A

MANDATES AND COVERAGE OF THE IMPLEMENTING AND COORDINATING AGENCIES

AGENCY	MANDATE/THRUST	GHS RESPONSIBILITY
DEPARTMENT OF
AGRICULTURE (DA)
Fertilizer and Pesticides	PD 1144 — Creation of	Specify the basic requirements for
Authority (FPA)	Fertilizer and Pesticide	a pesticide label including the
	Authority (FPA)	prescribed statements, language,
		FPA control number,
		precautionary measures consistent
		with FAO/WHO* labeling
		guidelines.
		*	The FAO and WHO are
			currently studying how the
			GHS labeling requirements
			can be incorporated in the
			FAO/WHO guidelines.
	Article V of the FPA Rules	Develop training and guidance
	and Regulations No. 1,	materials adoptable to the
	Series of 1977, in	needs of agricultural workers.
	particular Sections 1 to
	4, 6 and 8 of PD 1144.
DEPARTMENT OF
ENVIRONMENT
AND NATURAL
RESOURCES
(DENR)
Environmental Management	E.O. 192 — Creation of the
Bureau (EMB)	EMB
	Republic Act 6969 "Toxic	To formulate, review and draft
	Substances and Hazardous	relevant policies and procedural
	and Nuclear Waste Control	guidelines for GHS
	Act of 1990."	implementation of industrial
		chemicals.
	Section 4, Item C of RA
	6969 mandated "to inform
	and educate the populace
	regarding the hazards and
	risks attendant to the
	manufacture, handling,
	storage, transportation,
	processing, distribution, use
	and disposal of toxic
	chemical substances and
	other mixtures"
	Sections 17, 18, and 19 of	Initiate and assist in the GHS
	the DENR DAO No. 92-29	dissemination and capability
	(Philippine Inventory of	building for the concerned
	Chemicals and Chemical	industrial chemical stakeholders
	Substances, Priority	in cooperation with the Samahan
	Chemical List).	sa Pilipinas ng mga Industriyang
		Kimika (SPIK).
	Section 20 of the DENR
	DAO No. 92-29 (Chemical
	Control Order) on the
	Labeling and Re-labeling
	Requirements.
DEPARTMENT OF
FINANCE
Bureau of Customs (BOC)		Monitor the importation and
		export of all kinds of chemical
		substances, mixtures and products
		in accordance with the GHS
		requirements for labeling and
		preparation of Safety Data Sheets
		(SDS).
DEPARTMENT OF	PD 881 — Empowering the	Develop framework of activities
HEALTH (DOH)	Secretary of Health to	in support to the implementation
	Regulate the Labeling,	of GHS.
	Sale and Distribution
	of Household Hazardous
	Substances
Bureau of Food and	Administrative Order #	Provide technical assistance to
Drugs (BFAD)	311- Series 1977-	concerned government agencies
	Labeling Requirements	related to health/toxicological
	of Hazardous Substances	concerns on GHS for hazardous
		household substances.
	Chapter IV of RA 7394	Issue implementing rules and
	on "Labeling and Fair	regulations on GHS
	Packaging" of RA 7394,	implementation.
	states that the State "shall
	enforce compulsory labeling,
	and fair packaging to enable
	the consumer to obtain
	accurate information as to
	the nature, quality and
	quantity of the contents
	of consumer products and
	to facilitate its comparison
	of the value of such products.
DEPARTMENT OF	Section 5 of RA 6975 (DILG	Formulate and promulgate
INTERIOR AND	Act of 1990) and IRRs	pertinent laws, policies, programs,
LOCAL GOVERNMENT		rules and regulations and other
(DILG)		issuances regarding the
		implementation of GHS, wherein
		the Department has general
		supervision over the local
		government units that issues
		business licenses and permits.
Bureau of Fire Protection	Section 54 of RA 6975.	Conduct inspection and prescribe
(BFP)	Power and Functions of	safety measures on the storage,
	BFP, Section 8.a.2 & 8.b	handling and/or use of explosives
	of PD 1185 (Fire Code	or of combustible, flammable,
	of the Philippines) and	toxic and other hazardous
	Rule 27 (Hazardous	materials.
	Materials and Chemicals)
	of its IRRs
		Issue implementing rules and
		regulations on GHS
		implementation.
		Responsible in developing
		emergency and contingency
		preparedness and responses.
Philippine National		Responsible in the
Police-Aviation Security		handling/monitoring of dangerous
Group (PNP-ASG)		goods and in developing
		emergency and contingency
		preparedness and responses.
DEPARTMENT OF	Art. 162 and 165, Chapter 2,	Enforce GHS provisions in the
LABOR AND	Book IV, Title I & II of the	Occupational Safety and Health
EMPLOYMENT (DOLE)	Labor Code of the Philippines	(OSH) standards.
	(PD 442) and its IRR.
		Facilitate GHS implementation
		through review of existing
		policies and laws in consultation
		with social partners and other
		stakeholders.
Occupational Safety and	Industrial Chemicals Rule	Develop information materials
Health Center (OSHC)	1070 of the Occupational	and training modules for
	Health and Safety	capability building of concerned
	Standards (Occupational	government and private
	Health and Environmental	sector to implement GHS.
	Control)
		Develop and implement
		awareness raising program and
		skills training program for
		employees and workers in the
		private sector, and
		in government (labor inspectors).
		Provide technical inputs in policy
		formulation and standard setting
		on occupational safety and health.
Bureau of Working	Rule 1090 of the	Develop and prescribe standard
Conditions (BWC)	Occupational Health &	guidelines for the implementation
	Safety Standards (Handling	of GHS, including program
	of Hazardous Substances)"	development and advisory
		function for the administration
		and enforcement of the same.
		Technical supervision over the
		sixteen (16) labor inspectorate —
		enforcement in the regions.
DEPARTMENT OF	RA 7394 — Consumer Act	Conduct information and
TRADE AND	of the Philippines	education campaign for GHS
INDUSTRY (DTI)		awareness raising
Board of Investments		Coordinate, monitor, and provide
(BOI)		guidance on the implementation
		of the GHS.
		Initiate and assist in the GHS
		dissemination and capability
		building for the concerned
		stakeholders.
		Provide technical inputs in
		policy formulation and network.
Bureau of Product Standards		Prepare label standards for
(BPS)		chemical substances and mixtures
		for consumer products.
		Ensure the clear differences of
		risk and hazard-based labeling for
		consumer products.
Philippine Economic Zone		Monitor in the economic zones
Authority (PEZA)		the importation and export of all
		kinds of chemical substances,
		mixtures and products in
		accordance with the GHS
		requirements for labelling and
		preparation of SDS.
DEPARTMENT OF	EO 125 & 125-A or the	Mandated to be the primary
TRANSPORTATION AND	Reorganization Act of the	policy, planning, and
COMMUNICATIONS	Ministry of Transportation	programming in the promotion,
(DOTC)	and Communications.	development and regulation of
		dependable, efficient, affordable,
		safe, environment-friendly
		transportation and communication
		systems.
		Coordinate/monitor the
		implementation of the rules and
		regulations on the proper handling
		of chemicals/dangerous goods in
		transit by the various modes of
		transportation.
		Implement GHS through the UN
		Model Regulations on the
		Transport of Dangerous Goods
		and the major legal instruments
		regulating transport of dangerous
		goods, e.g., International
		Maritime Dangerous Goods Code
		(IMDG Code) and International
		Civil Aviation Organization
		Technical Instructions for the
		Safe Transport of Dangerous
		Goods by Air (ICAO TI).
Maritime Industry Authority	EO 125 & 125-A, Clean	Regulate, formulate, and issue
(MARINA)	Air Act, Philippine	policies on the safe carriage of
	Merchant Marine Rules	dangerous, hazardous, and
	and Regulations (PMMRR).	harmful cargoes on board
		Philippine registered commercial
		ships.
Philippine Coast Guard	PD 61 — Revised Coast	Enforce all applicable laws
(PCG)	Guard Law	governing the promotions of
	PD 979 — marine	safety of line and property at sea
	Pollution Decree of 1979	and marine environment
		protection of the territorial waters
		of the Philippines.
		Implementation of rules and
		regulations governing marine
		pollution.
Philippine Ports Authority	Various laws, rules, and	Regulate and enforce the safe
(PPA)/Other Port	regulations on the handling	handling of dangerous
Authorities	of dangerous goods.	goods/cargoes within the port.
		Conduct Training for cargo
		handlers and other port users.
Land Transportation Office	RA 4136 or the Land	Responsible for ensuring the
(LTO)	Transportation and Traffic	safety operation and
	Code, and Clean Air Act.	environmentally sustainable road
		transport system.
		Issue rules and regulations in the
		issuance of driver's license and
		registration to all motor vehicles
		and field enforcement of land
		transport laws.
Land Transportation and	CA #146 or Public Service	Issue rules and regulations
Franchising Regulatory	Act	pertaining to the issuance of
Board (LTFRB)		franchise to all for-hire motor
		vehicles (PUV).
Civil Aviation Authority	International Civil Aviation	Monitor the handling of
of the Philippines	Organization (ICAO)/	dangerous goods in the
(CAAP)/Manila	International Air Transport	aircrafts and within
International Airport	Association (IATA) Manual	the airport perimeter.
Authority (MIAA)	on the handling of dangerous
	goods
		Provide training to the personnel
		who are responsible for the
		handling of dangerous goods.
Civil Aeronautics Board	RA 776, as amended CAB	General supervision, jurisdiction,
(CAB)	Economic Regulation No. 4	and control over the operations of
		international and domestic
	ICAO/IATA Manual on the	carriers and airfreight forwarders
	handling of dangerous	through close monitoring of
	goods	shipments for protection and
		promotions of public interest and
		convenience in the air commerce.
		Provide procedures for the
		shipper and operators by which
		articles and substances with
		hazardous properties can be safely
		transported by air on all
		commercial transport.

 

ANNEX B

GHS Pictograms and Hazard Classes

ANNEX C

SAFETY DATA SHEETS (SDS) FORMAT AND GUIDELINES

SDS Format

The information in the SDS should be presented using the following 16 headings in the order given below.

1. Identification

2. Hazard(s) identification

3. Composition/information on ingredients

4. First-aid measures

5. Fire-fighting measures

6. Accidental release measures

7. Handling and storage

8. Exposure controls/personal protection

9. Physical and chemical properties

10. Stability and reactivity

11. Toxicological information

12. Ecological information

13. Disposal considerations

14. Transport information

15. Regulatory information

16. Other information

SDS Content and Guidelines

The SDS should provide a clear description of the data used to identify the hazards. The minimum information in Table 1 should be included, where applicable and available, on the SDS under the relevant headings. If specific information is not applicable or not available under a particular subheading, the SDS should clearly state this. Additional information may be required by competent authorities. cTIESD

Table 1. Minimum Information for an SDS

1.	Identification of the	•	GHS product identifier.
	substance or mixture and	•	Other means of identification.
	of the supplier	•	Recommended use of the chemical and
			restrictions on use.
		•	Supplier's details (including name, address,
			phone number, etc.).
		•	Emergency phone number.
2.	Hazards identification	•	GHS classification of the substance/mixture and
			any national or regional information.
		•	GHS label elements, including precautionary
			statements. (Hazard symbols may be provided
			as a graphical reproduction of the symbols in
			black and white or the name of the symbol e.g.,
			flame, skull and crossbones.)
		•	Other hazards which do not result in
			classification (e.g., dust explosion).
3.	Composition/information	Substance
	on ingredients	•	Chemical identity.
		•	Common name, synonyms, etc.
		•	CAS number, EC number, etc.
		•	Impurities and stabilizing additives which are
			themselves classified and which contribute to
			the classification of the substance.
		Mixture
		•	The chemical identity and concentration or
			concentration ranges of all ingredients which
			are hazardous within the meaning of the GHS
			and are present above their cut-off levels.
		NOTE: For information on ingredients, the competent
		authority rules for CBI take priority over the rules for
		product identification.
4.	First aid measures	•	Description of necessary measures, subdivided
			according to the different routes of exposure,
			i.e., inhalation, skin and eye contact and
			ingestion.
		•	Most important symptoms/effects, acute and
			delayed.
		•	Indication of immediate medical attention and
			special treatment needed, if necessary.
5.	Firefighting measures	•	Suitable (and unsuitable) extinguishing media.
		•	Specific hazards arising from the chemical (e.g.,
			nature of any hazardous combustion products).
		•	Special protective equipment and precautions
			for firefighters.
6.	Accidental release	•	Personal precautions, protective equipment and
	measures		emergency procedures.
		•	Environmental precautions.
		•	Methods and materials for containment and
			cleaning up.
7.	Handling and Storage	•	Precautions for safe handling.
		•	Conditions for safe storage, including any
			incompatibilities.
8.	Exposure controls/	•	Control parameters e.g., occupational exposure
	personal protection.		limit values or biological limit values.
		•	Appropriate engineering controls.
		•	Individual protection measures, such as personal
			protective equipment.
9.	Physical and chemical	•	Appearance (physical state, color etc.).
	properties	•	Odor.
		•	Odor threshold.
		•	PH.
		•	Melting point/freezing point.
		•	Initial boiling point and boiling range.
		•	Flash point.
		•	Evaporation rate.
		•	Flammability (solid, gas).
		•	Upper/lower flammability or explosive limits.
		•	Vapor pressure.
		•	Vapor density.
		•	Relative density.
		•	Solubility(ies).
		•	Partition coefficient: n-octanol/water.
		•	Auto-ignition temperature.
		•	Decomposition temperature.
10.	Stability and reactivity	•	Chemical stability.
		•	Possibility of hazardous reactions.
		•	Conditions to avoid (e.g., static discharge, shock
			or vibration).
		•	Incompatible materials.
		•	Hazardous decomposition products.
11.	Toxicological information	Concise but complete and comprehensible description
		of the various toxicological (health) effects and the
		available data used to identify those effects, including:
		•	information on the likely routes of exposure
			(inhalation, ingestion, skin and eye contact);
		•	Symptoms related to the physical, chemical and
			toxicological characteristics;
		•	Delayed and immediate effects and also chronic
			effects from short- and long-term exposure;
		•	Numerical measures of toxicity (such as acute
			toxicity estimates).
12.	Ecological information	•	Ecotoxicity (aquatic and terrestrial, where
			available).
		•	Persistence and degradability.
		•	Bioaccumulative potential.
		•	Mobility in soil.
		•	Other adverse effects.
13.	Disposal considerations	•	Description of waste residues and information
			on their safe handling and methods of disposal,
			including the disposal of any contaminated
			packaging.
14.	Transport information	•	UN number.
		•	UN Proper shipping name.
		•	Transport Hazard class(es).
		•	Packing group, if applicable.
		•	Marine pollutant (Yes/No).
		•	Special precautions which a user needs to be
			aware of or needs to comply with in connection
			with transport or conveyance either within or
			outside their premises.
15.	Regulatory information	•	Safety, health and environmental regulations
			specific for the product in question.
16.	Other information
	including information on
	preparation and
	revision of the SDS