by Sandra Tiah

The Swedish Chemicals Agency (KEMI) is currently developing a proposal for new legislation on notification requirements for nanomaterials in chemical products, with a consultation scheduled for late 2016. Swedish companies are presently obligated to report the content of chemical products in the Chemicals Inspectorate's register, but there is no requirement to distinguish nanomaterials. This new proposal would require reporting on whether chemical products contain nanomaterials, and if so, additional information would be required on said nanomaterial.
 
It is anticipated that the new regulation would become effective on January 1, 2018, with the initial submission of data on nanomaterials in February 2019.

by Sandra Tiah

An agreement reached by MEPs, ministers and the EU Commission on June 15, 2016, states that all but the smallest companies that import tin, tungsten, tantalum, gold and their ores (used in the production of several high-tech devices in the automotive, electronics, aerospace, packaging, construction, lighting, industrial machinery, and tooling industries, as well as in jewelry) from conflict regions must conduct due diligence checks on their suppliers, to prevent this activity from being used to finance conflicts and human rights abuses. Companies would be required to disclose details of products that might contain conflict minerals. The onus will be on Member States’ competent authorities to ensure compliance by companies, and to appoint penalties for non-compliance. The regulation applies to all conflict-affected and high risk areas, primarily the Democratic Republic of the Congo and the Great Lakes area.
 
The Commission will subsequently review and submit a report to Parliament and the Council on the effectiveness of the new law, and any changes required.

by Brittany Tofinchio Palmer

The Ministry of Labor has proposed amendments to the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) under the Occupational Health and Safety Act (OHS Act). These amendments would apply to employers who engage in “construction” as defined under the OHS Act, and those that perform work, as defined under the Construction Projects Regulation (O. Reg. 213/91), to ensure workers have completed a construction hazard awareness training program.
 
The proposed amendments offer two approaches to employers that would enable them to meet the aforementioned required training program:

• Approach 1: Successfully complete a training program that has been approved. An approved training program will meet the criteria of a construction health and safety awareness training program as well as a provider standard that is established by the Ministry’s Chief Prevention Officer (CPO); and
• Approach 2: An employer, after consulting with the Joint Health and Safety Committee (JHSC), would develop a training program of their own based on the learning outcomes set out in the proposed regulation. Workers would be required to complete this program. This approach is only available to employers who are already required to have JHSC under the OHS Act.

 
The proposal provides a two-year transition period to ensure that employers have all existing workers complete the training before the amendment goes into force.
 
The Ministry of Labor is seeking public and stakeholder feedback on the following:

• The proposed amendments to the Regulation;
• A draft Construction Health and Safety Awareness Training Program Standard that would provide requirements that a training program under Approach 1 must meet; and 
• A draft Construction Health and Safety Awareness Training Provider Standard that would provide requirements for training providers seeking to deliver their own approved construction health and safety awareness training program.

 
The deadline for comment submissions to the Ministry of Labor is August 12, 2016.

by Brittany Tofinchio Palmer

The United Kingdom (UK) held a referendum on June 23, 2016 to determine whether it should leave the European Union (EU). With the highest turnout since the 1992 general election, about 52% of voters voted to leave the EU. The results were shocking to many around the world and begs the question, what happens now? Interestingly, Google reported a spike in searches from the UK, after the vote, about the consequences of leaving the EU, and now, many are questioning whether the results can be ignored or if they are legally binding. One of the many major concerns that people have is how the UK’s exit from the EU will impact the environment and environmental regulations, so many of which have been put in place as a result of EU regulations and directives.
 
After the vote, EU businesses called for a reform in creating a friendlier environment for small and medium-sized enterprises by substantially reducing the bureaucracy, i.e. less regulations at the EU and national levels. UK chemical industry associations and the Chemical Business Association believe that the UK’s decision to leave the EU will bring both risks and opportunities for the chemical supply chain within the country and even allow it to prosper.
 
In terms of specific regulations, once the UK leaves the EU, it would no longer be subject to EU regulations, and the country could also repeal a number of EU directives it has transposed into law.  One of the major regulations that will have a sweeping impact across the country and EU is Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). REACH will remain applicable to businesses at this point, but once the UK officially leaves the EU, the regulation would no longer apply to the UK. While there would likely be some kind of transition period if that were to happen, the UK could also decide to either leave REACH in place, or overturn it once alternative rules have been put in place – the more likely scenario. In the event that REACH is overturned, UK manufacturers would be required to have “only representatives” and UK exporters would still need to meet EU standards in order to export goods to the EU.
 
Aside from the chemical aspects, an investor research firm has found that the UK is likely to scale back its regulations on waste reduction and recycling, as it argued when they first went into effect that it would be too costly for businesses. In addition, recycling targets have been relaxed over the past several years. UK citizens may also see an increase in air pollution, as the Environment Minister has previously urged the British EU Parliament members to push for an amendment to air pollution regulations that would allow the UK to exceed the set standards. As for other areas such as climate change, and health and safety, a report on British companies found it unlikely that policy changes will be made as a result of the UK leaving the EU.
 
There is still a lot of ongoing discussion as to next steps for the UK and the country has two years to negotiate its leave from the EU. During that period, anything is possible.

by Brittany Tofinchio Palmer

Greenhouse Gases (GHGs) have a major impact on both the economy and the environment. Homes and buildings are one of the major contributors to GHG emissions and accounted for 22% of Canada’s national GHG emissions in 2013. When consumers make choices in regard to energy efficiency, they often face trade barriers that prevent them from making the optimal choice. The Energy Efficiency Act 2009 provides the authority to make regulations on energy using products and energy efficiency standards. Canada proposed draft 2016 Regulations on Energy Efficiency on April 21, 2016. The objectives of the proposed Regulations, include:

• Strengthen the minimum energy performance standards (MEPS) for 20 product categories, including large air conditions, commercial freezers, fluorescent lamp ballasts, and gas and oil boilers;
• Reduce GHG emissions and energy consumption associated with these products; and
• Eliminate unnecessary differences between Canadian and US regulations for the product categories.

 
To meet the above objectives, the proposed Regulations include the following requirements:

• Dealers must ensure that each regulated product model they import meets the energy efficiency standards;
  
• Dealers must ensure that each regulated product model they ship from one province to another meets the energy efficiency standards;
• Dealers must ensure that the product has an EnerGuide label and energy efficiency verification mark if applicable;
• Dealers must submit energy efficiency reports to Natural Resources Canada when importing a regulated energy-using product; and
• Products required to contain an energy efficiency verification mark must obtain one from a body accredited for energy efficiency verification by the Standards Council of Canada;

 
The draft 2016 Regulations on Energy Efficiency are open for comment until July 14, 2016.

by Brittany Tofinchio Palmer

Germany’s Ministry of Environment has taken the initiative to develop safety measure recommendations for nanomaterials. It is urging the European Commission to adopt the recommendations as a way to identify and assess risks to the environment. Currently, nanomaterials are not heavily regulated. The Ministry’s recommendations include the following:

• Provide a definition of nanomaterials;
• Sufficiently characterize the physical and chemical elements of nanomaterials;
• Adapt risk assessments for nanomaterials;
• Provide standardized testing procedures for nanomaterials; and
• Develop nano-specific substance group approaches.

 
In addition to the above, the Ministry recommended adapting Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) to provide for nanomaterial information and notification requirements, and adapting the UN’s Globally Harmonized System to provide for applicable classification, labeling, and packaging classification criteria.

by Brittany Tofinchio Palmer

Taiwan’s Ministry of Labor published a Draft Guidance on Hazard and Exposure Assessment for New Chemical Substances for public comment on May 31, 2016. Hazard assessments are applicable to new chemical substances that are manufactured or imported in amounts of ten tons per year or more, or new chemicals classified as carcinogenic, mutagenic or toxic for reproduction (CMR) and Category 1 that are manufactured or imported in amounts of one ton or more per year. The Guidance provides a basic framework for hazard assessments and provides the procedures that need to be followed in order to identify the potential hazards and exposure implications of new chemicals. It also includes tables with exposure dose parameters and recommendations for operating conditions and exposure control methods.

by Sandra Tiah

The REACH annexes regarding skin and eye irritation and acute dermal toxicity have been amended and published in the Official Journal of the European Union. They became effective on June 20, 2016, with amendments for skin sensitization slated for late 2016. The changes to Annexes VII and VIII of REACH, known as Commission Regulation (EU) 2016/863, mean that information required for the classification or risk assessment of a substance will now be via non-animal testing. Registrants who have already submitted studies in accordance with previous legislation are not required to modify their dossiers immediately, but updates must comply with the new requirements.