by Sara Fam

The Ministry of Health, Labor, and Welfare has issued 2016 Cabinet Order No. 50 to amend the Industrial Safety and Health Law (ISHL), and 2016 Health, Labor, and Welfare Order No. 24 to amend the Occupational Safety and Health Regulations. The changes include the addition of 27 new substances to appended table nine. The table includes the weight percent of allowable concentrations for the chemical substances to comply with labelling and notification requirements. The allowable concentrations for the 27 chemical substances were created as recommendations by the Japan Society for Occupational Health and the American Conference of Governmental Industrial Hygienists (ACGIH).
 
The addition of these new substances will require industries to follow certain requirements concerning labelling, Safety Data Sheets (SDSs), and risk assessments at the time of manufacturing and handling. These requirements are intended to make chemical substance management easier in the workplace.
 
The amendments were established, because certain hazards became apparent from all 27 chemical substances. As a result, the amendments were based on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
 
The Ordinance was promulgated on February 24, 2016, but will come into effect on March 1, 2017. Industries that have these substances on the market before the effective date will have a grace period until August 31, 2017 to follow the new requirements.

by Sandra Tiah

The European Commission launched a consultation on May 4, 2016, on a draft Regulation proposing a restriction on the manufacturing and placing on the market of the flame retardant, bis(pentabromophenyl)ether (decaBDE). The restriction refers to decaBDE as a substance on its own, and the use and placing on the market of decaBDE as a constituent of other substances, in mixtures, or in articles or any part thereof, in a concentration equal to, or greater than, 0.1% by weight. This draft Regulation relates to a new entry in Annex XVII to Regulation (EC) No. 1907/2006 (REACH) and lays out exemptions for:

• The production and placing on the market of aircraft;
• The production and placing on the market of spare parts for aircraft and motor vehicles, within the scope of Directive 2007/46/EC; agricultural and forestry vehicles, within the scope of Regulation (EU) No 167/2013; and machinery, within the scope of Directive 2006/42/EC;
• Articles placed on the market for the first time, before the date of application of the Regulation; and
• Electrical and electronic equipment, within the scope of Directive 2011/65/EC (RoHS).
  

The consultation period ended on July 3, 2016. The proposed date of adoption is during the second half of 2016. Industry would be afforded 18 months to facilitate compliance with the restriction.

by Brittany Tofinchio Palmer

Germany has published the Fourth Regulation Amending the Regulation on Restriction of Hazardous Substances in Electrical and Electronic Equipment. Specifically, the regulation makes changes to section 3 of marketing requirements by adding Di (2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), and diisobutyl phthalate (DIBP) to the list of substances subject to 0.1 percent by weight for homogenous materials.

The Regulation also modifies section 15, transitional provisions, by extending the date that certain products not in compliance with the substance requirements can be placed on the market. According to the new amendments, large and small household appliances, lighting equipment, and electrical and electronic tools may be placed on the market until July 21, 2019, and medical devices may be placed on the market until July 21, 2012.

by Brittany Tofinchio Palmer

The Secure E-Waste Export and Recycling Act (H.R.5579) was introduced in the House of Representatives on June 24, 2016. It aims to control the export of electronic waste to prevent such waste from becoming counterfeit goods and reentering the electronic supply chain market in the United States.

Electronic waste is defined as specific listed items containing electronic components, fragments, or subcomponents, including but not limited to: computers and related equipment; data center equipment; mobile computers; televisions; video devices; consumer electronics; and navigation devices. Exemptions include: electronic parts from motor vehicles; and electronics that have a low-risk of being counterfeit, electronics that have been tested, used and are working, and electronics that have been recalled.

The Bill provides a general prohibition on persons and entities exporting or reexporting electronic waste. Exporting or reexporting exempt electronic waste may occur only if the following requirements are met:

• Registration on a publicly available registry maintained by the Secretary of Commerce;
• Filing each transaction in an automated system with the following details:
  • Description of type and total quantity of exempted items;
  • Name of each country receiving the waste for reuse or recycling;
  • Name of ultimate consignee to receive the items for reclamation or reuse; and
  • Declaration that the consignee has the required permits resources etc. to manage the waste and prevent its release as counterfeit goods.
• Compliance with existing export laws and applicable international agreements; and
• Declarations containing specific information about the waste such as registration and description of contents.

The Bill provides a 1-year transition period after enactment before becoming effective. It is currently being reviewed by the House Committee on Foreign Affairs.

by Ellen Pinkos Cobb

After a seven-year inquiry into a wave of suicides at France Telecom, the Paris public prosecutor has recommended that its former chief executive and other key figures be put on trial for workplace bullying. If the trial proceeds, it would be the first trial in France for bullying (known in France as moral harassment or psychological harassment) of such a large company.

At France Telecom, a multinational telecommunications corporation which became Orange in 2013, at least 19 people are known to have taken their lives in 2008 and 2009 as the company cut thousands of jobs. Unions put the number of suicides at 35. The prosecutor’s investigation found that in order to encourage employees to leave, managers had been trained to demoralize their teams and their bonuses were dependent on this; work inspectors underlined the "brutality" of such management methods, which had an adverse effect on employees' physical and mental wellbeing; and management failed to take into account the "alarms and warnings" over the impact of its actions and the "psychological risks" to staff. When asked to explain the rash of suicides, CEO Didier Lombard described it as a "fashion", sparking widespread outrage.

It is now up to an examining judge to decide whether or not to order a trial. Under French law, anyone who harasses another with repeated actions with the aim or the effect of degrading working conditions is liable to a year in jail and a fine of €15,000 ($16,500).

by Sara Fam

On June 28, 2016, the Ministry of Transport (MOT) issued the second revised draft of the Road Transport of Dangerous Goods Management Approach. The purpose of the proposed amendments is to reinforce the management of safe road transport of dangerous goods, decrease accidents involving road transport of dangerous goods, and protect people and the environment.

The revised draft includes eleven chapters. In particular, chapter three specifies the conditions that consignors should follow in order to benefit from the Limited Quantity (LQ) and Excepted Quantity (EQ) exemptions. Carriers transporting dangerous goods that are in LQ or EQ are exempt from the requirements of having a road transport of dangerous goods license, qualified personnel, and exterior signs, unless the dangerous goods include Class 1 explosives or infectious substances. One aspect that remains unchanged from the first revised draft is the LQ exceedance limit. Dangerous goods that are transported in LQ, including packaging, cannot exceed 1000kg.

Chapter three also discusses important information on shipping requirements. The shipper is required to provide a report to the carrier that includes the results of performance testing that was done on the packages. The report must meet the requirements of the “highway transport of dangerous goods packaging inspection and safety norms” (GB 19269). If the package is in EQ, the report must meet the requirements of the “EQ of dangerous goods and packaging requirements” (GB 28644.1) and if the package is in LQ, the report must meet the requirements of the “LQ of dangerous goods and packaging requirements” (GB 28644.2). The shipper must also designate the following:

• The number of dangerous goods in EQ or LQ;
• The number of EQ packages; and
• The number and total gross weight of LQ packages.  

In addition to shipping stipulations, an employer who is shipping dangerous goods must also follow training requirements. Employers are required to train relevant employees on safe road transport of dangerous goods that are in EQ and LQ. The employer is also required to keep a record of these trainings. The training records must be maintained and kept for 12 months after an employee leaves the company.      

A public consultation has been launched, seeking comments on these changes. The consultation period ends on July 28, 2016.

The revised draft includes eleven chapters. In particular, chapter three specifies the conditions that consignors should follow in order to benefit from the Limited Quantity (LQ) and Excepted Quantity (EQ) exemptions. Carriers transporting dangerous goods that are in LQ or EQ are exempt from the requirements of having a road transport of dangerous goods license, qualified personnel, and exterior signs, unless the dangerous goods include Class 1 explosives or infectious substances. One aspect that remains unchanged from the first revised draft is the LQ exceedance limit. Dangerous goods that are transported in LQ, including packaging, cannot exceed 1000kg.

Chapter three also discusses important information on shipping requirements. The shipper is required to provide a report to the carrier that includes the results of performance testing that was done on the packages. The report must meet the requirements of the “highway transport of dangerous goods packaging inspection and safety norms” (GB 19269). If the package is in EQ, the report must meet the requirements of the “EQ of dangerous goods and packaging requirements” (GB 28644.1) and if the package is in LQ, the report must meet the requirements of the “LQ of dangerous goods and packaging requirements” (GB 28644.2). The shipper must also designate the following:

• The number of dangerous goods in EQ or LQ;
• The number of EQ packages; and
• The number and total gross weight of LQ packages.  

In addition to shipping stipulations, an employer who is shipping dangerous goods must also follow training requirements. Employers are required to train relevant employees on safe road transport of dangerous goods that are in EQ and LQ. The employer is also required to keep a record of these trainings. The training records must be maintained and kept for 12 months after an employee leaves the company.   

A public consultation has been launched, seeking comments on these changes. The consultation period ends on July 28, 2016.

by Brittany Tofinchio Palmer

In August of 2014, Turkey’s Ministry of Environment and Urbanization (MoEU) drafted the KKDIK (Turkey REACH) regulation in regards to registering all substances manufactured in Turkey or imported into Turkey with a volume above one ton per year. The text of the regulation that Turkey intends to promulgate remains the same as the initial document released in 2014, and almost mirrors the EU’s REACH Regulation. Key parts of KKDIK are as follows:

• Registration target – all substances manufactured or imported in volumes greater than one ton per year;
• Registration period – December 31, 2015 – December 31, 2018; and
• Registration assessment – completed by a certified risk assessor.
  

As stated above, the regulation provides a proposed registration deadline of December 31, 2018. Turkey intends to pass the KKDIK regulation in the last quarter of 2016. However, if there are additional delays in passing and issuing the regulation, the registration and other compliance dates are likely to change.