Regulations for Governing Designating and Handling of Priority Management Chemicals

2021-11-05
播放模式
手機睡眠
語音選擇
Article 1
These Regulations are prescribed in accordance with Paragraph 3, Article 14 of the Occupational Safety and Health Act (hereinafter referred to as the "Act").
Article 2
Priority Management Chemicals prescribed by these Regulations are as follows:
1. Hazardous chemicals as defined in Subparagraph 3, Paragraph 1, Article 29 and Subparagraph 5, Paragraph 1, Article 30, as specified in Appendix 1.
2. Chemicals which are classified as any of the following categories according to the R.O.C. National Standards (CNS) 15030, and designated and announced by the central competent authority as follows:
(1) Carcinogen, mutagen or reproductive toxicant;
(2) Respiratory sensitization, Category 1;
(3) Serious eye damage/eye irritation, Category 1;
(4) Specific target organ systemic toxicity-repeated exposure, Category 1.
3. Chemicals possessing physical hazards or health hazards according to the R.O.C. National Standards (CNS) 15030, and designated and announced by the central competent authority.
4. Others designated and promulgated by the central competent authority.
  • Appendix 1.pdf
  • Appendix 1.docx
Article 3
Terms used in these Regulations are as follows:
1. Operating: the act of manufacturing, importing, supplying of chemicals, or providing for workers to handle or use.
2. Operators: refer to the manufacturers, importers, suppliers or employers who engage in the activities pursuant to the preceding Subparagraph.
3. Handling: means the act of processing, placing or storing chemicals.
4. Maximum aggregate operating quantity: refers to the maximum quantity of chemicals present in an operating site at any one time of the same year.
Article 4
These Regulations shall not apply to the following items:
1. Industrial waste;
2. Tobacco or tobacco products;
3. Food, beverages, drugs, cosmetics;
4. Manufactured articles;
5. General domestic consumer products not for industrial uses;
6. Fire extinguishers;
7. Intermediate products undergoing chemical reactions in reactors or processes;
8. Others designated and promulgated by the central competent authority.
Article 5
For the priority management chemicals which are designated and promulgated as Controlled Chemicals by the central competent authority, the operators shall comply with the Regulations Governing Designation and Handling Permission of Controlled Chemicals.
Article 6
Operators shall file reports for the following priority management chemicals according to Paragraph 2, Article 14 of the Act:
1. Operating the priority management chemicals prescribed by Subparagraph 1, Article 2.
2. Operating the priority management chemicals prescribed by Subparagraph 2, Article 2, where the concentration and the annual aggregate quantity of any operating activity meet the requirement specified in Appendix 2.
3. Operating the priority management chemicals prescribed by Subparagraph 3, Article 2, where the maximum aggregate operating quantity meets the threshold as specified in Appendix 3; and for the other chemicals present in the same operating site, although the maximum aggregate operating quantity does not meet the threshold specified in Appendix 3, such chemicals should also be reported.
4. Operating two or more priority management chemicals prescribed by Subparagraph 3, Article 2; where the maximum aggregate operating quantity of the individual chemical does not reach the threshold as specified in Appendix 2, but the sum derived in accordance with the following formula is greater than or equal to 1, the operators shall still file reports:
sum=
(Maximum aggregate operating quantity of chemical A)
-----------------------------------------------------------------
(Appicable threshlod for hazard classification of chemical A)

(Maximum aggregate operating quantity of chemical B)
-----------------------------------------------------------------+......
/(Appicable threshlod for hazard classification of chemical B)
5. Others designated and promulgated by the central competent authority.
For the priority management chemicals prescribed in the Subparagraphs of the preceding Article which are in different concentrations, but possess the same hazardous ingredients, purposes of usages, and hazardous properties, to calculate the maximum operating quantity and the annual operating quantity, the amount shall be added together.
Calculation for the chemicals prescribed in Subparagraph 3 and Subparagraph 4 of Paragraph 1 shall be made in the following ways:
1. If the maximum aggregate operating quantity of the priority management chemical is equal to or less than 2 percent of the threshold, reports may be exempted and calculation of the sum may be ignored for the purposes of calculating the total quantity present.
2. In the case of chemical with two hazardous properties or more classifications, the lowest threshold shall apply.
  • Appendix 2.pdf
  • Appendix 2.docx
  • Appendix 3.pdf
  • Appendix 3.docx
Article 7
For the priority management chemicals in the preceding Article, operators shall report the following information to the central competent authority for recordation:
1. Basic information of operators, as specified in Appendix 4;
2. Information on operating of the priority management chemicals, as specified in Appendix 5;
3. Other information designated and promulgated by the central competent authority.
The report of the preceding Paragraph shall be filed within the period prescribed as follows:
1. If the number of workers is greater than or equal to 100, the operator shall file the report within 6 months of the effective date as announced by the central competent authority;
2. If the number of workers is less than 100, the operator shall file the report within 18 months of the effective date, as announced by the central competent authority.
Operators shall file another report to the central competent authority between April and September each year following the year for which the report was first filed.
The operating information reported pursuant to the first paragraph and the preceding paragraph shall be with respect to the preceding calendar year on which date a report was filed.
  • Appendix 4.pdf
  • Appendix 4.docx
  • Appendix 5.pdf
  • Appendix 5.docx
Article 8
An operator filing the report pursuant to the preceding Article shall register on the designated information website in accordance with the methods published by the central competent authority.
Article 9
An operator, having the fact of operating the priority management chemicals after the report period as prescribed by Paragraph 2, Article 7, shall file reports pursuant to Paragraph 1, Article 7, within 30 days from the date of occurrence of the fact. Following the year for which the report was first filed, the operator shall file another reports pursuant to Paragraph 3, Article 7.
Information to be reported pursuant to the preceding paragraph may not include the actual operating information as specified in Appendix 5 of Article 7.
  • Appendix 5.pdf
  • Appendix 5.docx
Article 10
When the central competent authority deems it necessary to supplement other operating information to assess the exposure risk of the priority management chemicals, it may designate the operator, within the time limit specified, to complete the supplementary operating information form, as specified in Appendix 6, and register thereof on the designated information website.
  • Appendix 6.pdf
  • Appendix 6.docx
Article 11
If the report filed by the operator contains any of the followings, within 30 days from the date a change occurs, the operator shall file the change as specified in Appendix 7, and register the change on the designated information website:
1. A change to the name of the operator, the responsible person, the name or address of the operating site;
2. Other circumstances as designated by the central competent authority.
  • Appendix 7.pdf
  • Appendix 7.docx
Article 12
If an operator filing the report meets one of the following circumstances, the operator will be fined by the central competent authority in accordance with Article 43 of the Act.
1. False or misleading information;
2. Where the operator is notified to furnish information for the incorrect or incomplete information, within a prescribed time period, but fails to do so.
3. Where the operator does not comply with Article 6 to Article 11, and is notified to make correction within a prescribed time period, but fails to do so.
Article 13
These Regulations shall take force from the date of promulgation, with the exception of Article 6 to Article 9, which shall take force from 1 April 2022.