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    In a world where country legislation, regulation, and policy are vastly different, the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) strives to bring countries together to “speak the same language” when labeling their products in commerce and sets a universal hazard communication standard. This system ensures that every GHS label speaks the same language globally, enhancing safety and compliance.

    In this article, we help you to understand what the GHS is not, what it is, and how to prepare for regulatory changes. Key takeaways and predictions are provided to keep you at the forefront of compliance and sustainability.

    What the GHS is not 

    Let’s start by talking about what the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) is not.  

    It is not:  

    • Legislation that is directly enforceable  
    • A regulation that is directly enforceable  
    • A EU Directive that must be transposed into law 
    • Any legal instrument that is specific to any nation

    However, GHS does serve as a foundational guide for chemical data reporting across different jurisdictions.

      

    So, what is the GHS?  

    It is a system, formed at the United Nations level, that takes on the challenge of addressing chemical hazards in the global society in which we live. The GHS does so by separating out chemicals according to their hazard type and standardizes the language in which these hazards are communicated worldwide (e.g., Safety Data Sheets, Labelling).   

    The GHS is ambitious. Although the GHS, itself, is not enforceable, you can think of it as the maypole in which enforceable requirements are interlaced. Think of the maypole strings as individual regulations, perhaps for the U.S., a E.U. country, or a APAC country. The concept behind this system is that countries will adopt local requirements for hazard communication, labeling, and Safety Data Sheets (SDSs) that originate from the GHS, in accordance with global markets and expectations.  

    The overarching GHS goal is admirable and helpful to the regulated community. The greater number of countries that implement the GHS, the more confidence a manufacturer has that its products comply with the requirements that span a large number of jurisdictions. 

    How is the GHS implemented?    

    There are many layers to how the GHS is implemented internationally. 

    At the core of GHS implementation are the international treaties that guide the use of GHS compliant hazardous material labels. These labels are crucial for maintaining consistency and safety in chemical handling and transport.

    LAYER 1: International requirements based on treaties  

    In order to understand how the GHS is implemented, it is best to start with the international constructs at play. Within the categories of transport of dangerous goods, pesticide management, occupational safety and health, characterization of wastes, and prevention of and response to accidents involving hazardous substances (including industrial accidents), there are various treaties and agreements mentioned that help to implement the goals of the GHS.  

    Indeed, international requirements are based on treaties and organizations such as the Convention on International Civil Aviation, the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the Basel Convention, the International Labour Organization (ILO), OECD legal instruments and more.  

    LAYER 2: Regional Requirements  

    The four (4) regions identified on the UN’s website on the GHS are:  

    • The European Union and European Economic Area  
    • The Eurasian Economic Union  
    • The ANDEAN Community  
    • MERCOSUR 

    Countries that fall into these distinct regions must follow the Directives and regulations laid out by these regions. Although the UN provides a country-by-country analysis, it becomes evident when looking at country summaries that the EU members default to the regional requirements, particularly when one considers that a EU regulation automatically applies to (binds) each EU member. 

    EU Legislation: Status – Active  

    The core EU legislation that relates to the GHS is as follows: 

    • Regulation (EC) No 1272/2008 (CLP Regulation) – supply and use sectors 
    • REACH Regulation (EC) 1907/2006, Commission Regulation (EU) 2015/830 (for SDSs) – supply and use sectors  
    • Directive 2008/112/EC – supply and use sectors 
    • Regulation (EC) 1336/2008 – supply and use sectors 
    • Directive 2008/68/EC – transport of dangerous goods within or between the Member States of the EU  

     

    Eurasian Economic Union: Status – Pending (anticipated implementation date was December 01, 2022 – information provided below was updated 01.22.2021).   

    The core Eurasian legislation that relates to GHS is as follows:  

    • TR EAEU 041/2017 

     

    Andean Community: Status – Active  

    The core Andean legal authority that relates to GHS is as follows:  

    • Decision 837 of 29 April 2019 – transport of dangerous goods  
    • Resolution N2075 of 2 August 2019 – pesticides of agricultural use  

     

    MERCOSUR: Status – Active 

    The core MERCOSUR legal authority that relates to GHS is as follows:  

    • The agreement on the inland transport of dangerous goods as updated by Decision 15/2019 of 4 December 2019 – transport of dangerous goods  

     

    LAYER 3: Country-Specific Requirements 

    The third layer consists of country-specific requirements. Countries such as France and Germany, which are part of the regions listed in Layer 2, have country-specific requirements that mirror those of the region.  

    For countries that are not part of one of the four regions listed above in Layer 2, such as Japan and the U.S. there are unique requirements.  

    For Japan, the legal authority includes legislation such as: the Industrial Safety and Health Law (ISHL), the Law concerning Pollutant Release and Transfer Register (PRTR) and Safety Data Sheet (SDS) systems, the Chemical Substances Control Law (CSCL), and the Poisonous and Deleterious Substances Control Law (PDSCL).  

    The core Japanese requirements that are implemented and are consistent with the GHS are:  

    • Marine and Air regulations that follow the UN Model Regulations on the Transport of Dangerous Goods – transport of dangerous goods 
    • JIS Z 7252:2019 – workplace  
    • JIS Z 7253:2019 – workplace 
    • International cooperation such as the ASEAN-Japan Chemical Safety Database (AJCSD) and a memorandum of cooperation and final project in coordination with the country of Vietnam. 

    The U.S. regulations that relate to the GHS are vast:  

    For more information on changes to the U.S. HCS, please see here. 

    For more information on country-specific requirements, please see here. 

    Key Takeaways and Predictions  

    To achieve successful product stewardship, consistency is key. The GHS framework aids in harmonizing chemical data reporting and ensures that GHS compliant hazardous material labels are used across borders, paving the way for safer global trade.

    1. Product stewardship is most successful when there is consistency. The GHS aims to provide uniformity between countries when it comes to labeling chemicals by hazard. Many countries are “harmonizing” their regulations to the GHS for this purpose. You should be prepared: keep track of new requirements that modify labeling and SDS requirements in the countries in which you operate. Recent changes in the U.S. are a good example of what is to come.
    2. As new scientific information becomes available, labeling could be affected. For example, new regulations are popping up everywhere for the control of per – and polyflouroalkyl (PFAS) chemicals. New labels may be required to contain information on new classes of chemicals such as PFAS. You will need to stay alert to new regulated chemicals that affect your product labeling, and eventually, the chemical composition of your products.  
    3. Communicating hazards comes from the top and trickles down to specific countries. The structure of the GHS teaches us that policy change and direction can, indeed, stem from an international level and affect specific country requirements. In addition, binding requirements can arise from non-binding systems such as the GHS. Thus, it is not enough to simply look at local requirements. In order to be compliant, you must see the “big picture”. 

    As industries increasingly adopt the GHS, adhering to the hazard communication standard becomes critical. Implementing consistent GHS labels not only meets regulatory requirements but also fosters a safer, more informed global market.

    If you have questions about GHS or want to know more about how the GHS will affect your products and processes, contact us today.