History

These Regulations have been enacted in accordance with the provisions of article 7 Paragraph 2 of the Labor Safety and Health Act.

The dangerous and harmful materials designated in these regulations (referred to as hazardous materials) are:
1.Those listed in Attachment 1 of these Regulations.
2.In addition to Attachment 1, chemicals that possess physical hazards or health hazards as specified in National Standards CNS 15030 Classification and Labelling of Chemicals.
3.Any others designated by the Competent Authority of the Central Government.

Terminology used in these Regulations:
1.Manufactured article: means a manufactured item formed to a specific shape or design during manufacture, and the final use of which is entirely or partially determined by the specified shape or design, and during normal usage, will not release hazardous materials.
2.Containers: means any bag, cartridge, bottle, box, can, barrel, reactor, storage tank, piping system or any other container that can hold hazardous materials, but it does not include engines, fuel tanks or other operation system in a transportation vehicle.
3.Manufacturer: means the enterprise that manufactures hazardous materials for wholesale, retail, process, or use.
4.Supplier: means the enterprise that imports, exports, wholesales, or retails hazardous materialss.

The provision of these rules does not apply to:
1.Hazardous industrial waste.
2.Tobacco or tobacco products.
3.Food, beverages, drugs, cosmetics.
4.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 by the Competent Authority of Central Government.

Employer shall conspicuously label the following items on those containers containing hazardous materials in accordance with the classification and hazard pictograms prescribed by Attachment 2, and with the format of Attachment 3 that shows the labels with following items, using Chinese characters as standard, and foreign languages as supplement if necessary:
1.Hazard Pictograms
2.Content including:
(1)Name.
(2)Hazardous ingredients.
(3)Signal Word.
(4)Hazard Statements
(5)Precautionary Statements
(6)Name, address, and telephone number of manufacturer or supplier.
If the hazardous materials inside the containers indicated above are mixtures, the hazardous ingredients should be indicated on the labels are the danger or harmful materials within the mixture, in accordance with National Standards CNS 15030 Classification and Labelling of Chemicals along with all of the ingredients possess physical hazard or health hazards.
If the hazardous materials can not be classified in accordance with the Attachment 2, the container that shall be labelled as prescribed in Paragraph 1 may only be labelled with the information specified in Item 2 of Paragraph 1.
If the volume of the container is 100ml or less, the container that shall be labelled as prescribed in Paragraph 1 may only be labelled with the name, hazard pictograms, and signal word.

For mixtures as prescribed in Paragraph 2 of the preceding Article, the Employer shall label the container based on the hazardous properties after mixing.
The hazardous properties as defined in the preceding paragraph are:
1.If a mixture has been tested as a whole, use the results of the testing.
2.Unless the hazards of mixtures have been supported by scientific proofs, the health hazards and hazards of a mixture that has not been tested as a whole shall be assessed using scientific data in accordance with the methods for classifying mixtures set out by National Standards CNS 15030 Classification and Labelling of Chemicals. The physical hazards of flammable, explosive, and reactive properities shall be evaluated using scientifically valid data.

The labelling of hazardous substances such as agrochemicals, environmental chemicals, and radioactive substances, are subject to the provisions of other existing regulations.

The shape of the hazard pictograms as part of the label prescribed in article 5 is a 45 degrees vertical square, and it must be sized so that it can be clearly recognized. The symbols should be in black with white background, and the red frame of the symbol shall be wide enough to have sufficient warning effect.

Employer may not need to label one of the following containers containing hazardous materials:
1.Inner container inside a labelled external one and is served as internal lining that will not be taken out.
2.External container with a labelled inner container and the label is visible from outside.
3.Portable container with its hazardous materials transferred from labeled containers by a worker and only used immediately by the same worker during the shift.
4.Hazardous materials transferred from labelled containers only for the identified laboratory use to conduct experiments or research.

For one of the following containers containing hazardous materials, the employer may install a placard with the information specified in Paragraph 1 of article 5 in an obvious location instead of labelling the containers. For a piping system, however, labelling may be substituted by hanging an application plate or by painting the pipelines with specified identification color or symbols:
1.Several containers which contain the same type of hazardous material and are stored in the same location.
2.Ducting or piping systems.
3.Chemical equipment such as reactor, distillation tower, absorption tower, extractor, blender, precipitator, heat exchanger, measuring tank, or storage tank.
4.Equipment such as cooling devices, stirring devices, or compression devices.
5.Conveying apparatus.
When installing the placard with information specified in Items 2 through 5 of the preceding paragraph, if the name, address, and telephone number of the manufacturer may change frequently but the Material Safety Data Sheet (MSDS) is available, the information required under Paragraph 2 (6), Paragraph 1 of article 5 may be exempted.

When transporting containers containing hazardous materials within the work site. , the employer does not need to duplicate the labelling prescribed in Attachment 2 for containers that have already been labelled in accordance with applicable transport laws and regulations. However, the containers must be labelled in accordance with these regulations while workers are engaging in operations involving loading, unloading, transporting, handling, or utilization of hazardous materials.

For containing hazardous materials or meet the concentration limits specified in Attachment 4, an employer shall provide to workers a Materials Safety Data Sheet (MSDS) in accordance with Attachment 5 with safety and health precaution information.

The manufacturer or supplier shall prepare and make available a Material Safety Data Sheet for each hazardous material prescribed in the preceding Article. If the substance is a mixture composed of two hazardous materials or more, the Material Safety Data Sheet (MSDS) shall be prepared based on its hazardous properties after mixing.
The hazardous materials prescribed in the previous paragraph shall be listed by their chemical name, and the methods of hazardous classification of mixtures is as follows:
1.If a mixture has been tested as a whole, use the results of the testing.
2.Unless the hazards of mixtures have been supported by scientific proofs, nor the health hazards of a mixture that has not been tested as a whole， shall be assessed using scientific data in accordance with the standards for classifying mixtures set out by National Standards CNS 15030 Classification and Labelling id Chemicals, and the physical hazards of flammable, explosive, and reactive properties shall be evaluated using scientifically valid data.

When several mixtures indicated in the preceding article are in the same group of materials with different concentrations, but the same hazardous components, usage, and hazardous classifications, a same Material Safety Data Sheet (MSDS) can be used, but the different names of the materials should be clearly noted.

An employer shall check the accuracy of the Material Safety Data Sheet (MSDS) based on the actual circumstances, and update the content, dates, and versions as needed. The records of updating shall be kept for three years.

After a vehicle carrying hazardous materials enters a working site, an employer's trained personnel shall confirm that the materials are labelled and Material Safety Data Sheets (MSDS) in accordance with these regulations before loading, unloading, moving, handling or using the materials.
The applicable training indicated in the preceding paragraph includes general health and safety training for manufacturing, handling, or using of hazardous materials, as well as applicable curricula for specialized training of dangerous goods transport personnel designated by the Central Government Transportation Competent Authority.

In order to ensure that workers have accurate information about hazardous materials and thereby prevent occupational disasters, the employer shall adopt the following mandatory measures:
1.Designate a hazardous materials communication plan based on actual circumstances, review and update promptly, and implement correctly according to the plan. The record of implementation shall be kept for three years.
2.Prepare an inventory of hazardous materials which shall include the name of the hazardous material, synonyms, the Material Safety Data Sheet (MSDS) index number, the manufacturer or supplier's name, address, and telephone number, usage data, and storage data. Refer to Attachment 6 for the format.
3.Place Material Safety Data Sheet(s) of hazardous materials at an easily accessible location at the work site.
4.Provide education and training to workers on the manufacturing, handling, or usage of hazardous materials. The curriculum content and hours of education and training shall be administered in accordance with the Labor Safety and Health Education and Training Regulations.
5.Any other measures needed to ensure the accuracy of hazardous substances information been provided to workers.
The hazardous material communication plan prescribed in Item 1 of the preceding paragraph shall include the plan, administration, record, and correcting measures of hazardous material inventory, Material Safety Data Sheet(s), label(s), and hazardous material training.

A Material Safety Data Sheet shall be provided by a manufacturer or supplier that sells or supplies hazardous materials, or materials meet the concentration limits specified in Attachment 4.

The employer that withholds the name, concentration or manufacturer's as well as supplier's name of a hazardous ingredient for the necessity of national security or trade secret protection purposes, shall provide the following written documentation to the Labor Inspection Agency which will then submit it to the Competent Authority of the Central Government for approval:
1.Documents that prove such information have been identified as a national security or a trade secret cause.
2.Counter measures undertaken to protect information of national security or trade secrets.
3.Financial benefits of the information to the applicant and the competitors.
When the Competent Authority of the Central Government reviews the submission as prescribed in the preceding Paragraph, scholars and experts may be invited for comments before ruling decisions.

The Competent Authority, Labor Inspection Agency or medical doctors may request the enterprise to provide the name, concentration or manufacturer's as well as supplier's name of the hazardous ingredient when there is a need in conducting their duties. The enterprise shall not deny the request.

Employers shall handle the labelling for ships, aircraft, or vehicles transporting hazardous materials in accordance with related transportation laws and regulations.

Employers shall handle the labelling of radioactive substances and materials hazardous to the environment listed in National Standards CNS 15030 Classification Labelling of Chemicals in accordance with laws and regulations related to ionizing radiation and environmental protection.

The effective date of hazardous materials designated in article 2 of these regulations shall be announced by the Competent Authority of the Central Government.

The date of promulgation of these regulations shall be determined by the Competent Authority of the Central Government.