Material Safety Data Sheet (MSDS) Requirements under K-OSHA

Are you planning to export chemical products to South Korea?

All chemical products destined for export to South Korea must comply with the Material Safety Data Sheet (MSDS) regulations under the Occupational Safety and Health Act (K-OSHA) as well as K-REACH, unless they are exempted. In 2021, the MSDS regulations under K-OSHA were comprehensively revised, including provisions for protecting trade secrets for overseas manufacturers and mandating that all MSDSs be submitted to the government.

Here’s what you need to be aware of:

  • Submission to the Ministry of Employment and Labor has become mandatory. MSDS for products distributed in Korea before January 16, 2021, have a grace period based on tonnage, and it is mandatory to submit them within this period.
    • Products distributed in the Korean market after January 16, 2021, must be submitted before manufacture/import.
    • For products distributed in the Korean market before January 16, 2021, that are less than 1 ton, there is still a grace period until January 16, 2026. For all other tonnages, the MSDS has already been submitted to the Ministry of Employment and Labor (MOEL).
  • A new provision has been established regarding the appointment of foreign manufacturers, making it easier to implement MSDS regulations through the appointment of an OR.
  • If it is necessary to protect constituents by using a generic name for trade secret reasons, prior approval from the MOEL must be obtained
Substances/Mixtures Not subject to MSDS regulation under K-OSHA

On the other hand, not all products exported to Korea are subject to the MSDS requirement. If they are governed by other laws, they are excluded from preparation and submission. Chemical substances or chemical products intended for research and development are exempt only from submission to the government.

To be exempt from the preparation and submission requirements, you will need to carefully review the relevant laws and may need to contact the MOEL for a clear determination.

In particular, among the chemical products used in daily living spaces such as homes, offices, and multi-use facilities that may cause exposure to chemicals to humans or the environment, the household chemical products designated and notified by the Minister of Environment, such as coatings and laundry detergents, are exempt from the preparation and submission of MSDS, but are subject to safety confirmation that must be confirmed by K-BPR. There are currently 44 items subject to safety confirmation, and products of these items that only have an MSDS without a report or approval number will be denied customs clearance.

K-OSHA’s scope is clearly defined by law, and it is essential for worker health management. Therefore, it is important to minimize legal risks by ensuring compliance with the preparation and submission requirements.

Need Support?

REACHLaw Korea is happy to provide you with K-OSHA related support. Contact us at kreach@reachlaw.fi.

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