WEBVTT 1 00:00:00.296 --> 00:00:01.997 Safer Chemicals Podcast. 2 00:00:02.737 --> 00:00:04.859 Sound science on harmful chemicals. 3 00:00:08.521 --> 00:00:10.082 The project had two key goals. 4 00:00:11.022 --> 00:00:16.905 The first goal was to check whether the new requirements are complied with. 5 00:00:17.586 --> 00:00:24.950 And the second goal was to look at the quality of the information in the safety data sheets. 6 00:00:26.050 --> 00:00:28.292 Safety data sheets - 7 00:00:30.041 --> 00:00:39.306 35 % had something missing or the information was incorrect or the safety data sheets were not provided at all. 8 00:00:40.287 --> 00:00:44.970 But there's a good side of the project, 9 00:00:45.030 --> 00:00:50.873 which we found that 95 % of the suppliers actually provide the safety data sheets, 10 00:00:51.273 --> 00:00:53.255 which means the system is working. 11 00:00:54.255 --> 00:00:55.316 This enforcement project 12 00:00:55.536 --> 00:01:12.123 has shown us that there is visible progress in compliance of safety dead sheets but there is still room for improvement. In the past we saw non-compliance rates as high as 52 %, today the non-compliance rate is at 35 % of the checked safety date sheets. Improvement 13 00:01:12.223 --> 00:01:23.428 is visible and the industry has clearly made efforts to provide better information. However, after three decades of implementing the safety date sheets the non-compliance rate should be much lower than that. 14 00:01:24.328 --> 00:01:27.970 Availability and quality of information remain a frequent issue. 15 00:01:28.910 --> 00:01:35.853 Suppliers should provide safety data sheets with high-quality information so that workers can use hazardous chemicals safely. 16 00:01:37.474 --> 00:01:41.696 Welcome to the European Chemicals Agency's Safer Chemicals podcast. 17 00:01:42.156 --> 00:01:42.796 I'm your host, 18 00:01:43.096 --> 00:01:43.817 Päivi Jokiniemi. 19 00:01:44.957 --> 00:01:50.940 Today we talk about one of the core tools for chemical safety in the workplace - safety data sheets. 20 00:01:51.672 --> 00:01:54.514 They contain information on how to safely handle, 21 00:01:54.914 --> 00:01:56.995 store and dispose of chemicals. 22 00:01:57.816 --> 00:02:05.900 It is the responsibility of the supplier to provide safety data sheets to their customer when selling hazardous chemicals or mixtures. 23 00:02:07.241 --> 00:02:08.362 In 2021, 24 00:02:08.782 --> 00:02:15.125 new requirements for safety data sheets were introduced under the REACH Regulation and during 2023, 25 00:02:15.166 --> 00:02:19.448 ECHA's Enforcement Forum carried out an EU-wide project to check if companies are following these updated rules. 26 00:02:23.211 --> 00:02:29.596 The new requirements mean companies need to provide clearer and more detailed safety information. 27 00:02:30.357 --> 00:02:31.097 They must include, 28 00:02:31.137 --> 00:02:31.758 for example, 29 00:02:32.098 --> 00:02:38.323 the Unique Formuladentifier for each product and mention any nano-sized particles in a chemical. 30 00:02:39.204 --> 00:02:49.072 Safety data sheets also need to flag any risks related to hormone disruption and include specific concentration limits and acute toxicity estimates. 31 00:02:50.220 --> 00:02:54.403 This information will help companies and workers to handle chemicals safely. 32 00:02:55.845 --> 00:03:00.128 My guests today are Abdulqadir Mohamad Suleiman, 33 00:03:00.749 --> 00:03:04.312 the Norwegian alternate member of ECHA's Enforcement Forum, 34 00:03:04.892 --> 00:03:08.555 and the chair of the working group managing this enforcement project. 35 00:03:09.256 --> 00:03:10.817 And also Maciej Baranski, 36 00:03:11.317 --> 00:03:14.099 leading the Harmonised Enforcement team here at ECHA. 37 00:03:14.660 --> 00:03:16.902 And this team has contributed also to the project. 38 00:03:17.442 --> 00:03:18.423 Thank you for joining us. 39 00:03:19.384 --> 00:03:19.664 Thank you 40 00:03:19.684 --> 00:03:20.284 for having us. 41 00:03:20.945 --> 00:03:21.566 Pleasure to be here. 42 00:03:21.606 --> 00:03:21.906 Thank you. 43 00:03:22.486 --> 00:03:26.189 So before we go into the details of the project and its findings, 44 00:03:26.570 --> 00:03:30.673 let's hear what our stakeholders say about the importance of safety data sheets. 45 00:03:31.554 --> 00:03:33.015 We'll start with Marko Sušnik, 46 00:03:33.295 --> 00:03:34.116 who represents 47 00:03:34.476 --> 00:03:35.317 SME United, 48 00:03:35.757 --> 00:03:40.581 an employer's organisation for crafts and small and medium-sized companies. 49 00:03:41.862 --> 00:03:47.987 I would say the most important aspect of safety data sheets is that these should be a part of the product. 50 00:03:48.007 --> 00:03:48.527 So basically, 51 00:03:48.607 --> 00:03:49.188 if you get 52 00:03:49.592 --> 00:03:53.515 a chemical with a safety data sheet that is not okay, 53 00:03:54.196 --> 00:03:57.218 the product chemical is basically broken. 54 00:03:57.358 --> 00:03:58.179 And as a user, 55 00:03:58.519 --> 00:03:59.300 as a downstream user, 56 00:03:59.520 --> 00:04:08.328 you should complain to your supplier because simply safety data sheets are a very important tool and they should be treated like that. 57 00:04:09.248 --> 00:04:13.732 They should be handled by the suppliers like that and they should be expected by the downstream users like that. 58 00:04:14.332 --> 00:04:16.454 And we've seen over the years with REACH, 59 00:04:16.574 --> 00:04:18.456 and here we see a very important role with REACH, 60 00:04:18.892 --> 00:04:24.377 that safety data sheets have improved a lot and we are confident they will improve even more. 61 00:04:25.017 --> 00:04:26.298 We see some difficulties, 62 00:04:26.699 --> 00:04:28.060 but I think that's manageable. 63 00:04:28.440 --> 00:04:31.142 Extended safety data sheets are a bit too complicated, 64 00:04:31.603 --> 00:04:32.283 but as I said, 65 00:04:32.824 --> 00:04:33.284 we can, 66 00:04:33.545 --> 00:04:34.325 I'm pretty sure, 67 00:04:35.046 --> 00:04:36.767 solve that also in the coming years. 68 00:04:37.288 --> 00:04:39.630 We also asked the same question from Tony Musu, 69 00:04:39.930 --> 00:04:45.815 who represents the European Trade Union Institute that is protecting workers'interests in Europe. 70 00:04:46.295 --> 00:04:46.916 Let's have a listen. 71 00:04:47.688 --> 00:05:06.820 So the safety data sheets are extremely important for the health and safety of workers that are exposed to hazardous substances because they contain information that can help the employers to do the risk assessment that they need to do. 72 00:05:07.656 --> 00:05:07.976 Also, 73 00:05:08.737 --> 00:05:12.921 under the workers protection legislation and the OSH legislation, 74 00:05:12.961 --> 00:05:15.984 there is this mandatory risk assessment. 75 00:05:16.584 --> 00:05:17.145 And of course, 76 00:05:17.145 --> 00:05:18.186 the safety data sheets, 77 00:05:18.526 --> 00:05:26.373 they contain risk management measures that are really helpful for the employers to do the risk assessment, 78 00:05:26.393 --> 00:05:33.360 but also to propose the measures that are needed to ensure safe use of the chemicals at the workplace. 79 00:05:33.920 --> 00:05:34.420 Of course, 80 00:05:34.520 --> 00:05:40.942 the safety data sheets are now more complex compared to the pre-REACH time. 81 00:05:41.382 --> 00:05:51.265 And so it means that workers need to be trained in order to best use the information that are available in the safety data sheet. 82 00:05:51.705 --> 00:05:59.988 So both Marko and Tony echo that safety data sheets are central to the protection of workers and the environment. 83 00:06:01.036 --> 00:06:03.618 What are your initial reactions to these comments? 84 00:06:04.559 --> 00:06:05.360 Abdulqadir? 85 00:06:06.841 --> 00:06:10.644 I agree totally with both what they've said. 86 00:06:11.104 --> 00:06:26.597 And I think it's more interesting that SME United is preoccupied with safety data sheets and that they want improvement to that because we know the small and medium-sized enterprises have difficulties in preparation and in use of safety data sheets. 87 00:06:26.857 --> 00:06:27.598 And at the same time, 88 00:06:27.618 --> 00:06:30.060 when you have the trade unions also 89 00:06:30.464 --> 00:06:32.465 advocating for improving of safety data sheets, 90 00:06:32.545 --> 00:06:34.246 I think it's a positive development. 91 00:06:35.606 --> 00:06:36.046 And Maciej? 92 00:06:36.807 --> 00:06:36.947 Well, 93 00:06:36.987 --> 00:06:37.807 I fully agree with 94 00:06:38.167 --> 00:06:41.088 Tony and Marko about the importance of the safety data sheets. 95 00:06:41.148 --> 00:06:44.870 They are as relevant to the safety of workers as they were 30 years ago. 96 00:06:45.450 --> 00:06:45.770 However, 97 00:06:45.810 --> 00:06:46.871 as a result of this project, 98 00:06:46.891 --> 00:06:49.152 we still see the significant compliance problem. 99 00:06:50.112 --> 00:06:51.873 So during 2023, 100 00:06:52.293 --> 00:06:53.774 inspectors from altogether 101 00:06:54.134 --> 00:06:59.676 28 countries of the European Economic Area did checks covering over 1 000 102 00:07:00.044 --> 00:07:00.784 distributors, 103 00:07:01.384 --> 00:07:05.386 650 downstream users and 700 manufacturers, 104 00:07:05.466 --> 00:07:06.346 as well as nearly 105 00:07:06.826 --> 00:07:08.867 150 importers. 106 00:07:09.927 --> 00:07:16.789 So the goal was to find out if companies had updated their safety data sheets following these new requirements. 107 00:07:18.109 --> 00:07:18.850 Now finally, 108 00:07:19.450 --> 00:07:20.510 let's get to the results. 109 00:07:20.690 --> 00:07:21.470 What can you tell us? 110 00:07:22.451 --> 00:07:24.411 There were two main objectives of the project. 111 00:07:25.111 --> 00:07:26.892 The primary goal was completeness 112 00:07:27.152 --> 00:07:28.873 check and what is completeness check? 113 00:07:28.913 --> 00:07:33.015 It means that you check if the required information is provided in the safety data sheet. 114 00:07:33.615 --> 00:07:35.516 That is to check completeness. 115 00:07:36.216 --> 00:07:41.258 We checked the requirements which came into force from 1 January 2023. 116 00:07:41.278 --> 00:07:48.461 Then the secondary goal was to check at the quality of the content because if the content is not of good quality, 117 00:07:48.501 --> 00:07:50.342 then it doesn't help much. 118 00:07:50.342 --> 00:07:50.782 Overall, 119 00:07:51.382 --> 00:07:54.884 there were 35 % safety data sheets which were 120 00:07:55.444 --> 00:07:56.524 among those which were checked, 121 00:07:56.584 --> 00:07:58.565 which were reported non-compliant. 122 00:07:59.125 --> 00:08:01.646 The non-compliance cover a wide range of things. 123 00:08:01.666 --> 00:08:03.146 It could be missing information. 124 00:08:03.206 --> 00:08:05.207 It could be information that is not correct. 125 00:08:05.267 --> 00:08:09.388 It could be information that the inspectors found implausable. 126 00:08:10.728 --> 00:08:14.249 It could be the case where the safety data sheets were not provided at all. 127 00:08:15.609 --> 00:08:18.630 Those were the findings of the non-compliant safety data sheet. 128 00:08:19.811 --> 00:08:20.111 However, 129 00:08:20.171 --> 00:08:23.832 when it comes to specifically availability of the safety data sheets, 130 00:08:24.172 --> 00:08:25.072 the project found that the suppliers nearly always provide the safety data sheets where they are required. 131 00:08:32.555 --> 00:08:33.075 Only about 132 00:08:33.636 --> 00:08:40.079 4 % of the cases controlled were safety data sheets not actively provided. 133 00:08:40.559 --> 00:08:43.760 This means that the system of information flow is working. 134 00:08:44.621 --> 00:08:44.901 And that's, 135 00:08:44.921 --> 00:08:45.261 of course, 136 00:08:45.301 --> 00:08:45.741 good news. 137 00:08:46.381 --> 00:08:46.822 What about you, 138 00:08:46.862 --> 00:08:47.182 Maciej? 139 00:08:47.202 --> 00:08:49.163 What can you tell about the results? 140 00:08:49.883 --> 00:08:50.023 Well, 141 00:08:50.103 --> 00:08:52.244 if we look at some of the other high-level findings, 142 00:08:52.804 --> 00:08:55.445 there are good news about the language of the safety date sheets, 143 00:08:55.545 --> 00:08:59.106 because we see that this requirement is nearly always fulfilled. 144 00:08:59.666 --> 00:09:06.688 And only 5 % of the safety date sheets that were supplied were in the wrong language for the country in which they were supplied. 145 00:09:07.488 --> 00:09:07.688 Then, 146 00:09:08.428 --> 00:09:11.569 if we look at the requirement to update the safety date sheet, 147 00:09:11.589 --> 00:09:14.810 if there's any change in the risk management measures, 148 00:09:14.810 --> 00:09:15.410 for example, 149 00:09:15.910 --> 00:09:16.531 then we see that, 150 00:09:16.571 --> 00:09:16.811 again, 151 00:09:16.951 --> 00:09:19.331 most companies have complied with this duty. 152 00:09:19.931 --> 00:09:21.612 But around 19 % 153 00:09:21.852 --> 00:09:32.115 of the suppliers did not have special routines for updating and practically providing the safety date sheets to the recipients which they've provided the substance in the last 12 months. 154 00:09:32.715 --> 00:09:33.215 Then thirdly, 155 00:09:33.315 --> 00:09:38.217 if we look at the first objective of the project was to check the completeness of the SDS, 156 00:09:38.657 --> 00:09:49.980 the inspectors saw that the format was in most cases updated and only 13 % of the safety date sheets did not have all the requirement elements and the subsections required by the new 157 00:09:51.225 --> 00:09:51.705 regulation. 158 00:09:52.565 --> 00:09:53.086 But of course, 159 00:09:53.106 --> 00:09:55.107 if we look deeply into the content, 160 00:09:55.367 --> 00:10:01.110 it's that the specific requirements are not always fulfilled and the non-compliance may be higher. 161 00:10:01.671 --> 00:10:04.992 And now we go into the content and the specific requirements. 162 00:10:05.012 --> 00:10:07.614 So the inspectors checked more than 163 00:10:08.034 --> 00:10:09.375 2 500 safety data sheets. 164 00:10:11.808 --> 00:10:17.329 Which were the elements that they really focused on and where did they find most deficient? 165 00:10:18.110 --> 00:10:24.491 The new information required that were checked included the provision of information on nanoforms, 166 00:10:24.992 --> 00:10:31.354 on endocrine disrupting properties and extended physical and chemical properties. 167 00:10:32.034 --> 00:10:35.915 Information about authoridation of substances of very high concern, 168 00:10:36.567 --> 00:10:40.648 including risk conditions of use and monitoring arrangements as required. 169 00:10:42.369 --> 00:10:50.351 New requirements also include some other parameters relevant for safe use such as specific concentration limits, 170 00:10:50.651 --> 00:10:55.792 acute toxicity estimates and multiplication factor for environmental aquatic hazards. 171 00:10:56.332 --> 00:11:01.874 But the most problematic new areas or new requirements was provision of information on nanoforms. 172 00:11:02.454 --> 00:11:05.735 For the safety data sheets where such information was required, 173 00:11:06.423 --> 00:11:07.584 over two thirds, 174 00:11:08.045 --> 00:11:09.486 that's 67 %, 175 00:11:09.866 --> 00:11:14.610 did not include the information sufficiently in the safety data sheet. 176 00:11:15.471 --> 00:11:17.052 The second new requirement for which 177 00:11:17.913 --> 00:11:25.239 SDS were frequently deficient was the provision of information on endocrine disrupting properties. 178 00:11:25.420 --> 00:11:33.807 Nearly half of the SDS of the substance or mixtures that have endocrine disrupting properties did not provide the information required. 179 00:11:34.727 --> 00:11:38.830 The other new requirement with non-compliance rate, 180 00:11:38.870 --> 00:11:40.811 which is also quite high, 181 00:11:41.532 --> 00:11:43.753 range from 16 to 35 also. 182 00:11:44.494 --> 00:11:47.076 That's also quite significant. 183 00:11:47.476 --> 00:11:54.280 The primary method for checking whether the SDS complied with the new information requirement was completeness check. 184 00:11:54.861 --> 00:12:01.305 This means that the inspectors checked under every section if the information required is provided, 185 00:12:01.765 --> 00:12:04.207 that there was no empty spaces 186 00:12:04.567 --> 00:12:05.528 in the safety data sheet. 187 00:12:06.028 --> 00:12:07.268 Quite serious findings. 188 00:12:08.049 --> 00:12:09.009 Anything to add there, 189 00:12:09.269 --> 00:12:09.629 Maciej? 190 00:12:10.009 --> 00:12:10.169 Well, 191 00:12:10.530 --> 00:12:13.991 if we look into the content and the quality, 192 00:12:14.631 --> 00:12:16.872 this was a very important part of the project, 193 00:12:17.252 --> 00:12:20.834 to check the correctness and the consistency of the information in the safety data sheet. 194 00:12:21.194 --> 00:12:26.776 And these checks were done per section when the inspectors were looking at the different elements of the SDS. 195 00:12:27.477 --> 00:12:28.017 And of course, 196 00:12:28.037 --> 00:12:31.698 they focused on checking whether the new requirements were fulfilled, 197 00:12:31.758 --> 00:12:32.779 but not limited to them. 198 00:12:33.159 --> 00:12:38.662 So inspectors also looked into those parts and requirements that were there for quite a long time. 199 00:12:39.043 --> 00:12:41.364 And when we look at these results, 200 00:12:41.804 --> 00:12:42.705 here we see that 201 00:12:43.165 --> 00:12:45.106 27 % of all the 202 00:12:45.907 --> 00:12:51.470 SDSs checked in this project had some quality deficiencies in some of the sections. 203 00:12:51.830 --> 00:12:55.292 So the inspectors considered the information was incorrect or implausible. 204 00:12:55.693 --> 00:12:59.275 If we look deeper into the specific sections, 205 00:12:59.799 --> 00:13:00.739 then there were, 206 00:13:00.719 --> 00:13:01.140 of course, 207 00:13:01.280 --> 00:13:03.481 some problems that were more frequent than others. 208 00:13:03.921 --> 00:13:04.841 So in section one, 209 00:13:05.581 --> 00:13:07.222 on the identification of the product company, 210 00:13:07.702 --> 00:13:10.123 the most frequent issue was lack of 211 00:13:10.483 --> 00:13:13.565 UFI number or the incorrect indication of uses. 212 00:13:13.925 --> 00:13:14.665 In section two, 213 00:13:15.145 --> 00:13:16.446 on the hazard identification, 214 00:13:17.306 --> 00:13:21.488 the most frequent problem was incorrect or incomplete classification. 215 00:13:21.668 --> 00:13:23.369 So a pretty serious problem. 216 00:13:23.829 --> 00:13:24.529 In section three, 217 00:13:24.649 --> 00:13:25.410 on the composition, 218 00:13:25.970 --> 00:13:28.371 it was usually the absence of necessary new information 219 00:13:28.751 --> 00:13:32.453 or again incorrect classification of the ingredients of the mixture. 220 00:13:32.653 --> 00:13:33.373 In section eight, 221 00:13:33.614 --> 00:13:34.814 on the exposure controls, 222 00:13:35.034 --> 00:13:43.759 problems were the absence or insufficient information on personal protective equipment or lack of information on occupational exposure limits. 223 00:13:44.459 --> 00:13:45.220 In section nine, 224 00:13:45.440 --> 00:13:47.021 on the physical and chemical properties, 225 00:13:47.481 --> 00:13:51.483 it was usually the absence of the available data in that section that was a challenge. 226 00:13:52.847 --> 00:13:55.709 If we look at the content problems, 227 00:13:56.110 --> 00:14:00.774 another finding that the inspectors also brought forward was that nearly one fifth, 228 00:14:00.934 --> 00:14:05.838 18 % of all the SDSs were lacking the exposure scenarios where they were required. 229 00:14:06.318 --> 00:14:10.221 They were either not attached or not incorporated in the content of the SDS. 230 00:14:10.662 --> 00:14:17.467 But this is not the first time when the enforcement authorities have been looking at safety data sheets. 231 00:14:17.527 --> 00:14:21.711 So there have been also earlier EU-wide projects looking at this same kind of information. 232 00:14:24.192 --> 00:14:26.294 Compared to these earlier projects, 233 00:14:27.114 --> 00:14:28.155 what would you say? 234 00:14:28.255 --> 00:14:31.376 How do the results compare to the previous ones? 235 00:14:31.576 --> 00:14:34.298 And are companies making any progress here? 236 00:14:35.419 --> 00:14:38.400 Looking at earlier results from earlier projects, 237 00:14:38.580 --> 00:14:42.983 earlier enforcement projects focusing on safety data sheets the last 20 years, 238 00:14:43.703 --> 00:14:44.464 generally speaking, 239 00:14:44.464 --> 00:14:50.247 we can say that there is some improvement when it comes to compliance with the safety data sheets. 240 00:14:50.727 --> 00:14:59.638 20 years ago there was a project conducted by Cleen Network and in that project the safety data sheets which were not compliant were identified as 241 00:15:00.219 --> 00:15:00.960 48 %. 242 00:15:01.621 --> 00:15:03.383 11 years ago when we had the 243 00:15:04.524 --> 00:15:10.812 REF2 project of the forum there were 52 % non-compliance of safety data sheets. 244 00:15:11.632 --> 00:15:14.394 There were also more projects in the meantime, 245 00:15:14.775 --> 00:15:19.698 but now we can see that the non-compliance rate is reported at 35 %. 246 00:15:19.898 --> 00:15:23.641 So the overall trend of the compliance seems to be improving. 247 00:15:23.941 --> 00:15:27.544 But this information has to be taken with a pinch of salt. 248 00:15:27.844 --> 00:15:30.727 The projects across the years were all about the 249 00:15:31.567 --> 00:15:37.792 SDS, but focused on slightly different aspects from project to project. 250 00:15:38.728 --> 00:15:40.569 And the requirements have changed. 251 00:15:40.609 --> 00:15:43.269 New regulations have come into force across the years. 252 00:15:43.649 --> 00:15:46.730 So the results are not exactly entirely comparable. 253 00:15:46.930 --> 00:15:53.032 The improvement can be attributed mostly to harmonised requirements that 254 00:15:53.852 --> 00:15:59.374 REACH brought, together with the great efforts from the industry to improve the SDS. 255 00:16:00.254 --> 00:16:04.135 And I believe the continued focus on the enforcement side also. 256 00:16:05.195 --> 00:16:08.016 I fully agree that there is a positive trend that we see. 257 00:16:08.316 --> 00:16:08.496 but 258 00:16:09.297 --> 00:16:12.299 I think we also need to put this into a broader perspective. 259 00:16:12.580 --> 00:16:16.683 The safety dead sheets have been introduced for mixtures already three decades ago, 260 00:16:16.683 --> 00:16:17.984 in 1991, 261 00:16:18.965 --> 00:16:23.448 and they were always a tool to deliver information on safe use to the workers. 262 00:16:23.869 --> 00:16:26.010 And these fundamentals have not changed. 263 00:16:27.031 --> 00:16:28.492 They still serve the same purpose, 264 00:16:28.773 --> 00:16:32.255 and the overall structure is the same as it was decades ago. 265 00:16:32.876 --> 00:16:36.499 What has changed is the scope of the information that needs to be provided. 266 00:16:36.539 --> 00:16:37.720 They have become more complex. 267 00:16:38.256 --> 00:16:40.117 There's more information that needs to be in them, 268 00:16:40.577 --> 00:16:45.018 but also the requirements in REACH are more specific about what should be included, 269 00:16:45.438 --> 00:16:48.919 which should help companies in compiling them to a better degree. 270 00:16:49.279 --> 00:16:56.901 And what we see that part of the deficiencies that the inspectors found is indeed about this new information that is still missing, 271 00:16:57.321 --> 00:16:59.622 but it's definitely not all of the issues. 272 00:16:59.942 --> 00:17:06.284 So what we continue seeing is again and again the same issues that were there decades ago in the old projects, 273 00:17:06.604 --> 00:17:08.725 and deficiencies in fundamental information, 274 00:17:09.285 --> 00:17:10.145 hazard information, 275 00:17:10.285 --> 00:17:11.266 wrong classification, 276 00:17:11.446 --> 00:17:12.946 issues with composition of mixtures, 277 00:17:13.406 --> 00:17:15.687 incomplete information on exposure controls. 278 00:17:16.327 --> 00:17:17.267 None of this is new. 279 00:17:17.548 --> 00:17:18.168 So yes, 280 00:17:18.388 --> 00:17:19.248 there is improvement, 281 00:17:19.468 --> 00:17:23.049 but companies had over three decades to get used to implementing the SDS. 282 00:17:23.650 --> 00:17:28.171 Yet we still see that one in three of the checked safety date sheets are non-compliant. 283 00:17:28.751 --> 00:17:31.112 Companies should do much better than that. 284 00:17:31.984 --> 00:17:34.526 Having seen that one in three of the checked cases, 285 00:17:34.606 --> 00:17:37.889 the safety data sheet still does not comply with the requirements, 286 00:17:38.489 --> 00:17:41.432 this must have some kind of impact on the workers'safety. 287 00:17:41.552 --> 00:17:46.416 What would you say and what actions have authorities taken to improve the situation? 288 00:17:47.377 --> 00:17:56.524 The impact is clear that when a third of the companies do not receive the information they require for safe handling of the substances and mixtures, 289 00:17:56.805 --> 00:18:00.788 it means the managers don't have the information they need to do their risk 290 00:18:01.388 --> 00:18:04.871 assessment and to do their controls and to control exposure. 291 00:18:05.111 --> 00:18:08.313 That means that the employer will not have the information they require. 292 00:18:08.894 --> 00:18:13.818 They need to conduct their assessments of their specific workplaces and to manage the risk. 293 00:18:14.278 --> 00:18:14.998 As a result, 294 00:18:15.439 --> 00:18:19.502 a third of the workers may not be able to use the substances safely. 295 00:18:19.902 --> 00:18:25.306 This remains a serious shortcoming and the industry should improve the situation. 296 00:18:25.346 --> 00:18:25.806 Of course, 297 00:18:26.147 --> 00:18:27.548 in the specific cases where 298 00:18:28.256 --> 00:18:30.118 inspection found non-compliances, 299 00:18:30.378 --> 00:18:31.619 the issue had been addressed. 300 00:18:32.399 --> 00:18:38.084 And inspectors took enforcement measures to bring safety data sheets into compliance. 301 00:18:38.604 --> 00:18:39.405 In most cases, 302 00:18:39.565 --> 00:18:41.767 this took the form of written advice. 303 00:18:42.367 --> 00:18:43.448 In some cases, 304 00:18:43.969 --> 00:18:46.931 there were also fines or administrative orders given. 305 00:18:47.692 --> 00:18:48.733 And in few cases, 306 00:18:48.853 --> 00:18:51.315 even handing over the cases to the public prosecutors. 307 00:18:51.955 --> 00:18:57.880 The overall approach is that the first steps inspectors guide the suppliers to fix the issues with the safety data sheets rather than resort to more severe policing measures. 308 00:19:03.963 --> 00:19:07.364 So companies are guided so that they would be able to improve, 309 00:19:07.404 --> 00:19:11.346 they could fix those issues that the safety data sheets have. 310 00:19:12.726 --> 00:19:13.446 What's next then? 311 00:19:13.586 --> 00:19:14.947 What happens with the project next? 312 00:19:15.467 --> 00:19:17.008 Will there be some follow-up actions? 313 00:19:18.028 --> 00:19:20.649 The project is not completely over yet. 314 00:19:22.030 --> 00:19:26.772 We are going to the follow-up phase where we will prepare two outputs. 315 00:19:27.276 --> 00:19:31.839 The first one is a practical guide for inspectors for control of safety data sheets, 316 00:19:31.879 --> 00:19:33.980 which they can use for inspections. 317 00:19:34.520 --> 00:19:37.382 The guide will summarise the learnings from this project. 318 00:19:38.402 --> 00:19:53.351 And the second one is a Forum Stakeholders workshop to discuss the findings and the recommendations with the representatives of industry and encourage them to work with their constituent companies on improving the situation. 319 00:19:53.791 --> 00:19:54.852 We will invite 320 00:19:55.192 --> 00:20:04.602 accredited stakeholder organistions but the workshop will be publicly broadcast online for greater transparency. 321 00:20:05.643 --> 00:20:08.566 Anyone interested is invited to follow. 322 00:20:09.267 --> 00:20:12.310 And is there already a date for this stakeholder workshop? 323 00:20:12.978 --> 00:20:16.699 We look at having the workshop around spring time. 324 00:20:17.539 --> 00:20:17.740 Okay, 325 00:20:17.860 --> 00:20:19.380 something to keep an eye on then. 326 00:20:20.020 --> 00:20:20.200 Good. What about Enforcement Forum side then? 327 00:20:23.441 --> 00:20:24.502 Do you give some advice, 328 00:20:24.762 --> 00:20:25.622 recommendations? 329 00:20:26.422 --> 00:20:26.722 Sure. 330 00:20:26.902 --> 00:20:27.442 The project, 331 00:20:27.763 --> 00:20:29.083 as all the projects of the Forum, 332 00:20:29.483 --> 00:20:31.624 formulate some recommendations for the different actors. 333 00:20:32.584 --> 00:20:33.224 Duty holders, 334 00:20:33.344 --> 00:20:33.784 primarily, 335 00:20:34.225 --> 00:20:36.265 but also the Enforcement Authorities, Forum, 336 00:20:36.705 --> 00:20:38.906 the European Commission and ECHA itself. 337 00:20:39.810 --> 00:20:42.232 The most important recommendations, 338 00:20:42.232 --> 00:20:42.712 of course, 339 00:20:42.792 --> 00:20:43.833 are for the duty holders, 340 00:20:43.913 --> 00:20:45.314 because they are the ones who compile the 341 00:20:45.774 --> 00:20:47.215 SDSs. That's the suppliers, 342 00:20:47.836 --> 00:20:48.496 manufacturers, 343 00:20:48.576 --> 00:20:49.317 formulators, 344 00:20:49.637 --> 00:20:50.958 or importers of chemicals. 345 00:20:51.658 --> 00:20:56.041 Their recommendations for the duty holders are primarily focused on the suppliers. 346 00:20:56.362 --> 00:20:57.682 And the first recommendation is, 347 00:20:57.662 --> 00:20:58.063 of course, 348 00:20:58.063 --> 00:21:02.446 for the duty holders to prepare safety sheets following the current requirements. 349 00:21:02.506 --> 00:21:03.426 That's a no-brainer, 350 00:21:03.466 --> 00:21:03.647 really. 351 00:21:04.207 --> 00:21:08.290 The second one is for the companies to improve their understanding of the requirements, 352 00:21:10.571 --> 00:21:13.411 because of course it has been changing for years. 353 00:21:13.892 --> 00:21:16.933 And the best way to do this is to consult the questions and answers, 354 00:21:17.153 --> 00:21:17.693 guidance, 355 00:21:18.253 --> 00:21:22.194 or follow the information provided by the stakeholder organisations. 356 00:21:22.614 --> 00:21:23.835 The third recommendation, 357 00:21:24.075 --> 00:21:25.275 particularly for suppliers, 358 00:21:25.595 --> 00:21:29.716 is to make the safety date sheets a bit more customised to the recipients. 359 00:21:30.136 --> 00:21:31.197 So the manufacturers, 360 00:21:31.237 --> 00:21:31.677 importers, 361 00:21:31.677 --> 00:21:33.437 and formulators who make the SDSs, 362 00:21:33.878 --> 00:21:35.138 they should have a look at the uses 363 00:21:35.694 --> 00:21:40.497 and then tailor the information in the safety data sheets to the uses of their own downstream users. 364 00:21:41.057 --> 00:21:44.379 It's important that the safety data sheets are not overloaded with information, 365 00:21:44.779 --> 00:21:48.721 but only contain that information which is relevant for the specific users. 366 00:21:49.222 --> 00:21:49.502 Such as, 367 00:21:49.502 --> 00:21:50.122 for example, 368 00:21:50.202 --> 00:21:55.745 the need on authorisation requirements and the conditions for monitoring arrangements for the authorisation. 369 00:21:56.145 --> 00:21:59.487 The next recommendation is more for the recipients of the safety data sheets, 370 00:21:59.888 --> 00:22:02.449 and here it's important whenever a company, 371 00:22:02.609 --> 00:22:03.590 such as a downstream user, 372 00:22:03.650 --> 00:22:04.170 receives 373 00:22:04.738 --> 00:22:05.438 safety data sheet, 374 00:22:05.939 --> 00:22:12.682 they should have in place a process to check that this safety data sheet they received is in line with the current requirements. 375 00:22:13.283 --> 00:22:13.903 And lastly, 376 00:22:14.503 --> 00:22:21.908 we hope that the industry or organisations would be encouraged to raise awareness of the legal duties and the requirements for the safety data sheets. 377 00:22:22.568 --> 00:22:25.049 So if all these recommendations are put in place, 378 00:22:25.269 --> 00:22:28.171 then we will definitely see better safety data sheets in the future. 379 00:22:28.671 --> 00:22:29.172 Well said. 380 00:22:29.412 --> 00:22:29.832 Indeed, 381 00:22:29.892 --> 00:22:33.194 I think this is a perfect place to conclude this episode. 382 00:22:33.554 --> 00:22:35.415 Very good advice and recommendations. 383 00:22:35.635 --> 00:22:37.815 Hopefully those really are put in place, 384 00:22:38.015 --> 00:22:38.495 as you said, 385 00:22:38.555 --> 00:22:38.875 Maciej. 386 00:22:39.696 --> 00:22:40.516 Thank you very much, 387 00:22:40.936 --> 00:22:41.616 Abdulqadir, 388 00:22:42.176 --> 00:22:42.536 Maciej, 389 00:22:42.977 --> 00:22:46.177 for walking us through the findings of this project. 390 00:22:46.898 --> 00:22:52.359 Thank you for the invitation to do this podcast and hope people will find it useful. 391 00:22:52.919 --> 00:22:53.619 Thank you for having us. 392 00:22:54.160 --> 00:22:54.320 Also, 393 00:22:54.380 --> 00:23:01.902 I'd like to take a chance to thank Marko and Tony for giving us insights from the SME and worker safety perspectives. 394 00:23:01.922 --> 00:23:02.482 And of course, thank you all listeners for tuning in. 395 00:23:05.645 --> 00:23:08.548 And now if you want to read more about this enforcement project, 396 00:23:08.608 --> 00:23:10.410 maybe have a look at the report, 397 00:23:10.871 --> 00:23:17.438 you can find the news and link to the full report on our website at echa.europa.eu. 398 00:23:18.338 --> 00:23:19.159 Thanks for this time. 399 00:23:19.300 --> 00:23:19.640 Bye bye. 400 00:23:20.701 --> 00:23:22.403 Safer Chemicals podcast. 401 00:23:23.124 --> 00:23:25.246 Sound science on harmful chemicals.