THE ADOPTION AND IMPLEMENTATION OF THE GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION AND LABELING OF CHEMICALS (GHS)

Whereas, the Philippines is a participating government
during the United Nations Conference on Environment and Development
(UNCED) held in Rio de Janeiro, Brazil in June 1992;

Whereas, the Philippine Government adheres to the principles embodied in Agenda 21, which were adopted at the UNCED;

Whereas, Chapter 19, Program B of Agenda 21 mandates that a globally
harmonized hazard classification and compatible labeling system,
including material data sheets and easily understandable symbols, should
be available, if feasible, by the year 2000;

Whereas, at the World Summit for Sustainable Development (WSSD) held
in Johannesburg, South Africa in September 2002, governments reaffirmed
their commitments and agreed on a 2008 implementation target for the
GHS;

Whereas, at the 14th Asia-Pacific Economic Corporation (APEC) APEC
Ministerial Meeting held in Los Cabos, Mexico in October 2002 the APEC
members where encouraged to work towards implementing the Globally
Harmonized System on hazard classification and labeling of chemicals and
safety data sheets by 2006;

Whereas, the first version of the GHS was adopted in December 2002 by
the UN Sub-Committee on the Globally Harmonized System of
Classification and Labelling of Chemicals (UN SCEGHS), and endorsed by
the UN Committee on the Transport of Dangerous Goods and the Globally
Harmonized System of Classification and Labeling of Chemicals (UN
CTDGGHS);

Whereas, at the 18th APEC Ministerial Meeting held in Hanoi, Vietnam
in November 2006, the member economies were encouraged to continue
their e f forts to implement the GHS with a view to having it fully
implemented by the recommended target date of 2008;

Whereas, the identified sectors of the GHS implementation are:
agriculture, industrial workplace/production, transport and consumer
products;

Whereas, based on the Situation and Gap Analysis conducted on the
identified sectors, there are already existing laws in the Philippines
addressing the management of chemicals, particularly on labeling;

Whereas, there is a need to revise the Implementing Rules and
Regulations (IRR) of the concerned laws to implement the provisions of
GHS;

Whereas, to ensure the involvement and commitment of concerned
government agencies in addressing these target sectors of the GHS
implementation, a Joint Administrative Order is hereby promulgated.

NOW, THEREFORE, this Order is hereby prescribed by the undersigned
Departments for the information, guidance and compliance of all
concerned:

SECTION 1. Objective – The objective of this Joint
Administrative Order is the adoption and implementation of
classification criteria, labeling and Safety Data Sheet (SDS)
requirements of the GHS.

SECTION 2. Definitions –

a. GHS is an acronym for Globally Harmonized System of
Classification and Labeling of Chemicals. The GHS is a system for
standardizing and harmonizing the classification and labeling of
chemicals. It is a logical and comprehensive approach to

– Defining health, physical and environmental hazards of chemicals
– Creating classification processes that use available data on
chemicals for comparison with the defined hazard criteria; and
– Communicating hazard information, as well as protective measures, on labels and Safety Data Sheets (SDS).

b. Harmonization refers to establishing a common and coherent
basis for hazards classification and communication of chemicals, and the
appropriate elements relevant to means of transport, consumers, workers
and environmental protection can be selected/chosen.

c. Label refers to an appropriate group of written, printed or
graphic information elements that are affixed to, printed on, or
attached to the immediate container of a hazardous product, or to the
outside packaging of a hazardous product.

d. Hazards refer to the inherent characteristics of chemical
substances and mixtures that exist in the workplace and in the
environment regardless of quantity that are potentially dangerous or
which have the capacity to harm, i.e., its capacity to interfere with
normal biological processes, and its capacity to burn, explode, corrode,
etc.

e. “Chemical substance” means any organic or inorganic substance
of a particular molecular identity including any element or uncombined
chemical and any combination of such substances, or any mixture of two
and excluding radioactive materials.

f. “Mixtures” refer to combination of two or more chemical substances with no chemical reaction taking place.

g. “Toxic or hazardous substances” refer to the chemical
substances or mixtures that may be harmful to the environment and/or to
human health in a short-term and long-term basis if it is inhaled,
swallowed, or absorbed through the skin.

h. The Safety Data Sheet (SDS) is a document that provides
important physical characteristics, ecological, health, safety and
toxicological information on chemical substances or mixtures of
ingredients used at the workplace, transported and may be utilized by
the consumer.

SECTION 3. Scope – This Joint Administrative Order sets
out the duties and responsibilities of the GHS implementing and
coordinating government agencies in the adoption of the classification
criteria, labeling, and SDS requirements of the GHS (Please see Annex A^[*]).

The GHS adoption shall cover chemicals and mixtures. In the case of
pesticides for agriculture and other uses, due consideration shall be
given to incorporating the GHS principles, where appropriate into the
FAO/WHO basic principles and guidelines which the Fertilizer and
Pesticide Authority (FPA) uses particularly with regard to toxicity and
hazard classification and other labeling requirements. In the transport
sector, the GHS is implemented through the United Nations
Recommendations on the Transport of Dangerous Goods (UNRTDG).

Pharmaceuticals, food additives, cosmetics, and pesticide residues
in food shall not be covered at the point of intentional intake, except
at the workplace and during transport.

SECTION 4. Creation of a National GHS Implementing and Coordinating Committee – A National GHS Implementing and Coordinating Committee
shall be created which will be headed by the Department of Trade and
Industry – Board of Investments. The following shall be the GHS
implementing and coordinating government agencies:

a. Department of Agriculture (DA);
b. Department of Environment and Natural Resources (DENR);
c. Department of Finance (DOF);
d. Department of Health (DOH);
e. Department of Interior and Local Government (DILG);
f. Department of Labor and Employment (DOLE);
g. Department of Transportation and Communications (DOTC); and
h. Department of Trade and Industry (DTI).

SECTION 5. Duties and Responsibilities of the Implementing and Coordinating Committee – The National GHS Implementing and Coordinating Commiittee shall have the following duties and responsibilities:

a. Oversee the development and formulation of the Implementing Rules and Regulations of concerned agencies in adopting the GHS
and its principles of application set out in Part 1 of the GHS Manual,
which shows the GHS Pictograms and Hazard Classes (Annex B^[*]) and Safety Data Sheets Format and Guidelines (Annex C^[*]).

b. Convene and attend inter-agency meetings and other related activities concerning GHS development;

c. Coordinate, monitor and provide guidance on the implementation of the GHS.

SECTION 6. Repealing Clause – All other issuances
inconsistent with this Joint Administrative Order and all its annexes
are hereby repealed or modified accordingly.

SECTION 7. Effectivity – This
Joint Administrative Order shall take effect immediately after 30 days
from completion of publication in the Official Gazette or in a newspaper
of general circulation and registration with the UP Law Center.

Adopted: 25 May 2009

(SGD.) PETER B. FAVILA Secretary Department of Trade and Industry	(SGD.) JOSE L. ATIENZA, JR. Secretary Department of Environment and Natural Resources
(SGD.) ARTHUR C. YAP Secretary Department of Agriculture	(SGD. ) MARGARITO B. TEVES Secretary Department of Finance
(SGD.) FRANCISCO T. DUQUE III Secretary Department of Health	(SGD.) RONALDO V. PUNO Secretary Department of Interior and Local Government
(SGD.) MARIANITO D. ROQUE Acting Secretary Department of Labor and Employment	(SGD.) LEANDRO R. MENDOZA Secretary Department of Transportation and Communications

 

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^[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City.