CURRENT STATUS ONCHEMICAL MANAGEMENT
IN MALAYSIA

Presentation Outline

1.

Background on Chemical Management in Malaysia

gg Chemical Managementgin Malaysia
y2. Strengthening
3. Eleventh Malaysia Plan (2016-2020)
4. Environmentally Hazardous Substances Notificationand Registration (EHSNR) Scheme

1Background
Backgroundy Many chemical substances and products are
currently put into market in Malaysiay As a result,result there is an uncertainty on types ofchemicals used in a wide range of consumer
products and other productsy Large percentage of existing chemicals have notbeen assessed2

Background (cont.)y Government is concerned about human and environmental

exposure from toxic substances and unregulated chemicals
used in a wide range of chemical productsy Continued use of chemicals with inherently dangerous

properties such as carcinogens, mutagens and reproductive
toxicants and substances dangerous for the environmenty Long term persistence and accumulation of many chemicals

in eco-system and humans
3

Goals of Chemical Management
Malaysia, as a developed nation by the year 2020,should ensures that chemicals are produced and usedin ways that minimize the risk and significant adverse
impacts
pon the environment and human health withcross-sector commitment by all stakeholders tocoordinated approaches and common principles in theadoption and strengthening of good practices for safeand ecologically sustainable chemicals management.

4Malaysia’s Chemicals Industry and Main Sectors
Petroleum
Products &Natural Gas

Chemicals &Chemical
Products
Agriculturalchemical:pesticides,
fertilizers

Soap detergent,cosmetics,
toiletry
preparation

Rubber Products

Natural Rubber
Latex

Plastic Products

Plastic Resins

Latex Threads

Industrial Gases

Oleo-chemicals5DOE premises inventory
Petroleum Products & Natural Gas• 439 premises

Chemical and chemical products• Agricultural chemical: pesticides, fertilizers: 565 premises• Soap detergent, cosmetics, toiletry preparation: 247 premises
Industrial G
Gases:
ases: 7 premises
premises• Industrial• Oleo-chemicals: 198 premises

Rubber products• Natural Rubber Latex: 106 premises• Latex Threads (synthetic): 936 premises

Plastic resin and products• 1,936 premises

Source: Malaysia-Danish Environmental Cooperation Programme (DANIDA), May 20096

Challenge and GapsyLegal Framework for Chemical Management - there is NOT one
legal Act (instead of many and not coordinated) which exist to
provide a mandate for sustaining sound chemical managementin Malaysia in a holistic and integrated mannery

Institutional Coordination – fragmented framework and need toenhance coordination among agenciesa) Existing regulations provide chemical management on sectoral basis
and are subject to the specific management.
b) Each agency have their own legislation and control their chemicals
with the specific objectives.
c) Overlapping and gaps of some regulation or regulatory scope such aslack of regulation on transportation of chemicals.

7Challenge and Gaps
yInformation on Chemicals - not adequately collected andcompiled to allow for their use in the management of chemicals;e.g. risk assessmenta) The industry needs to provide more information about the hazardous
properties ofpropertiesof thethe chemicals
chemicals contained
contained inin their
their products.
products
productsyManagement of Chemicals – some industries, SMI, do not
manage chemicals in a safe and sustainable waya) There is no one stop agency that in charge for chemicals notification
system in Malaysia.

yCapacity to Manage Chemicals – lack of knowledge, skills andmanpower to manage the different aspects of chemicals
8Challenge and Gaps (cont.)
yAwareness About Chemicals - lack of awareness among
stakeholders, particularly the small and medium scaleindustries, on safe and sustainable way of managing chemicals:
consumers, etcyFinancial resources – for a sound chemical management to be inplace, an adequate funding is essential. This to ensure thestrategies and action plan are implemented effectively.

9

CHEMICAL MANAGEMENT IN MALAYSIA
Related Legislation and Agencies
Substance &Jurisdiction

Ministries

Agencies

Legislation

Import, export,sales and trades –Petroleum &petroleum
products
products

Ministry ofInternational Tradeand Industries-Petroleum (SafetyMeasures) Act 1984

Import & exports

Ministry of FinanceRoyal Malaysian
Customs

Customs Act 1967

Industrial
Chemicals

Ministry of Human
Resources

Department of
Safety andHealthOccupational andSafety Health Act
1994

Pharmaceutical,drugs, someconsumerproducts

Ministry of HealthPharmaceutical
Services
Division

Poison Act 1952
Dangerous Drugs
Act 1952
Food Act 1983
10CHEMICAL MANAGEMENT IN MALAYSIA
Related Legislation and Agencies
Substance &Jurisdiction

Ministries

Agencies

Legislation

Pesticides

Ministry ofAgriculture andAgro-chemicals

Department ofAgriculture

Pesticides Act1974

Consumers
ProductProduct

Ministry ofDomestic Trade,
DomesticTrade
Trade
Co-operative andConsumerism-Consumer
Protection A
Protection
Act
ct1999 (Safetyissues notchemical content)

Chemical Weapon(Chemical Weapon
Convention)

Ministry of Foreign
Affairs-

Chemical Weapon
Convention Act
2005

Hazardous Waste(ScheduledWastes)

Ministry of Natural
Resources andEnvironment

Department ofEnvironment

Environmental
Quality Act 1974

11Environmental Quality Act 1974

EQA 1974

Environmentally
HazardousSubstances
Hazardous Wastes

y In

the EQA 1974, chemical defines “environmentallyhazardous substances means any natural or artificial
substances including any raw material, whether in a solid,
semi-solid or liquid form, or in the form of gas or vapour, or ina mixture of at least two of these substances, or any livingorganism intended for any environmental protection,conservation and control activity, which can cause pollution”
12Development of National Policy on ChemicalManagement
9th Malaysia Plan

10th Malaysia Plan

11th Malaysia Plan

Ninth Malaysia Plan

Tenth Malaysia Plan

(2006-2010):(2011-2015):

yy

Government will continue efforts toimprove the efficiency andg
effectiveness of waste management(JPSPN and DOE)y

Increase awareness among public
and educate them of theimportance to reduce, reuse andrecycle of waste (all stakeholders)

Adoption of a global harmonizedsystem for the registration of imports,
pand a safe handlingg oftransportation
chemical and hazardous substances.
(MITI)yApproaches and technologies to treat
and convert toxic wastes into a
resource for reuse. (DOE)yAppropriate incentives for the proper
management of hazardous chemicals.
(CICM)y

Steps to address the indiscriminate
use of chemicals, particularly inagricultural practices, will beintensified. (DOA)

Eleventh Malaysia Plan
(2016-2020):y

6 strategies proposed tointegrate and strengthenchemical management
framework system inMalaysia

13

DOE ROLES IN TRANSFORMATIVE OF CHEMICALMANAGEMENT IN MALAYSIA

Study by Danishand Malaysia
Government
Cooperation
Programme 20032006
e e opp e tDevelopment
Objective – An
effective andsustainable
management
system isestablished that will
minimize andreduce the risks
from EHS
The scheme is tocollect information
about EHS andprovide information
to Malaysian
Government

Develop guidance
document on EHS
Notification andRegistration
SchemeDevelop
EHS Notificationand Registration
Scheme2009 - started theEHSNR online system- voluntary basis untila specific regulations
is gazetted andenforced
2008 – final report
was published by
NRE named“Strategy & Action
Plan for Chemicals
Management inMalaysia”

Proposed tomerge databasebetween EHSNR
and CIMS(DOE and DOSH)

2012 – published
2nd edition ofguidance
document“Guidance For
The Industry onThe
Environmentally
Hazardous
Substances
Notification &Registration
Scheme inMalaysia

2014 –Incorporatechemicalmanagement
pillar into 11thMalaysia NationalPlan (2016-2020)

Proposedfeasibility study
on ChemicalManagement Act20xx

2016 – Drafting
DrafDraftit ngg
2016of EHSRegulation
201x
framework

EHSNR: Environmentally Hazardous Substances
Notification and Registration
CIMS: Chemical Information Management System

Local Action
by DOE

Cooperation
with allstakeholders

International
Participationin MEAs

Strengthening
ChemicalManagement15Local Action by DOE•

Preliminary drafting of EHS regulations framework•Merging platform for database system between EHSNR(DOE) and CIMS (DOSH)•ReviewR
eview guidance
guidance document
document on
on EHS
EHS Notification
Notification andandRegistration Scheme•

Awareness and Hands on Training for industries•

Enhancement of the EHS website

16

International Participation• Basel Convention:– ratified on 8th October 1993
– DOE Malaysia is designated as the competent authority– Export / import through Customs shall be accompanied
by a permit issued by DOE
• B
Ban
an A
Amendment
mendment ttoo tthe
he BBasela se l C
Convention:
onvention:- ratified on 26th October 2001
• Rotterdam Convention- ratified on 4th September 2002
- DOE Malaysia and Pesticides Board Malaysia are the two
Designated National Authorities (DNAs)- DOE for Industrial Chemicals- Pesticides Board for Pesticides
17International Participation• Stockholm Convention- signatory since 16th May 2002
- Malaysia has restricted the usage of most POPs that are listed in theconvention• Chemical Weapon Convention- signatory on January 1993 and ratified on 20th April 2000
Malaysia has prohibit tthe
he development production,
production- Malaysia
hasprohibit
development
development,
productionstockpiling and usage of chemical weapons• Intergovernmental Negotiating Committee (INC) on Legally Binding
Instrument Minamata Convention on Mercury- active involvement in the INC meeting- currently prepare for legal domestic framework among
the stakeholders before signing the convention

18

Study on Chemical Management inMalaysia National Plan
2003 2008
Study by
Danish andMalaysia
Government
Cooperation
Programme(DANIDA)
regarding
Strategy &Action Plan for
ChemicalManagementin Malaysia

2009
Establishmentof
EnvironmentallyHazardous
Substances
Notification andRegistration(EHSNR)
Scheme2014
Study onChemicalsRiskAssessment
forEnvironment
thatEquivalent toGlobalPractices

2015
Study on newChemicals
ManagementAct 201X
framework19

Action Plan for Malaysia National Plan
NoAction Plan

1To carry out feasibility study on a new Chemicals
Management Act framework to fill out the gaps in Malaysianchemical management. The Act shall establish link tog
from relevant agenciesgthat involved in chemicallegislation
management.

2

To carry out a feasibility study for the establishment ofNational Chemical Management Board/Commission

20

Action Plan for Malaysia National Plan
No

Action Plan

31) To establish National Chemical Inventory e.g. the quantity
and the usage of chemicals
2) Streamline existing agencies database systeminfrastructure (interface link)41) Conduct and report on risk assessment of priority
chemicals based on targeted volumes, risks and use related
information
2) Develop risk management measures to mitigate risk ofexposure including the phase out of hazardous substances
21

Action Plan for Malaysia National Plan
NoAction Plan

51) Develop training modules on life cycle management ofchemicals for stakeholders to improve management
efficiency e.g. modules to be included in training schedules
2) Conduct training, workshops and seminars to built
capacity on topics include
l d toxicology,
lhhazard
d assessment,
exposure assessment and risk assessment
3) To identify, enhance and expand the scope of the existing
testing facilities
4) In preparation and ratification of Stockholm andMinamata Convention
22

Action Plan for Malaysia National Plan
NoAction Plan

61) Develop plan for cross sectoral training, workshops and seminarin good chemical management.
2) Conduct an active dialogues between chemical industries andgovernment regulatory bodies to create awareness.
3) Develop syllabus for education in school and universities on
chemical management.
4) Organize events such as seminars and exhibitions to promoteawareness and education on hazardous substances.
5) Develop incentives and economic packages to encourage
industry’s participation.
23

 to provide the necessary information to the Malaysian Governmentso as to enable the DOE and other agencies involved in chemicals
management
 to identify substances of concern in the country and makedecisions on how to manage these substances in a safe and soundmanner Based on the information submitted by industry, the Department ofEnvironment (DOE) will establish a Malaysian EHS Register
24EHS Notification and Registration Scheme
EHSNR database as of 30 June 2015:
No. of chemical company registered todate• 459

No. of sector/category of industry• 18

No. oNo.
off nnotifications
otifications b
byy iindustry
ndustryy intointosystem• 2,743

No. of EHS officially register• 511

No. of EHS required Detailed
Notification• 250

No. of EHS register by oversea supplier• 1925

Milestones for EHS Notification and Registration Scheme
DECISION- Advocacy

2018- Enforcement

Authorization- Proposed regulation oncontrolling EHS

2016- Baseline
Baseline data
data collectedcollected

Evaluation- Evaluate and analyze risk
assessment

2014

Registration- Identify the needs

Period of establishing EHS Register (voluntary)
Activities -Awareness/ Outreach- Information gathering

2009-Develop skill in Risk Assessment

Benefit of Scheme
Benefits
Schemey There is sufficient information available on the EHS
imported into or manufactured in Malaysia(Malaysian EHS Register) so as to be able toidentifyy ppriorityy substances and enable p
protectionof people and the environment from the possible
harmful effects of these substancesy It provides a mechanism for identifying, evaluating
and controlling of EHS

27

Benefit of SchemeBenefitsy It helps the industry in identifying likely data gaps

which are required for GHS classification of substancesand compliance with DOSH regulations.
y The scheme provides input for the risk assessment ofEHS and thereby a means of anticipating potential
problems and facilitate the implementation of timely
and appropriate control measures for specific EHS.

28

STRATEGY AND ACTION PLANS FOR EHS
MANAGEMENT IN MALAYSIAto collect information from industry about thehazardous substances (EHS) that are on theMalaysian market

Introducing a notification requirement for such
substances manufactured in or imported to Malaysia

Malaysia establish anRegistration Scheme

EHS

Notification

andIdentification and evaluation scheme for EHS
Substances imported ormanufactured in Malaysia

Criteria for EHS identification for
notification:- GHS (EU) classification- List of proscribed substances

Substances for which
notification is required

Substances selected for risk
assessment

Risk management measuresfor priority substances

Ref. list

Criteria for selection of priority
EHS forEHSf riski k assessmentt based on:- CMR criteria- PBT criteria

P = persistentB = bioaccumulative
T = toxic

C = carcinogenic
M = mutagenic
R = Reproductive
toxicity

30

Scope of EHSNR Scheme
The notification requirement does not apply to substances forwhich information is already submitted to government agencies
in Malaysia by means of other legislations, unless the substanceis alsoisalso used
used forfor other
other purposes
purposes not
not covered
covered byby Pesticides,
Pesticides
Pesticides
Poisons and Chemicals Weapons Convention Acts
Reference:
Guidance For The Industry on The Environmentally Hazardous
Substances Notification & Registration (EHSNR) Scheme inMalaysia

31

DOE WEBSITE (www.doe.gov.my)32

EHSNR system (https://www.e-ehs.doe.gov.my)

33WHO SHALL AND SHALL NOT NOTIFY UNDEREHSNR?

EHS

EHS

Importer

Manufacturer

Importers of EHS substances ,mixtures and finished productsthat contain EHS

RegisterandNotify

Manufactures of EHS
substances, mixtures andfinished products that contain
EHS

Locally sourced
Distribution, retailing

EHS

The Notification Process

BasicNotification
D il dDetailed

Annually
Jan - JuneOnce Onlyy
Jan - Dec

• The notification for detailed is to be done once only unless new
information that change the hazard classification are available fornotification• The notification to be done online at www.doe.gov.my35

The Notification Process
The Notification– Basic Notification- BasicProcess
Notification
The Notification of EHS to DOE by chemical industries shall bedone in two stages:
1) Basic Notification
A basic notification of EHS must first be made by all
manufacturers and importers
The data required are:• Substance identification• Annual tonnage in metric tons
• Use of the substance• Concentration interval of substance in raw materials or
finished products (maximum and minimum
concentration)• Country of import
36

The Notification Process- Detailed Notification
2) Detailed Notification
A follow-up detailed notification is also required, if the EHS is notin the EHS Reference List
Detailed Notification of EHS: In addition to basic data, thefollowing afollowing
are
re a
also
lso required:required:• Upload of MSDS
• Data on substance identification• Data on physico-chemical properties• Data on physical hazards• Data on hazards to human health• Data on hazards to aquatic environment• Overall GHS Classification
37

Way Forwards on Chemical Managementin Malaysiay1.

Development of regulations on chemicals used (exceptpesticides used in homes)

2. Additional

capacity buildings in management ofchemicals, and particularly to the use of risk assessment
as a chemicals management tool

3. Increasedd awareness off chemicals
hl management issues

among stakeholders.
4. Database and information of hazardous chemicals inMalaysia to be made available
5. Identification and assessment of risks posed by chemicals
6. Strengthening and Improving International Cooperationin Chemicals
38

Thahirah Kamarulzaman
Principal A
Principal
Assistantssistant Director
Director
Hazardous Substances Division
Email : thahirah@doe.gov.my
Contact: +60 3 8871 2115
Website: www.e-ehs.doe.gov.myor www.doe.gov.my39