Are You Ready For The New Prop 65 Amended Regulation?
Did you know, that a major amendment to Prop 65 has taken place on 30th August 2018? In August 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) adopted new regulations that replaced Prop 65’s “clear and reasonable” warning provisions. Under Proposition 65, businesses with 10 or more employees must give a “clear and reasonable warning” to individuals in the state before knowingly and intentionally exposing those individuals to a chemical listed as known to cause cancer or reproductive toxicity. These new regulations, which allocate responsibility for providing warnings on consumer products sold in California and include new criteria for “safe harbor” warnings, became operative on 30th August 2018. The failure to comply with Prop 65 subjects manufacturers, distributor and retailers to potential liability, including penalties of up to $2,500 per day, per violation. The main goals of the new warning include: Making warnings more meaningful and useful for the public Reducing “over-warning” in which businesses provide unnecessary warnings Giving businesses clearer guidelines on how and where to provide warnings. The major elements of new warning are: A triangular yellow and black warning symbol (can be white and black only if the label for the product does not use yellow). The warning must include the full chemical name of at least one chemical found in the product that is identified by OEHHA that is known to cause cancer or birth defects or other reproductive harm. If the product contains a chemical on both lists, at least one chemical from each list must be identified. Change in language from “This product contains…” to “This product can expose you to…” Link to the state’s Prop 65 internet site, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them. Consumer products sold over the internet must provide a warning on the website to the consumer prior to completing the purchase and include a short-form warning on the product or full warning on the label meeting the requirements. If a consumer product label or packaging contains consumer information in a language other than English, the Prop 65 warning must also be provided in that language in addition to English. As per the new regulation affixing warning labels to safe products is illegal, and businesses can no longer use generic warning labels to protect themselves from liability. Although testing is not explicitly required by the new regulation, businesses that do not test their products for listed chemicals may expose themselves to “willful ignorance” claims. How can you get compliant with the new requirements? Businesses must first determine whether any products sold to consumers in California include any of the chemicals identified by OEHHA requiring a Prop 65 warning label. Even if your business currently labels products with a Prop 65 warning, the new regulations will require a determination of whether to use the truncated short-form warning label or the full warning label on each product. If the full warning will be used, each product will need a specific label identifying at least one of the chemicals identified by the business on OEHHA’s Prop 65 list. ComplianceXL can help you to collect the substance level ppm for each of the homogenies material of the parts you are using in your product , validate and provide an accurate information whether your product Is Prop 65 complaint.
WHMIS 2015: What’s new?
Workplace Hazardous Material Information System (WHMIS) regulations in Canada have been updated to ensure the safety of workers at workplaces. It is the right of workers to know about the hazards in handling chemicals at their workplace, the amended regulation was published in the Newfoundland and Labrador Gazette on 09 May 2018. The new amendments in the regulation will enhance chemical safety amongst workers and help identify potentially harmful chemicals in all organizations. The transition to new WHMIS 2015 happens in 4 phases, the table below outlines applicable regulations through the transition period. Phase Timing Suppliers Employers Manufacturers and Importers Distributors Phase 1 From Feb 11, 2015 to May 31, 2018 WHMIS 1988 or WHMIS 2015 WHMIS 1988 or WHMIS 2015 Consult F/P/T regulator Phase 2 From June 1, 2018 to Aug 31, 2018 WHMIS 2015 WHMIS 1988 or WHMIS 2015 WHMIS 1988 or WHMIS 2015 Phase 3 From Sept 1, 2018 to Nov 30, 2018 WHMIS 2015 WHMIS 2015 WHMIS 1988 or WHMIS 2015 Completion December 1, 2018 WHMIS 2015 WHMIS 2015 WHMIS 2015 Most prominent WHIMIS 2015 changes: A change to the classification of the hazardous product in a category or subcategory of a hazard class A change in hazard class A change in the requirements for protecting workers against the hazard presented by the hazardous product SDS will be required to be updated within 90 days of the supplier being aware of the new information. In order to smoothen the transition process to comply with WHMIS, Canadian Centre for Occupational Health and Safety has laid out some suggestions: Understand how the hazard classification criteria of WHMIS 1988 and WHMIS 2015 differ. Establish and maintain an accurate list of all hazardous products in your workplace Review training processes and materials to a make sure they are WHMIS 2015 ready. If you still have WHMIS 1988 product in your workplace as the transition deadline approaches, request a WHMIS 2015 SDS and label from your supplier. Plan to completely use up any WHMIS 1988 product before the transition deadline. Safely dispose of product that cannot be brought into compliance. Download the CCOHS FAQs sheet for more details. Do you want to learn more on collecting SDS from your suppliers and complete transition to WHMIS 2015 before the deadline? Talk to our compliance experts at ComplianceXL.
REACH Compliance – FAQ
EU Reach plays a vital role in keeping a check on the risks of hazardous materials that affect human health and the environment. We bring you a list of FAQ’s to help you stay updated on regulatory compliance and be compliant in all forms. 1. What is REACH? REACH is a new European law regulating the use and production of chemical substances. 2. Who will pay for the risk assessment that has to be done in accordance with REACH? Those who import or produce a new chemical must pay the costs for the testing of the chemical. 3. What are the implications of REACH for animal testing? Animal testing will increase significantly due to all the chemical tests that have to be carried out. However, officials from the European Commission have stated that an increase in animal testing of almost four million more animals was not “ethically defensible” and that there are plans to reduce this high number by almost 70%. 4. How many chemicals will have to be registered? Within the 11 years of implementation of REACH, approximately 30,000 chemicals have to be registered. Those being most hazardous or existent in the largest quantity will go first. 5. What are substances of very high concern (SVHCs)? Substances that are one of the following: carcinogenic, mutagenic or toxic to reproduction (CMRs) persistent, bio-accumulative and toxic (PBTs) very persistent and bio-accumulative (vPvBs) seriously and / or irreversibly damaging the environment or human health, as substances damaging the hormone system The general aim of REACH is to replace these potentially very hazardous substances by safer alternatives whenever possible. If this is not possible, in exceptional cases hazardous substances can be authorized if the registrant can prove that an adequate risk control is guaranteed the benefits for the society or the economy are estimated higher than the potential risk no alternative substances are existent according to research results Every such authorization is however limited in time in order to encourage research for an alternative substance. If the potentially hazardous substances are used for R&D purposes, exemptions can be granted. 6. What can REACH do if it finds a very hazardous substance whose use is very risky? REACH has the power to ban either the chemical or even the entire product containing the chemical. 7. Will all products on the market be safe in the future? No. The REACH regulation is valid only for chemical substances that are produced in or imported into the EU. It is – unless specific safety regulations apply – not valid for chemicals within a finished product. Thus, for imported products there is still no safety guarantee. 8. What are the concerns of the REACH regulation? Animal protesters fear that the REACH regulation may lead to an increase in animal testing. Economists are concerned that the regulation might hamper global trade, as there is a possibility that international companies might consider moving away from Europe to avoid red tape and additional costs related to the regulation. According to the Commission animal testing will be reduced and no economic negative implications have to be feared. 9. Is the regulation valid for all chemicals? No. Polymers, a group of chemicals which includes plastics, do not have to be registered at the moment, as there is currently no easy, cost-effective way to test them. 10. Is it possible to register chemicals online? Yes. You will be able to download a free simplified version of the International Uniform Chemical Information Database (IUCLID 5.0), which is also available as a commercial version including the ORACLE management system. Companies also have the possibility to outsource the submission through IUCLID. 11. Do I need to register preparations I want to import into the EU? Yes, if the preparation volume that you want to import equals or is bigger than 1 tonne per year. 12. What is the OSOR-principle? This means that for every single substance a registration needs to be submitted (one substance – one registration). 13. Does REACH include food or cosmetics? No, food is not an article, substance or preparation. Cosmetics were originally excluded from REACH, but in order to increase customer consumer confidence they were included afterwards. REACH is now supposed to function hand in hand with the Cosmetics Directive. 14. What are No-Longer Polymers? These are substances that were considered as polymers under the EINECS regulation, but no longer fall into this category due to a change of definition of “polymer” in the directive 92/32/EEC. These now need to be registered in accordance with REACH. Normal polymers are exempted from being registered and evaluated. However, they may still be subject to authorisation or even restriction. 15. What happens if I don’t register? Failure to register means that the substance must not be imported or manufactured within the EU. 16. What is a RIP? A RIP is REACH Implementation Project, with 11 years’ project timeline till 2018. 17. What is the difference between a phase-in and a non phase-in substance? A phase-in substance is a substance that has been listed in EINECS and/or manufactured in the EC, but never actually been placed on the market during the last 15 years. No-longer polymers are also phase-in substances. A non phase-in substance is a completely new substance that has neither been used nor registered in the market before the entry of force of REACH. Any non phase-in substance must be registered before it can be used in a manufacturing process. 18. What is a Chemical Safety Assessment? A chemical safety assessment (CSA) is a part of the registration dossier that must be prepared, if the import of a substance is bigger than 10 tonnes a year. It should list the hazards of the substances and assess their risks. The Chemical Safety Report (CSR) completes the risk assessment by stating how the risks are adequately controlled. The risk assessment needs to be performed for all different exposure scenarios, that is: for all ways in which the substance is manufactured or used, including the different ways
ComplianceXL To Conduct Compliance Consulting And Training For A Global Leader In Communication And Security Systems
ComplianceXL has been selected by a Global Leader in Communication and Security Systems to extend Compliance Consulting and Training for their supply chain team in the USA. The compliance program starts with a Gap Analysis of current compliance efforts, development of a cost-effective compliance roadmap and framework for implementing the strategy throughout their supply chain. ComplianceXL will train key stakeholders and provide guidance on how to be compliant and assess how compliance affects their supply chain globally. This engagement between ComplianceXL and the Client will help the client to meet global regulatory requirements for parts and products imported into the European Union. The entire program enables the client to prevent fines, shipment stoppages, as well as create new market opportunities and sales. ComplianceXL will deliver onsite training through a senior compliance expert, who will provide the client knowledge on global compliance requirements such as Producer responsibility, Compliance Documentation protocols, Due Diligence and Compliance Reporting, Labelling and CE marking, Compliance Data integration to their ERP and PLM Systems. During this consulting and training period, the Compliance Expert will also resolve all their queries relating to compliance regulations. “Our focussed approach in Compliance Consulting enables clients to align their business processes to critical compliance requirements and strategies. We have been successful in conducting various compliance programs and the success of that has led to a trusted relationship with many such clients,” says CK Bharathan, Head – Compliance Solutions, ComplianceXL. After successful training and consultation program, ComplianceXL is also expecting to sign an extended contract on Supply Chain Sustainability for the client to comply with global compliance regulations. About ComplianceXL: ComplianceXL is the Compliance Solutions Division of Enventure, a leader in the compliance business since 2003. ComplianceXL is a one-stop solution for all supply chain compliance requirements, ranging from consulting and training to software deployment and compliance documentation, related to regulations such as RoHS, REACH, Conflict Minerals, CA Prop65, OSHA and other global legislations and directives. By implementing a transparent and well-structured compliance program, ComplianceXL enables clients and all key stakeholders to follow an integrated process, to meet regulatory obligations. Beyond an initial compliance program implementation, ComplianceXL also provides ongoing support to clients for continued compliance to regulations.
New Cobalt Reporting Template (CRT), How Is It Different From CMRT?
Cobalt was supposed to be the fifth conflict mineral along with 3TG (Tin, Tungsten, Tantalum and Gold) when Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act was introduced in the United States. It was dropped because of resistance from corporates. Their reason was that identifying and validating smelters became complex as cobalt is primarily processed as a byproduct of copper and nickel mining. Cobalt is the key element used in batteries of mobile phones, laptops, and electric vehicles and hence the demand for cobalt has been increasing year after year. The increased demand forced many suppliers to source the cobalt from DRC since they are the world’s leading producer of cobalt. As a result, companies using cobalt in their products are forced to do due diligence to ensure responsible sourcing. Since there are reports of unsafe mining practices and the use of child labor, RMI has launched a pilot Cobalt Template (CRT) on 1st March 2018 to understand the difficulties and bottlenecks for the collection of due diligence information in the cobalt supply chain. The pilot phase will run from 1 March 2018 to 31 August 2018. The Cobalt Reporting Template (CRT) is a standard reporting template created by the Responsible Business Alliance (RBA) to gather information regarding mineral country of origin, and smelters and refiners being utilized. The CRT is limited only to cobalt supply chains. The CMRT follows the IPC-1755 Standard, which does not currently include cobalt or questions related to the cobalt supply chain. The CMRT is intended, in part, to facilitate the exchange of data necessary for compliance with Section 1502 of the Dodd-Frank Act. Even though there are no regulatory compliance requirements in place for cobalt now, CRTs should be provided to your customers, as a good practice measure, and may be posted on your website. Please Read more about cobalt reporting to learn more about cobalt reporting and download the RMI’s cobalt reporting template (CRT). Are you an importer of Cobalt? and Do you want to know how to perform due diligence under Responsible Cobalt Initiative (RCI) and RMI? Talk to our experts at ComplianceXL.