Malaysia
Regulation CLASS 2013 and ICOP

How is the GHS implemented
in Malaysia?

Malaysia officially implemented the third edition of the Globally Harmonized System (GHS) through the Regulation on Classification, Labelling and Safety Data Sheet of Hazardous Chemicals (Regulation CLASS). This act is enacted under the Occupational Safety and Health Act of 1994 (Act 514). One of the main objectives of the CLASS Regulation is to ensure a safe working environment and conditions.

On June 13, 2022, the Department of Occupational Safety and Health (DOSH) published a proposal for amendments to the CLASS 2013 Regulation, to align with the provisions of the eighth edition of the GHS. The proposal was open for public comments from June 13, 2022, to August 15, 2022. At the moment, there is no set date for its implementation.

What is the CLASS Regulation?

The CLASS Regulation is the adaptation of the GHS Rev. 3 in Malaysia.

The CLASS Regulation entered into force on October 12, 2013, thus replacing the previous Classification, Packaging and Labeling of Hazardous Chemicals Regulation of 1997. According to the CLASS Regulation, all chemical products from April 17, 2015, must have an SDS and labeling.

• The DOSH published in 2014 the "Industry Code of Practice on Chemical Classification and Hazard Communication" (ICOP) with the aim of assisting the implementation of the CLASS Regulation. The ICOP Code consists of four parts:
  • Part 1: List of Classified Chemicals
  • Part 2: Chemicals classification
  • Part 3: Hazard Communication: Labelling and Safety Data Sheet (SDS)
  • Part 4: Confidential Business Information (CBI).
• An amendment to Part 1 of the code was published in October 2019, updating the list to 662 chemicals classified according to the GHS.

The main body in charge of the adaptation of the GHS in Malaysia is the DOSH. Another important body in Malaysia is the Ministry of Domestic Trade and Cost of Living, which is actively involved in chemical laws affecting the general consumer.

The CLASS Regulation applies to hazardous chemicals in general, although there are certain exceptions such as cosmetics, pesticides and detergents.

What are the most relevant points of the CLASS Regulation?

• Both the SDS and the label should be available in two languages: Malay and English.
• The SDS must follow the 16-section structure of the GHS. The guidelines on the elaboration of SDS are collected in ICOP 2014.
  • The emergency telephone number in section 1.4 must include a local number (available 24 hours and indicate the country code: +60). If the chemical is imported, the emergency telephone number may be that of the foreign manufacturer as long as it provides 24-hour service.
• It has three types of hazards for the purposes of classification and labeling: physical hazards, health hazards and environmental hazards.
• It does not apply to: chemicals that are radioactive, scheduled waste, cosmetics, scientific research or development use. In addition, classification, packaging and labeling will not be applied to pesticides or chemicals in transit stored before exporting.
• Importers or manufacturers of hazardous chemicals that produce one metric ton or more per year, must prepare an inventory with the following information about each hazardous substance: identifier, name, composition, ingredients, hazard classification and total quantity of the hazardous chemical. In this way, a document will be prepared and submitted to the General Director of DOSH no later than March 31 of each year.
• Minimum labeling requirements include: product and supplier identification, pictograms, warning words, H phrases and P phrases.
  • The size of the pictograms must be one fifteenth of the total size of the label, or at least 10x10 mm.
  • The letters will be at least 7 points in size.

What other chemical requirements apply to Malaysia?

• In April 2021, MyEHS website was established as the official portal for registering Environmentally Hazardous Substances (EHS). Its objective is to search and create a list of registered substances along with their user manuals, among others. This system replaced the previous one of Notification and Registration of Environmentally Hazardous Substances (EHSNR), which was voluntary.
• Cosmetics are governed by the Control of Drugs and Cosmetics Regulation, 1984 (P.U.(A) 223/1984) and controls the safety, notification and marketing of cosmetics in Malaysia. The National Pharmaceutical Regulatory Agency (NPRA), which reports to the Ministry of Health (MOH) of Malaysia, is responsible for enforcing such regulation.
• Pesticides are regulated by the Malaysian Pesticides Board, established in the Pesticides Act, 1974 (Act 149). It supervises the registration, use, import and sale of pesticides in the country. It is under the Ministry of Agriculture and Food Security (MOA) of Malaysia.
• Detergents are considered general consumer products and are not regulated by a single legislation. Therefore, depending on its use, it will be regulated by different entities. For example, household detergents will have to comply with the Consumer Protection Act of 1999. If the detergents contain hazardous chemicals, they are governed under CLASS 2013 and their notification on MyEHS.

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