Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities



Annotation:

In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents.

In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products.  Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities.

The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents.

When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.

Annotation:

In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents.

In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products.  Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities.

The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents.

When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.

References:
1. Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Available at: https://www.unece.org/fileadmin/DAM/trans/danger/publi/ghs/ghs_rev04/Russian/00r_intro.pdf (accessed: September 2, 2022). (In Russ.).
2. Klovach E.V., Buynovskiy S.N., Seleznev G.M., Lobanov F.I. Assessment of the Effect of Changes in the Classification of Chemical Products on Industrial Safety Legislation. Bezopasnost Truda v Promyshlennosti = Occupational Safety in Industry. 2018. № 8. pp. 69–74. (In Russ.). DOI: 10.24000/0409-2961-2018-8-69-74
3. Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L0018&rid=9 (accessed: September 2, 2022).
4. Convention on the Transboundary Effects of Industrial Accidents. Available at: http://www.unece.org/fileadmin/DAM/env/documents/2017/TEIA/Publication/RUS_ECE_CP_TEIA_33_final_Convention_publication_March_2017.pdf (accessed: September 2, 2022). (In Russ.).
5. Peeters P. Seveso I, II and III: good things come in threes. Available at: https://www.lexology.com/library/detail.aspx?g=05bf6a55-d97f-4a5c-8214-6171c7d735b5 (accessed: September 2, 2022).
6. Guidance on Information Requirements and Chemical Safety Assessment. Available at: https://echa.europa.eu/documents/10162/13632/information_requirements_part_e_en.pdf/1da6cadd-895a-46f0-884b-00307c0438fd (accessed: September 2, 2022).
7. The Control of Major Accident Hazards Regulations (COMAH) 2015. Available at: https://www.hse.gov.uk/pUbns/priced/l111.pdf (accessed: September 2, 2022).
8. On the technical regulation of the Eurasian Economic Union on the safety of chemical products: decision of the Council of the Eurasian Economic Commission dated March 3, 2017, № 19. Available at: https://docs.cntd.ru/document/456065075 (accessed: September 2, 2022). (In Russ.).
9. On industrial safety of hazardous production facilities: Federal Law of July 21, 1997, № 116-FZ. 23-e izd., ispr. i dop. Moscow: ZAO NTTs PB, 2022. 52 p. (In Russ.).
10. On amendments to the Federal Law on the Industrial Safety of Hazardous Production Facilities, certain legislative acts of the Russian Federation, and on the invalidation of subparagraph 114 of paragraph 1 of Article 333.33 of part two of the Tax Code of the Russian Federation: Federal Law of March 4, 2013, № 22-FZ. Available at: https://base.garant.ru/70326872/1cafb24d049dcd1e7707a22d98e9858f/#friends (accessed: September 2, 2022). (In Russ.).
11. Technical regulation on fire safety requirements: Federal Law of July 22, 2008, № 123-FZ (as amended on July 14, 2022). Available at: https://docs.cntd.ru/document/902111644 (accessed: September 2, 2022). (In Russ.).
12. GOST 12.1.044—89 (ISO 4589—84). Оccupational safety standards system. Fire and explosion hazard of substances and materials. Nomenclature of indices and methods of their determination. Available at: https://docs.cntd.ru/document/1200004802 (accessed: September 2, 2022). (In Russ.).
13. GOST 32419—2013. Classification of chemicals. General requirements. Available at: https://docs.cntd.ru/document/1200107879 (accessed: September 2, 2022). (In Russ.).
14. GOST 32423—2013. Mixtures classification of hazard for health. Available at: https://docs.cntd.ru/document/1200108173 (accessed: September 2, 2022). (In Russ.).
15. GOST 32424—2013. Classification of chemicals for environmental hazards. General principles. Available at: https://docs.cntd.ru/document/1200107880 (accessed: September 2, 2022). (In Russ.).
16. GOST 32425—2013. Chemical mixtures classification of hazard for environment. Available at:https://docs.cntd.ru/document/1200107881 (accessed: September 2, 2022). (In Russ.).
17. GOST R 58473—2019. Classification of danger of chemicals. General requirements. Available at: https://docs.cntd.ru/document/1200167656 (accessed: September 2, 2022). (In Russ.).
DOI: 10.24000/0409-2961-2022-10-27-32
Year: 2022
Issue num: October
Keywords : classification industrial safety hazardous production facility fire safety technical regulations Convention chemicals combustible substances flammable substances легковоспламеняющиеся вещества Directive physical hazards
Authors: