INFORMATION
Regardless of the requirement in 2017 for SDS preparation of mixture in Thailand.
Most of the players had already completed the SDS requirements for mixtures by 2017, based on the GHS. Misunderstandings have been generated on the Thai version of SDS preparation.
The Ministry of Industry, Thailand demands players who are handling hazardous substances at the specific industries/factories to comply with the two new Notifications by April 25th.
One of the major requirements is to prepare a Thai version of SDS which shall be mentioned Thai local regulatory information, regardless of the previous requirements in 2017.
In 2022 and 2023, The Ministry of Industry, Thailand had issued two Government Gazettes requiring the preparation of a safety data sheet (hereinafter referred to as "SDS") in the Thai language by April 25, 2024, for chemicals containing hazardous substances stipulated in the Hazardous Substances Act (hereinafter referred to as "hazardous chemicals").
The mandatory preparation of an SDS is considered to be an indication of the Ministry of Industry's strong will to prevent the recurrence of the explosion accident at a foreign-affiliated chemical plant (Samut Prakan Province, near Bangkok) on July 5, 2021.
The Chapter 3 and 15 of the SDS must specify the names of hazardous substances and applicable Thai laws. Still, in the case of a general global version of the SDS, there is a concern that only the English version or the relevant laws and regulations of Thailand are not described. In addition, confidential information (CBI) such as ingredient names, concentrations, and CAS numbers for hazardous substances are not preserved.
From April onwards, the Ministry of Industry will likely step up unannounced inspections of factories that handle hazardous chemicals, in addition to regular factory inspections. If it is considered malicious, direct punishment is possible. Businesses that deliver hazardous chemicals to target factories are also not exempted from their responsibilities as suppliers.
We saw a growing perception that the Thai government is flexible in operation, even if it creates regulations. However, in the case of the aforementioned explosion at a foreign-affiliated chemical plant, the authorities are serious about the fact that the Minister of Industry and the Director General in charge had promised to strengthen monitoring of the target plant and strengthen the management of hazardous chemicals in front of the media.
工業省から発出された2つの官報告示をご紹介します。
作成期限：2024年4月25日
対象：有害物質法等に規定された有害物質を含む化学品（混合物）
Notification_DIW_THAILAND_SDS_mandatory_2022.pdf (0.27MB)
Notification_DIW_THAILAND_SDS_2023.pdf (0.17MB)
The Department of Industrial Work, DIW obliges to prepare Thai SDS for players who handle hazardous chemicals in Thailand by April 25th, 2024.
The two Notifications are the basis of the obligation.
Just note to remind you that suppliers of hazardous chemicals cannot avoid the requirements.
Notification_DIW_THAILAND_SDS_mandatory_2022.pdf (0.27MB)
Notification_DIW_THAILAND_SDS_2023.pdf (0.17MB)
Please contact:
| No. | Field | Question | Answer |
| 1 | Basics | What are the (chemical) substances for which Thai SDS creation is mandatory? | Chemicals containing hazardous substances as defined in the Hazardous Substances Act, etc, determined by chemical name, CAS number, cut-off value, etc. |
| 2 | Basics | Who is responsible for SDS preparation, plant owners? | Factories in certain industries as defined in the Factories Act. |
| 3 | Basics | Who is responsible for the SDS, supplier of hazardous chemicals? | Suppliers who supply hazardous substances to the specific factories must be responsible for preparation of Thai SDS |
| 4 | Basics | We have a lot of chemicals and we don't know which ones are subject to Thai SDS mandates. | The components of your company's chemicals are extracted from HS-TECH's datasets (e.g. Hazardous Substances Act, Health and Safety at Work Environment Act, etc.) by CAS number or text string to check whether Thai SDSs are mandatory or not. |
| 5 | Basics | If the Thai SDS has not been prepared by April 25 and the supervisory authority points out the illegal situation, what to do after that? | Actions need to be taken to avoid direct punishment and to bring the matter to guidance/recommendation. Example 1) Prepare documentation that clearly states that the Thai SDS preparation work is in progress and that the completion date and time are clear. Example 2) Skills and performance of the Thai SDS preparer. |
| 6 | Basics | What is the problem with the way of description on non-disclosure of ingredients on SDS? | In SDS Section 3 'Composition Information on Ingredients', a number of notations are found that do not comply with the guidance of the Ministry of Industry. The product cannot clear customs as it is. |
| 7 | Basics | Isn't this common in Thailand, where the Thai government creates regulations but is not strict in the actual operational phase? | The Ministry of Industry is getting serious after the public outcry caused by the massive explosion and fire at a Taiwanese chemical plant. On-site inspections will be stepped up. |
| 8 | Basics | I don't know if the "Worldwide SDS" that we have covers Thai laws and regulations. | For example. Check SDS section 15 'Regulatory Information'. The SDS needs to be revised if Thailand-related laws and regulations are not yet mentioned. |
| 9 | Basics | Does HS-TECH have a guide on hazardous chemicals in Thailand? | HS-TECH can provide clients with a guidebook, entitled 'Recent Developments in the Regulation of Hazardous Substances in Industrial Chemicals under the Jurisdiction of the Department of Industrial Works (DIW)' and other documents for a little fee. |
| 10 | Penalty | How much is the fine? | Up to 200,000 baht/case |
| 11 | Penalty | How much is the fine? | If it is found to be malicious, it may also result in imprisonment. |
| 12 | Penalty | How much is the fine? | Companies that receive tax benefits, such as corporate tax exemptions, must be the first priority of inspection by Thai Governments. |
| 13 | Quality | What is E Grade (Excellent) of Thai SDS? | Revision of deliverables (up to two times), including SDS layout adjustments, as pointed out by the client. |
| 14 | Quality | What is S Grade (Standard) of Thai SDS? | The client is responsible for the detailed appearance and layout adjustments of the Thai SDS. The client is requested to inspect the Thai SDS at the same time as delivery. However, obvious typographical errors and omissions in Thai will be corrected if pointed out. |
| 15 | Quality | Is there a problem with Thai SDS quality compared to other companies? | HS-TECH provides S grade (Standard) or E grade (Excellent) of Thai SDA according to quality and request by client. |
| 16 | Quality | Is there a problem with Thai SDS quality compared to other companies? | HS-TECH will, if necessary, consults the cooperation and advice of academics in this field. |
| 17 | Quality | What about the quality of local companies that provide Thai SDS？ | Our second opinion works and other works observed that the quality of local companies (several of them) Thai SDS were extremely low. |
| 18 | Quality | How is the quality of the Thai version of the SDS creation tool / software? | The Thai SDS quality, generated by the tool / software is inferior to our Standard grade quality. |
| 19 | Quality | Which of revised GHS Thai edition does HS-TECH adopt when creating Thai SDS？ | HS-TECH basically conforms to the GHS Revision 3rd edition. However, due to subsequent developments in Thai, HS-TECH handles the client's requests flexibly. |
| 20 | Quality | Is it possible for client to revise only Chapter 15, Regulatory Information? | YES. HS-TECH covers all relevant Thai regulations, including Hazardous Substances Act, the Health and Safety Workplace Environment Act and the Process Safety Management Regulations. |
| 21 | Quality | Can client check the quality of SDS, created by HS-TECH? | HS-TECH can provide clients with half-page of Thai SDS. |
| 22 | Quality | Is it possible to handle regular maintenance of the Thai SDS? | HS-TECH continuously monitors around 60 Thai regulations as well as the ones in various countries. Regulatory monitoring services are available on request. |
| 23 | Price | Is it possible to get a discount? | HS-TECH must be flexible in price setting, based on inspection / payment terms / quality (S, E grade) |
| 24 | Price | How much does it cost to create a Thai SDS? | Contact us. We will do our best to cope with your requests. |
| 25 | Backgrounds | Why is the Thai SDS creation mandatory? | The Ministry of Industry and the relevant regulatory authorities were severely reprimanded by Thai society for their inadequate response to a major fire and explosion at a chemical plant in Thailand. |
| 26 | Delivery | How long does it take to create a Thai SDS? | It takes around several days; We do not use SDS auto-generation tools or softwares. However, in the case of scratch, it depends on the status of the components of the chemicals. |
| 27 | Delivery | What can clients do to streamline delivery times? | Please provide SDS in a Microsoft Word file. |
| 28 | Delivery | What can clients do to streamline delivery times? | Please provide the number of SDS and the total number of components of the chemicals |
| 29 | Delivery | Is it possible to create a Thai SDS from the information of only ingredients? | Thai SDSs from scratch can also be created by HS-TECH. |
| 30 | Contract agreement | Confidential agreement | HS-TECH can provide you with a template of contract (in English). |
| 31 | HS-TECH | Outlines of HS-TECH in chemical management services. | HS-TECH is providing risk management support and overseas development support services in ASEAN and India. ■Feature 1: 'Trends in Chemicals Regulation in India', Journal of Chemicals Management, Vol.06 No. 12, Tokyo, 2022 |
| 32 | HS-TECH | Outlines of HS-TECH in chemical management services. | Web Seminar: Q&A on chemicals in Thailand (50 minutes for each company) https://technohill.co.jp/2022/September, hosted by Technohill Co. |
| 33 | HS-TECH | Outlines of HS-TECH | Independent consulting company established in Thailand in March 2013. |