OVERVIEW ON CHEMICAL

MANAGEMENT
IN MALAYSIA
Seminar on OECD EHS Programme:
Chemical and Nanomaterial Management
28 September 2016 (Wednesday)

Environmental Management and Climate Change Division

Ministry of Natural Resources and Environment (NRE)
Background

Roles and Responsibilities of Agencies

Laws and Regulations

International Commitments

Current Progress in Chemical Management

Challenges and Gap

Way Forward
 2030 Agenda
Sustainable
Development
11th Malaysia Goals
Plan
National Policy on
the Environment

• Strengthening the
enabling environment A substantial use of
for green growth chemicals is essential to
meet the social and
• Adopting a sustainable economic goals of the
production and world community, with a
consumption high degree of safety
when best practices are
followed
To protect the health and environment through
environmentally sound management of chemical

To avoid harmful effects on human health and

environment through improvement of legal
framework, monitoring, evaluation and prevention

To avoid negative effects to the national economy

through restrictions on the import and export of
certain chemicals
• Due to industrial development, many chemical
substances and products are in Malaysia

• Uncertainty on types of chemicals used in a wide

range of consumer products and other products

• Large percentage of existing chemicals have not

been assessed

• Government is concerned about human and

environmental exposure from toxic substances
and unregulated chemicals used in a wide range
of chemical products
 Ministry of Natural Environmentally
Resources and Hazardous Substances
Environment (NRE) Steering Committee

Ministry of Ministry of Domestic

Ministry of Health International Trade Trade, Co-Operatives
and Industry and Consumerism

Ministry of Foreign Department of Department of

Affairs Environment Agriculture

Department of
Royal Malaysian Occupational Safety
Customs Department and Health

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 Ministry of Natural Resources and Environment

• to formulate/ review policy, strategies, actions plans and studies for

hazardous chemicals management in Malaysia

• as a focal point for SAICM and all Multilateral Agreements on

Chemicals and Waste to fulfill obligations as a state party;

• chairman for Environmentally Hazardous Substances Steering

Committee that comprises management and implementation of EHS
and Multilateral Agreements on Chemicals and Waste in Malaysia

• to promote coordination and cooperation among the regulatory

agencies and other stakeholders including industries

• to serve as a channel of communication between industry and other

interested parties either local or international

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 Ministry of Health

• to formulate/ review policy, strategies, actions plans and studies for

hazardous chemicals in health perspectives

• regulatory agencies to ensure all pharmaceutical, health and

cosmetics products in the market are safe, quality, efficacious,
regulated according to relevant legislations

• to enforce a licensing scheme for manufacturers, importer, exporter,

wholesaler, retailer in dealing with all controlled substances under
Poisons Act 1952

• to contribute directly to public health through coordination and

cooperation among the other agencies and stakeholders including
industries

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 Ministry of International Trade and Industry

• to formulate/ review policy, strategies, actions plans and studies for

chemicals and petroleum products related to industry and trade

• Chairman for National Coordinating Committee on implementation of

Global Harmonized System (NCCGHS)

• to enforce a licensing scheme for manufacturers in dealing with all

controlled substances under Industrial Coordination Act 1975

• to contribute directly to industry through coordination and cooperation

among the other agencies and stakeholders

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 Ministry of Domestic and Trade, Co-Operatives and
Consumerism

• to formulate/ review policy, strategies, actions plans and studies for

consumer goods

• to enhance consumer protection via laws and regulations under the

Consumer Protection Act 1999

• to serve as a channel of communication between industry and

association related to chemical industries

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 Ministry of Foreign Affairs

• focal point for Organization for the Prohibitions of Chemical

Weapons

• to manage and ensure peaceful use of chemistry as stated in

Chemical Weapons Convention on Economic and Technological
Development

• to ensure the effective implementation of Chemical Weapons

Convention through Chemical Weapons Convention Act 2005

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 Department of Environment

• to manage environmentally hazardous substances and enforce

scheduled hazardous wastes

• to implement environmentally hazardous substances

notification and registration scheme

• to implement obligations under multilateral agreements on

chemicals and waste on hazardous substances

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 Department of Agriculture

• to manage and enforce scheduled pesticides

• to assist Pesticides Board in regulating import, registration,

use, sales, storage of pesticides

• to implement obligations under multilateral agreements on

chemicals and waste on pesticides

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 Department of Occupational Safety and Health

• to formulate policy and standards on the safe use of chemicals

at the workplace

• to ensure safe use of the chemicals at the workplace via

enforcement of chemicals related legislations

• to promote good workplace chemical management practices

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 Royal Malaysian Customs Department

• regulatory agencies to ensure and combat all forms of

smuggling and fraud activities related to chemicals and waste

• to enforce operations against targets and manage the storage,

also disposal of seized and forfeited chemical goods and
waste

• to fulfill obligations under multilateral agreements on chemicals

and waste

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 CATEGORY AGENCY RELEVANT
LEGISLATION

IMPORT/ DISTRIBUTION
Pesticides Pesticides Board (PB) Pesticides Act 1974

Industrial Pharmaceutical Services Division Poisons Act 1952

Chemicals (PSD), Ministry of Health (MOH)

National Authority Chemical Chemical Weapons

Weapons Convention Convention Act 2005
Drugs Pharmaceutical Services Division Poisons Act 1952
(PSD), Ministry of Health (MOH)
Food Food Safety and Quality Division Food Act 1983
(FSQ), Ministry of Health (MOH)

Entry Point Royal Malaysian Customs Customs Act 1967

Department (RMCD)
 STAGES AGENCIES RELEVANT
LEGISLATION

PRODUCTION/RELEASES
Emissions to Department of Environment (DOE) Environmental Quality
air, water and Act 1974
soil
Workers’ health Department of Occupational Safety Occupational Safety and
and safety and Health (DOSH) Health Act 1994

Pesticide Food Safety and Quality Division Food Regulations 1985

residue in food (FSQ), Ministry of Health (MOH)

National National Authority Chemical Chemical Weapons

Security Weapons Convention Convention Act 2005
Ministry of Home Affairs Protected Areas and
Protected Places Act
1959
 STAGES AGENCIES RELEVANT
LEGISLATION

TRANSPORT OF DANGEROUS GOODS

Transportation Ministry of Transport (MOT) Civil Aviation Act

(air, road, sea 1969; Road Transport
and rail) Act 1987

USE / HANDLING

Pesticides Pesticides Board (PB) Pesticides Act 1974

Cosmetics Pharmaceutical Services Control of Drugs and

Division (PSD), Ministry of Cosmetics
Health (MOH) Regulations 1984
Workers’ Department of Occupational Occupational Safety
health and Safety and Health (DOSH) and Health Act 1994
safety
 STAGES AGENCIES RELEVANT
LEGISLATION

DISPOSAL

Scheduled Department of Environment Environmental Quality

wastes (DOE) Act 1974
STRATEGIC APPROACH TO INTERNATIONAL CHEMICALS MANAGEMENT
(SAICM)

 policy framework that promotes chemical safety around the world

 main objective : to achieve the sound management of chemicals throughout their
lifecycles. By 2020, chemicals are produced and used in ways that minimize
significant adverse effects on human health and the environment.
 ‘2020 goal’ was adopted by the World Summit on Sustainable Development
(WSSD) in 2002 as part of the Johannesburg Plan of Implementation.
 SAICM text comprises the Dubai Declaration on International Chemicals
Management, Overarching Policy Strategy (OPS) and Global Plan of Action (GPA)

MALAYSIA’S Represented :
COMMITMENT • first ICCM in Dubai (2006)
• second ICCM in Geneva (2009)
• third ICCM in Nairobi (2012)
• fourth ICCM in Geneva (2015)
NATIONAL Environmental Management and Climate Change Division, NRE
FOCAL POINT
BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY
MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL
Objectives:
• to reduce hazardous waste generation and to promote environmentally
sound management of hazardous wastes, wherever the place of
disposal
• to restrict trans boundary movements of hazardous wastes except
where they are perceived to be in accordance with the principles of
environmentally sound management

MALAYSIA’S Acceded to on 08 October 1993

COMMITMENT
NATIONAL Department of Environment (DOE)
FOCAL POINT
ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT (PIC)
PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN
INTERNATIONAL TRADE

BRIEF Objectives:
DESCRIPTION • to promote shared responsibility and cooperative efforts among
Parties in the international trade of certain hazardous chemicals
in order to protect human health and the environment from
potential harm
• to contribute to the environmentally sound use of those
hazardous chemicals, by facilitating information exchange about
their characteristics, by providing a national decision-making
process on their import and export and by disseminating these
decisions to the Parties.
MALAYSIA’S Acceded to on 04 September 2002
COMMITMENT
NATIONAL FOCAL Environmental Management and Climate Change Division, Ministry
POINT of Natural Resources and Environment (NRE)
i) DNA Industrial Chemicals: Department of Environment (DOE);
ii) DNA Pesticides: Department of Agriculture (DOA)
STOCKHOLM CONVENTION ON PERSISTENT ORGANIC
POLLUTANTS (POPS)
Objectives: to protect human health and the environment from chemicals
that remain intact in the environment for long periods, become widely
distributed geographically, accumulate in the fatty tissue of humans and
wildlife and have adverse effects on human health and the environment

MALAYSIA’S Signed on 16 May 2002

COMMITMENT

NATIONAL Environmental Management and Climate Change NRE

FOCAL POINT
 MINAMATA CONVENTION ON MERCURY

Objectives:
 to protect human health and the environment from anthropogenic
emissions and releases of mercury and mercury compounds
 solely dedicated to managing mercury and mercury compounds
throughout their life cycles
 aims to reduce the use of mercury and ultimately phase out mercury
through utilization of substitutes and other alternative technologies

MALAYSIA’S Signed on 24 September 2014

COMMITMENT
NATIONAL Environmental Management and Climate Change
FOCAL POINT Division, NRE
• Actively participated in various international events (SAICM, APEC
Chemical Dialogue and Chemical Working Groups);

• Important committees were formed:

• Environmentally Hazardous Substances Steering Committee (EHSSC)
• National Coordinating Committee on implementation of Global Harmonized System
(NCCGHS)
• Pesticides Board Meeting
• National Mercury Steering Committee (JPKKM)

• Establishment of
• online EHS Notification and registration scheme as a voluntary basis;
• CIMS online systems for chemical safety at workplace as a mandatory scheme;

• Risk assessment :
• Chemical Health Risk Assessment by DOSH
• Pesticides Registration by Pesticides Board
• DOE has selected few EHS as a pilot study
• Close engagement with industries and customs to facilitate
enforcement at point of entry

• Cross-sector commitment by the stakeholders to coordinate

approaches and common principles in strengthening the good
practices for safe and ecologically sustainable hazardous substance
and hazardous waste management.

• Implementation Plan for Classification of Chemicals – Global

Harmonized System (GHS) Classification System for registration of
imports, transportation and safe handling of chemicals and
hazardous substances; and

• Training modules – EiMas under DOE and Malaysian Technical

Cooperation Programme has developed few training modules for
chemicals management.
Some important studies has been carried out:

i.Environmental Hazardous Substances in Malaysia (2006)

ii.Substance Flow Analysis (2006)

iii.Information on Chemicals Management in Malaysia (2011)

iv.Strategy and Action Plans on Chemical Management

(Phase 1st- year 2009 & 2nd Phase – year 2014)
 Risk
Existing
assessment for
institutional
Inadequate the
framework
financial environment
limits the
resources and consumer
government’s
yet to be
ability developed
Lack of
awareness on
Lack of
Limited safe and
knowledge,
chemicals data sustainable
skills and
and inventory way of
manpower
managing
chemicals
National Development Planning

Strengthening Legal Frameworks

Chemical Information and Registry

Risk Assessments for Hazardous Chemicals

Coordination and Cooperation

Public Awareness, Education and Capacity Building

• to mainstream the hazardous chemical management in national
development planning together with a secure funding

• to evaluate the implementation of strategies and actions plans in relation

to the Conventions

• to strengthen the planning on policy, chemical identification and

classification, monitoring and evaluation, preventative measures through
National Steering Committee on Environmental Hazardous Substances

• to conduct a study on exploring the possibility of single entity to enhance

the hazardous chemicals management

• to ensure activities for hazardous chemicals are well planned and

prioritized

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• to strengthen the existing legal framework on hazardous chemicals :
manage and regulate the life cycle of hazardous chemicals from cradle to
cradle or cradle to grave.

• to enhance the enforcement of existing legal framework and further

improve strategies and actions plans related to hazardous chemicals

• to formulate new regulations related to hazardous chemicals to fully

implement the notification, registration and risk assessment

• to establish technical working groups addressing issues pertaining to

import and export of hazardous chemicals

• to further enhance reporting and evaluation process for both import and
export of hazardous chemicals

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• to mandatory the EHS notification and registration online system for
hazardous chemicals

• to compile all hazardous chemicals as a baseline inventory and

identify mechanism to complement both EHS Notification System by
DOE and Chemical Information Management System (CIMs) by DOSH

• to classify all chemicals (workplace chemicals, pesticides and

consumer chemicals) through GHS

• to look into a national hazardous chemical registry to better control

hazardous chemicals imported and manufactured in Malaysia

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• to enhance risk assessments for the environment and consumer

• to encourage industries to conduct their own risk assessments for

hazardous chemicals

• to improve the testing facilities for hazardous chemicals by

accredited laboratories for risk assessment activities

• to encourage existing risk assessments measures for pesticides,

pharmaceuticals and cosmetics to be effectively monitored and
enforced.

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• to enhance the coordination of efforts, activities and cooperation from all
relevant agencies to achieve sound management of chemicals

• to encourage industries to provide more information about hazardous

properties of the chemicals contained in their products or in manufacturing
process

• to conduct active dialogues between chemical industries and regulatory

agencies to strengthen coordination

• to collaborate with other stakeholders such as universities, research

institutions, academia and NGOs to share information on hazardous
chemicals.

• to strengthen enforcement to prevent and control illegal formulation,

manufacture, use and illegal trade of chemicals

• to actively participate in international initiatives in hazardous chemicals

management (share knowledge and experience)

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• to revise training modules on life cycle of hazardous chemicals
management to build technical expertise especially in hazard and
risk assessment

• to conduct regular trainings for regulatory agencies to build a

common understanding of issues and international trends and also
for an effective participation locally or internationally

• to encourage public awareness on hazardous chemicals through

multiple media

• engagement with industries through dialogues and seminars related

to hazardous chemicals management

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 DATE INCIDENTS
8 May 1991 A series of explosions and fire destroyed a fireworks factory in Sungai Buloh causing 40 deaths
and at least 60 people to be seriously injured.

22 June 1992 One of the tanks containing xylene on a ship in Port Klang caught fire.

28 March 1995 41 drums of potassium cyanide were dumped at a Pangkor island landfill.

19 February 1999 Crude oil amounting to 80 barrels spilled into waters 102 nautical miles off Terengganu after a
supply boat crashed into an oil platform belonging to Esso Production Malaysia Incorporated.

30 October 2000 A consignment of 15 plastic drums filled with hydrogen peroxide carried by a lorry which
overturned, causing part of the contents to spill into the river in Alor Star.

10 February 2001 Three drums of caradol spilled onto the road following a collision between two lorries in Bukit
Mertajam.

17August 2005 A lorry carrying 23 tanks of hydrochloric acid rammed into the back of another lorry heading in
the same direction in Melaka.

26 December 2013 A truck carrying 24 tanks of nitric acid and hydrochloric acid overturned at Machang.

2 April 2014 11 people suffered burns including 3 critically injured in a fire believed triggered by a spillage
from an oil storage tank at a petrol station in Dataran Shell at Gua Musang.