As of 1 February 2018, new safety data sheets and product labels must comply with the rules that were adapted to technical progress in the 8th ATP of the European CLP regulation, Commission Regulation (EU) 2016/918 of 19 May 2016. Now is a good time to do a quick compliance check on your product stewardship program, to make sure your company follows the new rules and to remind your suppliers in case they have not noticed the deadline.

Companies were advised What to expect from the 8th ATP to CLP in detail early in 2017. Safety data sheets published and labels on products placed on the market after 1 February 2018 must comply with the new rules. 

You can use this 3-step compliance checklist to assess whether your product stewardship and hazard communication program is in good shape. 

1. Check for changes to which set of precautionary statements apply

Check your product portfolio for any cases that are classified in the following hazard classes:

• Explosives, unstable [Unst. Expl. (H200)]
• Explosives, Div 1.1 [Expl. 1.1 (H201)]
• Explosives, Div 1.2 [Expl. 1.2 (H202)]
• Explosives, Div 1.3 [Expl. 1.3 (H203)]
• Explosives, Div 1.4 [Expl. 1.4 (H204)]
• Explosives, Div 1.5 [Expl. 1.5 (H205)]
• Gases under pressure, refrigerated liquified gas [Press. Gas (H281)]
• Self-reactive, Type A [Self-react. A (H240)]
• Self-reactive, Type B [Self-react. B (H241)]
• Self-reactive, Type C - D [Self-react. CD (H242)]
• Self-reactive, Type E - F [Self-react. EF (H242)]
• Pyrophoric, Cat. 1 [Pyr. Liq. 1 (H250)]
• Pyrophoric, Cat. 1 [Pyr. Sol. 1 (H250)]
• Self-heating, Cat. 1 [Self-heat. 1 (H251)]
• Self-heating, Cat. 2 [Self-heat. 2 (H252)]
• In contact with water, emit flammable gas, Cat. 1 [Water-react. 1 (H260)]
• In contact with water, emit flammable gas, Cat. 2 [Water-react. 2 (H261)]
• Oxidizing, Cat. 1 [Ox. Liq. 1 (H271)]
• Oxidizing, Cat. 2 [Ox. Liq. 2 (H272)]
• Oxidizing, Cat. 3 [Ox. Liq. 3 (H272)]
• Oxidizing, Cat. 1 [Ox. Sol. 1 (H271)]
• Oxidizing, Cat. 2 [Ox. Sol. 2 (H272)]
• Oxidizing, Cat. 3 [Ox. Sol. 3 (H272)]
• Organic peroxides, Type A [Org. Perox. A (H240)]
• Organic peroxides, Type B [Org. Perox. B (H241)]
• Organic peroxides, Type C - D [Org. Perox. CD (H242)]
• Organic peroxides, Type E - F [Org. Perox. EF (H242)]

If these cases apply to products your company sells, or purchases, you should do a spot-check on a representative sample to see if the new set of precautionary statements have been correctly applied. A table showing the P-statements that apply under the 8th ATP compared to those that had been applied previously is available in the detailed overview of What to expect from the 8th ATP to CLP,  or download a handy reference table at Chemical Safety Consulting resources: P-statement changes in 8th ATP of CLP / 5th Revision of GHS.

2. Check for revisions to the text of precautionary statements

In addition to changes regarding which P-statements apply in each case, the P-statements themselves have been revised. A couple of the more significant changes are listed below. Look for these cases to evaluate if the label or safety data sheet you are evaluating has been updated to the new regulation.

It is useful to remember during this check that labels on products coming into your receiving department may not yet be updated - products already in the distribution chain have a transitional period until 1 February 2020 to be used up before they must be relabelled with the updated version. But all labels on your company's products which are shipping out after 1 Feb 2018, and all safety data sheets received with a publish/revision date after 1 February 2018 should pass this compliance check. 

Revised statements: 

• P231 — Handle and store contents under inert gas/ …
  The use of the "and store" advice here is important due to the deletion of the P-statement for storage.
• P234 — Keep only in original packaging
  The reference to packaging replaces "container."
• P243 — Take action to prevent static discharges
  The new phrasing is less awkward than the old statement, "Take precautionary measures against static discharge."
• P372 — Explosion risk
  The phrase used to imply the explosion risk only "in case of fire."
• P420 — Store separately
  If the phrase reads "Store away from other materials" it is not yet updated.

There are many more revisions of P-statements, but most of them still give advice very similar to the older P-statements, most revisions involve simple inclusion of all conditions that previously were to be selected by the supplier or competent authority. 

Deleted statements: if you find one of these, the document is not updated to the 8th ATP of CLP:

• P221 — Take any precaution to avoid mixing with combustibles/ …
• P235 + P410 — Keep cool. Protect from sunlight
• P374 — Fight fire with normal precautions from a reasonable distance
• P422 — Store contents under …
• P411 + P235 — Store at temperatures not exceeding?1°C/?2°F. Keep cool

Note that the P235 statement is now applied only in the context of 'prevention' statements so it is not combined with the statements in the P400-series for storage advice. P422 was deleted in favor of noting the need to both handle and store under an inert gas in the statement coded as P231 + P232.

 A table comparing the old and new text of the P-statements that were revised in the 8th ATP is available in the detailed overview of What to expect from the 8th ATP to CLP,  or download a handy reference table at Chemical Safety Consulting resources: P-statement changes in 8th ATP of CLP / 5th Revision of GHS.

3. Special attention: updates to physical hazard classification

Companies that sell or purchase products with the following physical hazards should take extra care to review the changes in the regulation:

• explosives (including those exempted from dangerous goods/transport regulation), 
• aerosols, 
• self-reactive materials, 
• solid oxidisers, or 
• organic peroxides

The classification logic and decision flow charts for these physical hazards have been updated or clarified, in some cases adding new test methods or new parameters to the evaluation. Also, the update requires hazard communication in the case of explosives exempted from classification as dangerous goods when packaged (test series 6).

These changes may not be easily visible in the SDS or label, especially if the clarifications were understood correctly prior to the 8th ATP or in case the new test methods or parameters are not relevant. If in doubt, ask the people responsible for classifications if the new rules are being taken into account. 

Where to find more guidance

Fortunately, ECHA is also catching up and succeeded in publishing updated guidance manuals for the application of the CLP criteria as well as for labelling and packaging. If your compliance check has raised questions, you can find support in the guidance manuals, or contact Chemical Safety Consulting for help.