Passing REACH Enforcement SDS checks
The 11th REACH-En-Force (REF-11) project found that 35% of SDSs inspected were non-compliant. The most problematic sections were 3 (Composition), 8 (Exposure Controls), and 9 (Physical Properties), with nearly half of all non-compliance linked to Sections 3 and 8. Sections 3, 8, 9, and 11 are closely interconnected. When one section is insufficient or incorrect, it often triggers issues elsewhere. These cascading errors highlight the importance of holistic SDS authoring.
In many regions, if the relevant authority identifies a non-compliant SDS, they may suspend all workplace activities until the issue is resolved – an outcome that can lead to significant operational delays and financial costs.
Here’s how you can avoid delays and extra costs with your SDS
Common mistakes included:
- Incorrect or incomplete hazardous substance listings in Section 3, leading to cascading errors in classification and protective measures.
- Missing Occupational Exposure Limits (OELs) in Section 8 and inadequate PPE guidance.
- Physical property inconsistencies in Section 9 and missing or contradictory toxicological data in Section 11.
Sections 1 and 2 also revealed frequent issues, with 31% of all SDSs checked having incorrect/non-plausible information in section 1. The most notable was the absence of a UFI in Section 1.1 and lack of emergency telephone number, often stemming from a lack of awareness about poison centre notification (PCN) requirements.
National divergence in enforcement
REF-11 also revealed significant national differences in enforcement approaches and requirements:
| Aspect | Italy | Denmark |
|
Tools & Templates |
Uses SDS templates and CLP software tools to identify missing/incorrect information during audits. | No mention of SDS templates; focus on documentation accuracy from suppliers. |
| Inspection Focus | Sections 8 and 9 (due to labour inspector involvement). 86% of inspections were carried out on site. | PPE specifications (material type, thickness, breakthrough times) and OELs. |
| Compliance Issues |
The non-compliance rate identified in Italian enforcement is over 20% higher than the global average in Sections 5, 6, 8, and 13. Additionally, more than half of Italian CLP/REACH inspectors also serve as Labour inspectors, making Section 8 subject to particularly rigorous oversight. |
Initial checks found 50% non-compliance, but this dropped to 35% when SDS were requested directly from suppliers – highlighting the importance of distributors maintaining updated documentation. |
|
Enforcement Approach |
Non-compliance often leads to financial penalties (thousands of Euros). | Issues warnings and allows corrective action; inspectors can halt work if PPE guidance fails. |
| PCN Requirements |
PCN numbers mandatory; all 10 emergency numbers must appear on SDSs. Companies must pay a €50 fee per company for poison centre registration. |
No specific PCN requirements mentioned however Denmark does require a submission and annual tonnage reporting. |
These examples underscore how national divergence impacts SDS compliance strategies. Requirements such as displaying NORDIC codes related to annual tonnage reporting, such as PR numbers (e.g., Denmark) and poison centre details vary widely across Europe, creating additional complexity for companies operating across multiple jurisdictions.
Poison Centre requirements: more than just a phone number
A key issue identified was the absence or incorrect listing of the emergency telephone number. When a UFI is included in an SDS, Section 1.4 must also contain a poison centre emergency number. This requirement is critical, as the UFI and emergency contact work together to ensure rapid response and prevent serious incidents. It is important to note that the appropriate poison centre number can vary by region, so companies must ensure they provide the correct local contact information for each market where the product is placed.
However, what companies may not realise is that simply listing a poison centre phone number on your SDS is not enough.
For instance, Poland does not provide a national number and encourages companies to engage third-party providers, like Ricardo. Failure to meet these nuanced requirements can expose companies to significant compliance and safety risks.
At Ricardo, we have a dedicated SDS, PCN, and REACH team that work collaboratively to ensure your compliance needs are met across the globe. Our experts are trained across all regulatory categories, guaranteeing that your SDS is not only up to date but also fully compliant with the latest EU and national requirements.
Contact our experts today to resolve compliance issues with your SDS >
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