The use of hazardous chemicals in industrial and manufacturing processes requires careful management, as improper handling can lead to serious consequences for human health and the environment. This is why the legislation on chemicals in Slovenia is strict and clearly defines who must appoint a chemical consultant. But how do you know if this applies to you?
When Do You Need a Chemical Consultant?
Legal and natural persons who trade in dangerous chemicals in the Republic of Slovenia must be licensed to trade in dangerous chemicals.
The permit is issued on the basis of the application and the submitted evidence of compliance. The body responsible for chemicals shall keep a list of legal and natural persons who have obtained a marketing authorization for hazardous chemicals.
The activity of trade in hazardous chemicals may be performed by legal and natural persons who demonstrate to the body responsible for chemicals:
that they have their registered office in the Republic of Slovenia or one of the Member States of the European Union, whereby the latter must have a branch in the Republic of Slovenia, or a natural or legal person authorized to act on their behalf and for their account;
that, depending on the type and scope of activities, they have professionally qualified persons with the knowledge that enables them to perform their obligations and meet the requirements in accordance with this Act;
to implement specific technical or organizational measures for the marketing, production, storage or use of dangerous chemicals necessary for the protection of human health and the environment;
meet the requirements for facilities and the requirements for the scheduling and protection of individual groups of chemicals;
that they have not been deprived of a license to carry out activities on the basis of a final court judgment which shows that the holder of the license, who is a natural person, intentionally misused the license to manufacture or trade special groups of chemicals regulated by the strategic goods of special importance to safety and health and the law on drug precursors.
If your company in Slovenia manufactures, stores, or sells hazardous chemicals, you are required by Article 45 of the Chemicals Act to appoint a chemical advisor. The chemical advisor must have at least a university degree in chemistry, pharmacy, or agronomy, and must have completed a course and passed an exam on the regulations governing the production, storage, and trade of chemicals.
A chemical consultant must:
Understand the production or sales program of the legal or natural person for whom they perform chemical advisory duties,
Be knowledgeable about the legislation and inform the employer of the requirements and obligations under this and other laws and regulations governing the production, storage, and trade of chemicals,
Advise the employer on other matters related to the conditions for conducting activities under this and other laws and regulations governing the production, storage, and trade of chemicals,
Represent the employer in administrative matters before the competent chemical authority,
Cooperate with chemical advisors from other legal and natural persons who manufacture, store, or market hazardous chemicals.
When You Don't Need a Chemical Consultant?
Many companies that use hazardous chemicals solely for their own use in the manufacturing process and do not resell them do not need to appoint a chemical advisor.
Additionally, Article 44 of the Chemicals Act states that legal and natural persons who engage in retail trade of hazardous chemicals as general-use items, classified according to Regulation 1272/2008/EC as:
Flammable gases, hazard category 1,
Flammable aerosols, hazard categories 1 and 2,
Flammable liquids, hazard categories 1 and 2,
Flammable solids, hazard categories 1, 2, and 3,
Pyrophoric liquids or solids, hazard category 1,
Chemicals that release flammable gases in contact with water, hazard categories 1, 2, and 3,
Self-reactive chemicals types B, C, D, E, and F,
Chemicals causing skin sensitization, hazard categories 1 and 2,
Chemicals causing eye irritation, hazard categories 1 and 2,
Chemicals irritating the respiratory tract,
Specific target organ toxicants following a single exposure, hazard category 3,
Chemicals with narcotic effects,
Hazardous to the aquatic environment, acute hazard category 1,
Hazardous to the aquatic environment, chronic hazard categories 1 and 2,
Hazardous to the ozone layer,
do not need to appoint a chemical advisor.
Key Obligations You Must Fulfill:
Chemical Registration: If you are the first to introduce or import certain hazardous chemicals into Slovenia, you must register these chemicals with the Chemicals Office through the ISK electronic system. You must attach Slovenian safety data sheets to the registration.
Chemical Storage: Hazardous chemicals must be stored in accordance with the Rules on Technical and Organizational Measures for the Storage of Hazardous Chemicals. These rules specify the conditions and measures you must take to ensure the safe storage of these substances.
Permission for the Use of Highly Hazardous Chemicals: If your company uses highly hazardous chemicals, such as acutely toxic substances, mutagens, carcinogens, or substances that are specifically toxic to certain organs, you must obtain permission for their use. The hazard categories are precisely defined in CLP Regulation No. 1272/2008, and the classification of chemicals can be found in Section 2 of the safety data sheet.
Although your company may not require a chemical advisor, there are still important responsibilities you must meet to ensure compliance with legislation and the safety of employees and the environment. Regular compliance checks, proper storage and management of hazardous chemicals, and ensuring appropriate documentation are crucial elements that should not be overlooked.
Safety and compliance with legislation should always come first!
If you need assistance in ensuring compliance, our team of chemical advisors is here to help. You can send inquiries to info@chem-consulting.si.
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