Regulatory Updates: Brazil and South Korea

As a global alliance we stay ahead of global regulatory updates to help our clients navigate the ever-changing landscape. We have a few important updates to share from Brazil and South Korea that were recently released.

Brazil

In accordance with new regulation and latest debates regarding reverse logistics, CETESB (São Paulo State environmental agency) published a new decision establishing procedure for environmental licensing of firms involved in reverse logistics systems and exemption of CADRI certificate presentation (Certificado de Movimentação de Resíduos de Interesse Ambiental –  Certificate for handling waste of environmental interest). Decision comes to supplement procedures / information from previous regulation (CETESB decision No. 120/2016) and includes specific information regarding management of (i) home medicines, expired or unused, for human use, industrialized, and their packaging , after being disposed of by consumers; and (ii) lead-acid batteries.

To sum-up, decision states :

• Definition of establishments which are involved in reverse logistics and under environmental licensing procedure
• Which establishment are exempted from environmental licensing, from presenting CADRI certificate, or any other CETESB manifestation
• Particularities regarding management of electronic equipment waste for use post-consumer household
• Particularities regarding management of home medicines, expired or in disuse, human use, industrialized and manipulated, and its packaging, after the disposal by consumers
• Particularities regarding Lead-acid battery management

The Decision revoked CETESB Decision No. 120/2016 and entered into force on January, 29th of 2021.

South Korea

Major Accident Punishment Act (MAPA) enacted on 26 January 2021 in Korea will be effective from 27 January 2022. It seeks to prevent major accidents by setting forth penalties against business owners and managerial responsibility holders who are responsible for management system of the health and safety in the course of operating business.

Major accidents refer to:

• Accident that leads to one fatality or more:
• Accident that leads to two injuries/illness or more, requiring 6 months of medical treatment or more; and
• Accident that leads to 3 or more injuries/illness experiencing the same type of work-related illness attributable to the same cause within one year period.

The main attributes and definitions of the MAPA are summarized below:

• ‘Business owner’ is a person/legal entity who owns a business or operates a business through services provided by others
• ‘Managerial responsibility holder’ means a person authorized to represent and oversee the business or a person responsible for the health and safety issues at the place of business
• The MAPA requires both ‘business owners’ and ‘managerial responsibility holder’ to ensure that health and safety should be prevented
• The MAPA requirements are additional to the existing OSHA requirements
• In case of a major fatal accident, imprisonment of one year at minimum, and/or criminal fine up to KRW 1 billion for personal criminal liability, and up to KRW 5 billion criminal fine for corporate criminal liability
• Business owners or managerial responsibility holders are required to establish health and safety management protocol including personnel and budget to prevent accidents and enforce the protocols

Continue to follow our News and Blog for more timely global regulatory updates, or connect with an associate in your location for more information!