Downstream User (DU)
The use of a substance or a preparation in an occupational context is referred to as „downstream use“ under REACH. This means that, if you are handling chemicals at your workplace(s), you are probably also affected by REACH. However, your duties can vary greatly, depending on whether you only “apply” chemicals (for example in the cleaning of surfaces) or if you are a formulator or manufacturer of articles.
Your legal obligations comprise e.g. the implementation of safety measures for the use of substances communicated by your supplier(s). But you also need to inform your supplier if your use is not covered in the annex of your extended safety data sheet or if you consider the recommended risk management measures for a specific use as being disproportionate.
If your use is not covered in the exposure scenario communicated by your supplier or if your use is advised against, you have the opportunity to carry out your own chemical safety assessment. In individual cases, this might not be as expensive as you think. There are also a number of cases where downstream users do not need to perform their own chemical safety assessment.
The Chemical Safety Report of a downstream user (DU CSR) must be completed for a registered substance within twelve months after reception of the safety data sheet. Downstream users are obliged to inform ECHA, if they intend to prepare a chemical safety report within six months. However, this DU CSR does not need to be submitted to ECHA.
We can help you to prepare your own chemical safety report or assist you with your communication with ECHA in case that you are no subject to this obligation.
As a formulator, you need to inform your customers about the hazards and the conditions for a safe use of your mixtures. Formulators are also subject to obligations under the CLP Regulation. Remember that as of 1. June 2015, the CLP Regulation fully applies to your mixtures without transitional exemptions!
As a manufacturer or importer of articles you are subject to obligations under REACH, if your articles include a substance of very high concern (SVHC) in a concentration above 0,1% (w/w) or if this substance is intended to be released and the SVHC-substance bound into or onto those articles exceeds one tonne per manufacturer or importer per year.
Of course, here again, we would be happy to assist you in determining your obligations under REACH as well as to help you with the implementation of respective legal requirements in your company.
We can help you e.g. with the preparation of communication down your supply chain, verifying if your uses are covered in the Material Safety Data Sheet, or in the preparation of a DU-CSR.
Our services at a glance:
- Notification of a use to the supplier (if the substance has not been registered yet)
- Review of exposure scenarios to verify its applicability for your company
- Preparation of the CSR for Downstream Users
- Notification to ECHA
- Support to comply with all legal requirements with respect to authorization or restriction
- Support in meeting all legal requirements for substances in articles