BIH: Chemical Advisor – Part 2: Responsibilities and Challenges in Daily Work

In the previous article, I discussed the requirements for a chemical advisor and their basic duties. Today, I will delve into the responsibilities and key challenges.

Although the responsibility of a chemical advisor is not explicitly defined in regulations (there's no penalty clause for inadequate advisor work), it is significant in practice. An advisor can be held accountable for:

•      inadequate classification, labeling, and packaging of chemicals,
•      lack of an adequate safety data sheet (SDS) or failure to provide it to customers,
•      lack of chemical records and failure to report chemical transactions.

These are obligations for which the law prescribes fines for manufacturers, importers, and suppliers of chemicals. Therefore, a manufacturer or importer who fails to meet their legal obligations due to an advisor's inadequate actions can hold the chemical advisor accountable.

The cooperation agreement between the client and the chemical advisor must define the advisor's responsibility, as well as mutual obligations. Good communication between the advisor and the client is crucial for implementing all necessary activities.

Conducting the production or import of chemicals without notifying the competent authority or trading chemicals not listed in the Inventory is punishable. The chemical advisor can be held responsible for such an oversight if they failed to recognize this obligation. However, the client can also be responsible if they did not provide the advisor with the necessary data or ignored the given advice.

What are the key challenges that a chemical advisor faces daily?

The first is certainly the inconsistent legislation in the unified market of Bosnia and Herzegovina. There are many specific cases in practice for which existing regulations do not provide clear answers. Additionally, it is necessary to monitor EU and regional regulations as clients often export chemicals to those markets.

Secondly, chemical regulations frequently change. This requires continuous monitoring and education; the learning process is never complete. Changes in regulations mean revisiting previously completed tasks, such as updating SDS, changing labels, or similar activities.

A third challenge can be the clients' approach to chemical advisors. Some companies view the advisor as a "necessary evil" rather than a strategic partner. This can lead to poor communication, failure to meet legal obligations, and fines.

Communication with foreign manufacturers can also be challenging. Sometimes they do not trust the local advisor and are not willing to provide all the necessary data for chemical registration and market placement.

Some of these challenges can be overcome with adequate communication: with competent authorities, clients, and chemical suppliers.

It is necessary to clarify to the client, including foreign manufacturers, what the legal obligations are, the role of the advisor, and how to carry out the necessary procedures without compromising the confidentiality of commercial data.

It is important to provide competent authorities with any additional information or clarifications that may be requested within the timeframe set by the authority. Timeliness in responding can sometimes be crucial for the positive conclusion of a procedure.

Another important point: we, as chemical advisors, must be aware of our responsibility. Mistakes in our work can have serious consequences:

•      financial penalties for our clients,
•      delays in bringing products to market,
•      endangering human health and the environment.

Now that we've reviewed all the obligations and responsibilities, do you still want to be a chemical advisor? This profession is truly interdisciplinary and requires an understanding of chemistry basics, legislation, administrative procedures, as well as business and market processes.

But that's the charm of this job: it's very dynamic and diverse. No client is the same, and every chemical and biocide can be a story of its own.

What are your experiences so far? Reach out to me at nina.pajovic@bens-consulting.eu.