ARCHIVED — Vol. 149, No. 28 — July 11, 2015

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Regulations Amending Certain Regulations Made Under the Canada Labour Code

Statutory authority

Canada Labour Code

Sponsoring departments

Department of Employment and Social Development, Department of Indian Affairs and Northern Development, Department of Natural Resources and Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: The federal government is responsible for ensuring the occupational health and safety (OHS) of workers in federally regulated workplaces.

The Government of Canada is adopting international standards to classify and label chemicals in the workplace through the implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The GHS will facilitate trade with the United States and other jurisdictions that have implemented the GHS through reduced compliance costs associated with transborder shipments of products. Canada’s implementation of the GHS also increases worker protection and safety by ensuring clear, consistent, and easily accessible information for workers handling hazardous products. If Canada does not transition to the new system, hazard information will be inconsistent and incoherent between suppliers and federally regulated workplaces.

Description: The GHS is a system that defines and classifies the hazards of chemical products, and communicates health and safety information on labels and safety data sheets. The proposed regulatory amendments address three main components of worker safety regarding hazards of chemical products: training, labelling and safety data sheets. Most of the proposed amendments are technical and update wording and terminology. Additional proposed amendments include increasing employee access to information. These proposed amendments would affect the five OHS regulations under Part II of the Canada Labour Code (the Code): the Canada Occupational Health and Safety Regulations (COHSR); the Maritime Occupational Health and Safety Regulations (MOHSR); the Aviation Occupational Health and Safety Regulations (AOHSR); the On Board Trains Occupational Safety and Health Regulations (OTOSHR); and the Oil and Gas Occupational Safety and Health Regulations (OGOSHR). Of note, the proposed amendments will help the Government fulfill its commitment to implement the GHS by June 2015 in alignment with the United States as outlined in the 2011 Canada–United States Regulatory Cooperation Council Action Plan.

Cost-benefit statement: A cost-benefit analysis was undertaken to determine the economic and social impacts of the proposed regulatory amendments over the next 20 years. The total costs associated with the proposed regulatory amendments are about $3 million (present value discounted at 7% per year), with total benefits estimated at approximately $20.4 million (present value), for a total net benefit of approximately $17.4 million (present value).

“One-for-One” Rule and small business lens: The “One-for- One” Rule does not apply to these Regulations. The proposed regulatory changes would not place any administrative burden on businesses.

However, the proposal does impose costs on small businesses; therefore, the small business lens applies. The flexible option recommended is a delayed implementation for businesses. This means small businesses would save $640,300 (present value) over a 10-year period (or $590 per small business).

Domestic and international coordination and cooperation: The proposed regulatory amendments would enable Canada and the United States to meet the objectives set out by the Canada–United States Regulatory Cooperation Council.

Background

Health and safety legislative framework

The Labour Program of Employment and Social Development Canada (ESDC) administers the Code. Part II of the Code establishes the legislative framework for occupational health and safety in workplaces under federal jurisdiction.

Employers under federal jurisdiction have a general obligation to ensure that the health and safety of every person they employ is protected while they are working. This can be achieved by complying with Part II of the Code and the standards set out in the COHSR, MOHSR, OTOSHR, AOHSR and OGOSHR. Employers have specific duties in regard to each workplace they control and every work activity under their authority. In order to meet this goal, workplace parties (employees and employers) are encouraged to work together to develop practices and policies, and to assess and address OHS issues effectively and in a timely manner. In addition, employers are required to provide employees with the information, education, training and supervision necessary to ensure their health and safety at work.

The Labour Program oversees implementation, in partnership with Transport Canada and the National Energy Board, of the requirements for federally regulated workplaces. Transport Canada is responsible for on-board workplaces in the aviation, marine and rail sectors under federal jurisdiction, the National Energy Board is responsible for workplaces in the oil and gas sector under federal jurisdiction and the Labour Program is responsible for all other workplaces under federal jurisdiction.

Part X of the COHSR prescribes the workplace requirements and the exposure limits for hazardous substances, including the Workplace Hazardous Materials Information System (WHMIS).

Workplace Hazardous Materials Information System (WHMIS) — 1988

WHMIS is a comprehensive system for providing health and safety information to promote the safe use of hazardous chemicals in Canadian workplaces.

In 1986, the WHMIS Model OHS was developed as a consensus document by the Canadian Association of Administrators of Labour Legislation Occupational Health and Safety Committee (CAALL-OHS) through a multi-stakeholder consultative process. The WHMIS Model OHS was created as a guiding document for Canadian jurisdictions in order to harmonize, to the extent possible, WHMIS regulations across Canadian OHS jurisdictions.

WHMIS has been in place since 1988. It is implemented through interlocking federal, provincial and territorial legislation. At the federal level, the Hazardous Products Act and the Hazardous Products Regulations require the suppliers of hazardous chemicals intended for workplace use to classify these products and provide related hazard information through labels and safety data sheets.

Federal, provincial and territorial OHS agencies, including the Labour Program, ensure compliance with the established requirements for workplace parties (employers and employees) under their respective legislation. These requirements include the requirement for employers to ensure that chemicals are labelled in the workplace, that safety data sheets on workplace chemicals are made available to employees and that employees receive education and training on the proper storage, handling and use of workplace chemicals. In the federal jurisdiction, these requirements are prescribed in regulations under Part II of the Code.

Health Canada is responsible for administering the requirements for suppliers of hazardous materials (e.g. manufacturers, importers and distributors) under the Hazardous Products Act. The Labour Program administers, in partnership with Transport Canada and the National Energy Board, the WHMIS employer requirements for federally regulated workplaces.

In response to the challenges faced by suppliers, employers and employees due to the lack of international alignment in the classification, labelling and provision of safety information for workplace hazardous chemicals, Canada, the United States and other countries worked together under the auspices of the United Nations over two decades to develop the GHS.

The Canada–United States Regulatory Cooperation Council was created in February 2011 by the Prime Minister of Canada and the President of the United States. One of its key objectives is to facilitate trade between the two countries. In December 2011, one of 29 initiatives announced as part of the Regulatory Cooperation Council Joint Action Plan was the coordinated implementation of the GHS for workplace hazardous chemicals. Specifically, Canada and the United States agreed to “align and synchronize implementation of common classification and labelling requirements for workplace hazardous chemicals within the mandate of the United States Occupational Safety and Health Administration and Health Canada.”

The United States is now in the process of applying the GHS to its hazard information system for workplace hazardous chemicals. Through the Regulatory Cooperation Council initiative, Canada has a unique opportunity to substantially align its workplace hazardous chemicals regulatory regime with that of its major trading partner, as well as achieve significant alignment with other trading partners (e.g. the European Union, Australia, China, Japan, South Korea) that are also in the process of implementing the GHS.

The Economic Action Plan 2014 Act, No. 1 amended the Hazardous Products Act and made other amendments, including to the Code, to implement the new common classification and labelling requirements for workplace hazardous chemicals.

Workplace Hazardous Materials Information System (WHMIS) — 2015

WHMIS 2015 sets out Canada’s requirements for workplace chemicals. Updates to reflect the GHS are incorporated into WHMIS.

In order to implement the GHS, the WHMIS Model OHS has been updated by an ad hoc committee of the CAALL-OHS to reflect the new GHS components. Of note, the GHS contains many elements that represent improvements to WHIMS. For example, the GHS hazard classification criteria are more comprehensive and detailed, which improves the ability to indicate the severity of hazards. In addition, the GHS identifies and addresses hazards not previously addressed in WHMIS. Implementing the 2015 WHMIS Model OHS ensures the consistent and coordinated management of hazardous substances and enhanced protection across Canada.

Federal, provincial and territorial jurisdictions are using this model to update their respective legislation and regulations. Federally, this model is used as the basis for the proposed regulatory changes. Labour Program officials have been involved in the revision of the WHMIS Model OHS.

Issues

Federal OHS regulations currently require that employers under federal jurisdiction ensure that chemicals in the workplace are properly labelled, that safety data sheets are available to employees, and that employees receive education and training on the proper storage, handling and use of workplace chemicals. These requirements currently use terminology and definitions based on the WHMIS 1988.

As the GHS is implemented and hazardous products labelling and control transitions to the WHMIS 2015, the continued application of the WHMIS 1988 could create uncertainty and confusion for employers and employees with respect to OHS obligations. This may result in decreasing safety if employee training remains aligned with the WHMIS 1988. As a result, the provisions pertaining to employee education must be updated to reflect WHMIS 2015 terminology.

Finally, implementing the GHS requires the updating of OHS regulations under the Code to reflect the revised GHS terminology, references and requirements that have been introduced in the amendments to the Code and the Health Canada’s Hazardous Products Act, Hazardous Materials Information Review Act and Hazardous Products Regulations.

Objectives

The main objectives of the proposed amendments to the OHS regulations are as follows:

  • — Improve the health and safety of Canadian employees by harmonizing with the amendments to the Code, the Hazardous Products Act and the Hazardous Materials Information Review Act;
  • — Enable Canadian employees to have more consistent and clearer information on how to safely use hazardous materials in the workplace;
  • — Reduce the potential for confusion among employees, which could in turn reduce accidents and lead to reduced costs for employers and increased productivity for Canadian businesses;
  • — Increase employee protection through the adoption of an improved, globally recognized standard for communicating the hazards associated with workplace hazardous chemicals; and
  • — Fulfill a commitment contained in the December 2011 Canada–United States Regulatory Cooperation Council Action Plan.

Description

The proposed amendments would modify the WHMIS 1988 provisions existing in regulations made pursuant to Part II of the Code in order to implement the GHS. The WHMIS 1988 provisions are presently found in the COHSR, MOHSR, OTOSHR, AOHSR and OGOSHR.

As a general overview, there are three main components to the WHMIS 2015 that must be covered in these proposed Regulations: training, labelling and safety data sheets. Under these broad headings, there are specific requirements for employers and employees based on the WHMIS 1988 and hazardous substances provisions of the Code. Overall, the intention is to be consistent with current training, labelling and safety data sheet requirements, but to update them to align with the GHS and the WHMIS 2015, the Hazardous Products Act and the Regulations. Most of these proposed amendments simply update wording or terminology.

In order to align with terminology used in the Code, the Hazardous Products Act and the Hazardous Products Regulations, changes are to be made throughout the hazardous substances parts of the five OHS regulations, such as changing “controlled product” to “hazardous product” and “material safety data sheet” to “safety data sheet.”

The hazard information elements of the GHS are easily understood (due to the standardization of language and more comprehensible pictograms in certain cases), and generic training materials are available. Federally regulated employers will need to procure training from training providers in order to familiarize workers with the new system.

“Readily available” would also be modified to ensure that all documents, including the workplace chemicals safety data sheets and records of training, are present and accessible at the workplace at all times. For example, the employer would have to develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the workplace and have the procedure readily available.

To ensure employees have access to these documents at all times, the proposed amendments would require employers to consult the policy committee, the workplace committee or the health and safety representative about accessibility.

Regulatory and non-regulatory options considered

The options considered were maintaining the status quo or amending the existing provisions. The first was not acceptable for the following reason:

As part of the Canada–United States Regulatory Cooperation Council, the Government of Canada has committed to implementing the GHS in alignment with the United States by 2015. In order to meet this commitment, amendments to the OHS regulations are necessary to include the requirement for employers to ensure that chemicals are labeled in the workplace, that safety data sheets on workplace chemicals are made available to employees and that employees receive education and training on the proper storage, handling and use of workplace chemicals.

Benefits and costs

The cost of the proposed regulatory amendments is estimated at approximately $3 million (present value, discounted at 7% per year) over the next 20 years, with benefits (present value) estimated at approximately $20.4 million over this period. Total net benefits are estimated at approximately $17.4 million (present value). The benefits to costs ratio of the proposed regulatory amendments stands at 6.86:1, meaning that a return (savings) of approximately $6.86 to the Canadian economy can be expected for every dollar spent to comply with the proposed amendments.

Positive net present value figures (benefits exceeding costs by $17.4 million) clearly indicate the economic viability of the introduction of these proposed regulatory amendments and their value to the public. Therefore, based on the economic effectiveness of this proposed regulatory amendment for the Canadian economy, the adoption of these Regulations is recommended.

Benefits accruing from the implementation of the GHS in the proposed regulatory amendments, expressed in current dollars, are estimated at approximately $39 million ($20.4 million when discounted) over the first 20 years after implementation of the proposed amendments. For the first year, benefits are estimated at about $1.2 million and would average approximately $2 million per year during the remainder of this period. It is expected that these savings would accrue from reductions in work-related injuries and fatalities.

It is estimated that the proposed Regulations would result in the reduction of four injuries annually and one fatality every three years.

Costs (present value) to comply with the new requirements under the GHS are estimated at $1.4 million in training and $1.6 million in opportunity costs (the cost of labour while the employees are in training) for a total of $3 million after implementation of the proposed amendments.

There are three cost categories, namely

  • costs of reclassification and safety data sheet (SDS)/label development;
  • training costs; and
  • costs of printing colour labels and SDSs.

Only the incremental costs of training employees on the GHS and WHMIS 2015 were deemed to have a significant impact. The use of labels and SDSs under the old system, in respect of any hazardous products that are in the workplace on December 1, 2018, is permitted under the proposed regulatory amendments until May 31, 2019. It is anticipated that the vast majority of hazardous material stock obtained under the old classification system would be used up by this date and, as a result, no significant amount of label reclassification and development, or printing, would be required. As a result, associated costs would be negligible.

Cost-benefit statement for the GHS

Cost-Benefit Statement Base Year 2015 2016 2019 2022 2025 2028 2031 Final Year 2034 Total (Present Value) Average Annual
A. Quantified impacts in 2014 dollars
Benefits $1,164,091 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $20,364,155 $1,954,010
Costs $2,969,982 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,969,982 $148,499
Net benefits −$1,805,891 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $1,995,585 $17,394,173 $1,805,511
B. Quantified impacts in non-$, e.g. risk assessment
Positive impacts (avoided accidents) Reduction of four work-related injuries per year and one work-related fatality every three years.
C. Qualitative impacts
Qualitative impacts: safer workplaces, increased productivity, increased awareness of hazardous substances.

“One-for-One” Rule

The proposal to implement the GHS does not include requirements for industry to demonstrate compliance with the proposed Regulations, such as collecting, processing, reporting and retaining information or completing forms. As a result, the proposed Regulations do not place an administrative burden on industry, and the “One-for-One” Rule does not apply.

Small business lens

The small business lens applies, and the Labour Program has analyzed the cost impact on small business. However, the cost-benefit analysis above indicates that, due to the reduction in injuries and fatalities, businesses would face a reduction in costs as a result of the implementation of the proposed Regulations.

The only elements of the proposed amendments that would have a cost impact on small businesses are the training requirements for the GHS. Compliance costs are related to the training of all employees working in some capacity with chemicals as a regular part of their duties. Given that training is already prescribed in the current Regulations, the compliance costs are only those relating to training for employees who have already received training under WHMIS 1988.

It is estimated that approximately 1 090 small businesses would be affected by the GHS, primarily in the transport and energy sectors, with an average of 16 employees requiring training per small business. Two options were considered: an initial option, whereby providers procure training from training providers for a fee, and a flexible option, where training is provided by a government organization at no cost.

In the initial option, the total cost of training is a one-time outlay of approximately $2,050 per small business (present value). Costs comprise two components. The first component is the cost of the training course itself, which can be done online and comes out to approximately $60 (current dollars) per employee taking the course. This constitutes the average cost from a large sample of providers offering courses on the GHS. The other component is the opportunity cost of the employees taking the training, which averages two hours in the sample courses surveyed and represents approximately $68 dollars (average wage in the federal jurisdiction) in wages in current dollars (includes non-wage benefits) per employee. Under the initial option, training would commence immediately following the coming into force of the proposed amendments to meet the timelines of the European Union and the United States, which are slated to fully implement the GHS by December 1, 2015.

The flexible option would delay implementation of training requirements until December 1, 2018, and is estimated to translate to a one-time cost of approximately $1,450 per small business (present value). The actual costs of the training and its duration are identical to the initial option; however, the lower cost is directly related to the delay in providing training on the GHS. The flexible option is recommended, as it is consistent with the transitional provisions granted in the proposed regulatory amendments. The transitional measure grants employers a multi-year time frame to fully implement the GHS.

  Flexible Option Initial Option
Short description GHS training commences in 2019 GHS training commences in 2015
Maximum number of small businesses impacted 1 090 1 090
  Annualized Average ($ 2014) Present Value ($ 2014) Annualized Average ($ 2014) Present Value ($ 2014)
Compliance costs $226,470 $1,590,620 $317,630 $2,230,920
Administrative costs $0 $0 $0 $0
Total costs $226,470 $1,590,620 $317,630 $2,230,920
Average cost per small business $210 $1,460 $290 $2,050

Consultation

The Labour Program’s Regulatory Review Committee (RRC) identified priority areas for review within the COHSR. In 2009, a working group, which included industry, employee and Labour Program representatives, was created with the intent to review in depth Part X, Hazardous Substances, of the COHSR. Stakeholders met 18 times. Consultations were completed in spring 2014. The ongoing national (federal, provincial and territorial) review to harmonize the provisions of WHMIS with the GHS also led the Part X Working Group to review sections on the WHMIS 1988.

Canadian stakeholders (i.e. representatives of federal, provincial and territorial governments, suppliers, employers and workers) have been involved in the development of the GHS, under the auspices of the United Nations, for more than 20 years.

The Government of Canada, through Health Canada, has consulted widely with key partners and stakeholders who have expressed support for the proposed approach. Industry is particularly supportive of this work and has been encouraging timely action along these lines.

Over the years, Health Canada has consulted at length with stakeholders on the GHS and its implementation for workplace hazardous chemicals. This has been done under the Intergovernmental WHMIS Coordinating Committee (IWCC), which is made up of representatives of federal, provincial and territorial OHS agencies, as well as with the WHMIS Current Issues Committee (CIC), which is made up of IWCC members as well as representatives from suppliers, employers, and worker organizations. The Labour Program is a member of the IWCC and the CIC.

Over the past three years in particular, a series of stakeholder meetings has taken place to discuss the regulatory proposals and to better understand the U.S. and international context.

From June 29, 2013, to September 15, 2013, Health Canada held a public consultation on the proposed Hazardous Products Regulations. Written submissions were received from industry associations, suppliers, employers, provincial and territorial governments, worker organizations, health groups, OHS professionals and individuals. In addition, the proposal and related comments were discussed with stakeholders at face-to-face meetings in Ottawa in October 2014 in which the Labour Program participated. These comments and discussions were taken into consideration in arriving at the regulatory proposal.

The Labour Program has also consulted with workplace parties on the specific federal amendments to OHS regulations in June 2014. Employer and employee stakeholders have also participated in approximately 13 working group meetings to discuss the WHMIS Model OHS.

Employers and employee organizations support the implementation of the GHS and want to ensure that worker health and safety protections are maintained or expanded (and not reduced) through alignment with the United States. Employers would face additional training costs associated with the implementation of the GHS, but it is expected that benefits would accrue from employees receiving clearer and more consistent hazard communication information, resulting in fewer workplace injuries and illnesses.

The Government of Canada, principally Health Canada, continues to engage key partners and stakeholders through regular teleconferences and meetings, presentations at association events, and ongoing one-on-one dialogue.

These regulatory proposals are designed to continue the regulatory cooperation upon which WHMIS is based. The regulatory regime would continue to establish the requirements related to the classification and labelling of workplace hazardous chemicals by suppliers, and federal, provincial and territorial OHS legislation and regulations would continue to establish the employer requirements for information and training at the workplace level. Therefore, collaborative work has been, and would continue to be, undertaken with federal, provincial and territorial governments to coordinate these two key components of Canada’s workplace hazardous chemicals program.

Rationale

The proposed regulatory amendments would lead to health and safety benefits in the form of injury reductions that will result in accrued savings of approximately $2 million annually. Moreover, the adoption of the GHS for workplace hazardous products in Canada is expected to result in health and safety benefits for Canadian workers, including fewer personal injuries, fewer acute and chronic illnesses, and fewer fatalities.

These proposed regulatory amendments would allow Canada and the United States to meet the objectives set out by the Regulatory Cooperation Council and would therefore fulfill the commitment contained in the December 2011 Canada–United States Regulatory Cooperation Council Action Plan.

Implementation, enforcement and service standards

Implementation of the Globally Harmonized System

A transitional approach has been designed to gradually phase in the implementation of the GHS whereby employers are given time to adapt to the new system. Similar to the transition to the GHS in the United States, the transition to the GHS in Canada is taking place in phases over a multi-year time frame and is intended to be synchronized nationally across federal, provincial and territorial jurisdictions.

There are two transition periods for federally regulated employers. The first one would begin when the regulations come into force and ends on November 30, 2018. During this time, employers can use either the old or new requirements. On and after December 1, 2018, employers would have to comply with the new requirements and ensure that all employees are adequately trained. However, if on December 1, 2018, employers have hazardous products in their workplaces that meet the requirements under the old regime, they have until May 31, 2019, to use those products.

As of June 1, 2019, all products within federally regulated workplaces must comply with the new requirements. On that date, the transition to WHMIS 2015 would be completed for all federally regulated workplaces.

Enforcement of the Globally Harmonized System

Health Canada will continue to designate qualified federal OHS inspectors as Hazardous Products Act inspectors. The Labour Program, as part of the IWCC and the CAALL-OHS Committee, is supporting Health Canada in the development of training materials, and is undertaking training sessions for federal OHS inspectors to promote a common understanding of the Hazardous Products Regulations.

Overall, the Labour Program’s compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. However, OHS policy committees and workplace committees are the primary mechanisms through which employers and employees work together to solve job-related health and safety problems. Delegated officials assist the industry in establishing and implementing policy committees and workplace committees, and related programs.

Statutory powers allow delegated officials to enter work sites and perform various activities to enforce compliance with the Code and the OHS regulations. For example, delegated officials may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence.

If violations of the Regulations are observed and are not resolved via policy and workplace committees, enforcement actions for non-compliance would be used by a delegated official. Enforcement actions may range from the issuance of a written notice to further steps such as the initiation of prosecution. Initially, an attempt to correct non-compliance with the Regulations, when non-compliance does not represent a dangerous condition, is made through the issuance of an Assurance of Voluntary Compliance (AVC). An AVC is a written commitment that a contravention will be corrected within a specified time. Failure to complete the corrective actions specified in the AVC may lead the delegated official to issue a direction. A direction is issued whenever a serious contravention or dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. Failure to comply with a direction is a violation of the Code and as such is enforceable by prosecution. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1M, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1M.

Contact

Doris Berthiaume
Senior Policy Analyst
Occupational Health and Safety Policy Unit
Program Development and Guidance Directorate
Labour Program
Employment and Social Development Canada
165 De l’Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4445
Email: doris.berthiaume@labour-travail.gc.ca

Small Business Lens Checklist

1. Name of the sponsoring regulatory organization:

Department of Employment and Social Development — Labour Program

2. Title of the regulatory proposal:

Regulations Amending Certain Regulations Made Under the Canada Labour Code

3. Is the checklist submitted with a RIAS for the Canada Gazette, Part I or Part II?

checked check box Canada Gazette, Part I    check box Canada Gazette, Part II

A. Small business regulatory design

I Communication and transparency Yes No N/A
1. Are the proposed Regulations or requirements easily understandable in everyday language? checked check box check box check box
2. Is there a clear connection between the requirements and the purpose (or intent) of the proposed Regulations? checked check box check box check box
3. Will there be an implementation plan that includes communications and compliance promotion activities, that informs small business of a regulatory change and guides them on how to comply with it (e.g. information sessions, sample assessments, toolkits, Web sites)? checked check box check box check box
4. If new forms, reports or processes are introduced, are they consistent in appearance and format with other relevant government forms, reports or processes? check box check box checked check box
This proposal does not require new forms, reports or processes.
II Simplification and streamlining Yes No N/A
1. Will streamlined processes be put in place (e.g. through BizPaL, Canada Border Services Agency single window) to collect information from small businesses where possible? check box check box checked check box
This proposal does not collect information from small businesses.
2. Have opportunities to align with other obligations imposed on business by federal, provincial, municipal or international or multinational regulatory bodies been assessed? checked check box check box check box
Throughout the regulatory development process, efforts were made to align the proposed Regulations with other regulations under the Canada Labour Code, Part II, other Canadian jurisdictions and other countries. Reports are made on efforts to ensure that Canada’s international obligations are respected in such areas as human rights, health, safety, security, international trade and the environment.
The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was endorsed as a global standard by the United Nations General Assembly in 2003 for four hazard communication systems: the transportation of dangerous goods, consumer products, pest control products and workplace chemicals. The United States, the European Union (EU), Australia, New Zealand, China, Japan, South Korea and others have either applied, or are in the process of applying, the GHS to their workplace hazardous chemicals hazard communication systems.
3. Has the impact of the proposed Regulations on international or interprovincial trade been assessed? checked check box check box check box
The Government of Canada is adopting international standards to classify and label chemicals in the workplace through the implementation of the GHS. The GHS will facilitate trade with the United States and other jurisdictions that have implemented the GHS through reduced compliance costs associated with transborder shipments of products.
4. If the data or information, other than personal information, required to comply with the proposed Regulations is already collected by another department or jurisdiction, will this information be obtained from that department or jurisdiction instead of requesting the same information from small businesses or other stakeholders? (The collection, retention, use, disclosure and disposal of personal information are all subject to the requirements of the Privacy Act. Any questions with respect to compliance with the Privacy Act should be referred to the department’s or agency’s ATIP office or legal services unit.) check box check box checked check box
This proposal does not collect information or personal information.      
5. Will forms be pre-populated with information or data already available to the department to reduce the time and cost necessary to complete them? (Example: When a business completes an online application for a licence, upon entering an identifier or a name, the system pre-populates the application with the applicant’s personal particulars such as contact information, date, etc., when that information is already available to the department.) check box check box checked check box
This proposal does not collect any new information or new data.      
6. Will electronic reporting and data collection be used, including electronic validation and confirmation of receipt of reports, where appropriate? check box check box checked check box
This proposal does not contain any requirements for electronic reporting and data collection to be used, including electronic validation and confirmation of receipts of reports.
7. Will reporting, if required by the proposed Regulations, be aligned with generally used business processes or international standards if possible? check box check box checked check box
The proposed regulatory amendments do not contain any reporting requirements.
8. If additional forms are required, can they be streamlined with existing forms that must be completed for other government information requirements? check box check box checked check box
The proposed regulatory amendments do not require any additional forms.
III Implementation, compliance and service standards Yes No N/A
1. Has consideration been given to small businesses in remote areas, with special consideration to those that do not have access to high-speed (broadband) Internet? check box check box checked check box
This proposal does not require small businesses to access high-speed Internet.
2. If regulatory authorizations (e.g. licences, permits or certifications) are introduced, will service standards addressing timeliness of decision making be developed that are inclusive of complaints about poor service? check box check box checked check box
The Regulations do not create licences, permits, certification or other documents.
3. Is there a clearly identified contact point or help desk for small businesses and other stakeholders? checked check box check box check box
Small businesses and other stakeholders are encouraged to use the Labour Program’s toll-free (1-800) number to report a serious injury, death or refusal to work in relation to this regulatory proposal. The contact information can be found in the first paragraph on the Department’s Web site located at http://www.hrsdc.gc.ca/eng/labour/contact_us/contact_us.shtml.

B. Regulatory flexibility analysis and reverse onus

IV Regulatory flexibility analysis Yes No N/A
1. Does the RIAS identify at least one flexible option that has lower compliance or administrative costs for small businesses in the small business lens section?
Examples of flexible options to minimize costs are as follows:
  • Longer time periods to comply with the requirements, approximately three years longer.
checked check box check box check box
A transitional approach has been designed to gradually phase in the implementation of the GHS whereby employers are given time to adapt to the new system. The flexible option allows for the delayed implementation of training by approximately three years.
2. Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, quantified and monetized compliance and administrative costs for small businesses associated with the initial option assessed, as well as the flexible, lower-cost option? checked check box check box check box
The RIAS includes a Regulatory Flexibility Analysis Statement.
3. Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, a consideration of the risks associated with the flexible option? (Minimizing administrative or compliance costs for small business cannot be at the expense of greater health, security or safety or create environmental risks for Canadians.) checked check box check box check box
4. Does the RIAS include a summary of feedback provided by small business during consultations? checked check box check box check box
The RIAS includes a statement on the flexible option as well as a summary of the feedback provided by small business during consultations.
V Reverse onus Yes No N/A
1. If the recommended option is not the lower-cost option for small business in terms of administrative or compliance costs, is a reasonable justification provided in the RIAS? check box check box checked check box
The flexible option was recommended.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c), 135.2 (see footnote d) and 157 (see footnote e) of the Canada Labour Code (see footnote f), proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Doris Berthiaume, Senior Policy Analyst, Occupational Health and Safety Policy Unit, Labour Program, Employment and Social Development Canada, 165 Hôtel-de-Ville Street, Gatineau, Quebec K1A 0J2 (tel.: 819-654-4445; fax: 819-953-1743; email: doris.berthiaume@labour-travail.gc.ca).

Ottawa, June 18, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CANADA LABOUR CODE

CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

1. The definitions “hazard information”, “product identifier”, “readily available” and “supplier” in section 10.1 of the Canada Occupational Health and Safety Regulations (see footnote 1) are replaced by the following:

“hazard information” means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents; (renseignements sur les risques)

“product identifier” has the same meaning as in subsection 1(1) of the Hazardous Products Regulations; (identificateur de produit)

“readily available” means, in respect of a document, present and accessible at the work place at all times; (facilement accessible)

“supplier” has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)

2. Paragraph 10.5(b) of the Regulations is replaced by the following:

  • (b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

3. Section 10.14 of the Regulations and the heading before it are replaced by the following:

Employee Education and Training

10.14 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

(2) The employee education and training program shall include

  • (a) the education and training of each employee who is likely to handle or be exposed to a hazardous substance, with respect to
    • (i) the product identifier of the hazardous substance,
    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,
    • (iii) all hazard information of which the employer is aware or ought to be aware,
    • (iv) the observations referred to in subparagraph 10.5(a)(i),
    • (v) the information disclosed on a safety data sheet referred to in section 10.28 and the purpose and significance of that information, and
    • (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information;
  • (b) the education and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to
    • (i) every valve and other control and safety device connected to the assembly of pipes,
    • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and
    • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;
  • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to
    • (i) the procedures to follow to implement sections 10.8, 10.9 and 10.12,
    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and
    • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 10.29; and
  • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training and safety data sheets.

(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education and training program and, if necessary, revise it

  • (a) at least once a year;
  • (b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and
  • (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

4. The portion of section 10.15 of the Regulations before paragraph (b) is replaced by the following:

10.15 The employer shall keep a paper or electronic record of the education and training given to every employee and

  • (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

5. Subsections 10.18(6) and (7) of the Regulations are replaced by the following:

(6) The employer shall give to every employee who is operating a ventilation system the necessary education and training for the safe and proper use of the system.

(7) The employer shall keep a paper or electronic record of the education and training given to every employee who is operating a ventilation system for as long as the employee remains in the employer’s employ.

6. (1) The portion of subsection 10.19(3) of the English version of the Regulations before paragraph (a) is replaced by the following:

(3) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in subsection (1), air samples shall be taken and the concentration of the chemical agent shall be determined

(2) Subsection 10.19(4) of the Regulations is replaced by the following:

(4) A paper or electronic record of each test made pursuant to subsection (3) shall be kept by the employer at the employer’s place of business nearest to the work place where the air sample was taken, for a period of three years after the date of the test.

7. Paragraph 10.24(a) of the Regulations is replaced by the following:

  • (a) marked, by labelling, colour-coding or placarding or by any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow; and

8. Section 10.28 of the Regulations is replaced by the following:

10.28 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

  • (a) obtain a copy of the safety data sheet; and
  • (b) keep the copy of the safety data sheet readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

9. (1) The definitions “manufactured article”, “supplier material safety data sheet” and “work place material safety data sheet” in section 10.29 of the Regulations are repealed.

(2) The definitions “bulk shipment”, “fugitive emission”, “hazardous waste”, “laboratory sample”, “supplier label” and “work place label” in section 10.29 of the Regulations are replaced by the following:

“bulk shipment” has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations; (expédition en vrac)

“fugitive emission” means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; (émission fugitive)

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (résidu dangereux)

“laboratory sample” has the same meaning as in subsection 5(1) of the Hazardous Products Regulations; (échantillon pour laboratoire)

“supplier label” means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (étiquette du fournisseur)

“work place label” means a label prepared by an employer in accordance with this Division; (étiquette du lieu de travail)

(3) Section 10.29 of the Regulations is amended by adding the following in alphabetical order:

“container” means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum or storage tank; (contenant)

“significant new data” has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations; (nouvelles données importantes)

“supplier safety data sheet” means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (fiche de données de sécurité du fournisseur)

“work place safety data sheet” means a safety data sheet prepared by an employer in accordance with subsection 10.33(1) or (2). (fiche de données de sécurité du lieu de travail)

10. Paragraphs 10.30(1)(a) to (c) of the Regulations are replaced by the following:

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;
  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or
  • (c) wood or a product made of wood.

11. The heading before section 10.31 and sections 10.31 to 10.35 of the Regulations are replaced by the following:

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a hazardous product and may, in so doing, replace the generic name of the substance with the product identifier, if the hazardous product

  • (a) is present in the work place;
  • (b) was received from a supplier; and
  • (c) is one of the following:
    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,
    • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

(2) An employer may store a hazardous product received from a supplier without having a supplier label on it, without having obtained a safety data sheet for it and without having conducted an employee education and training program with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

  • (a) while the employer is actively seeking a supplier label and a supplier safety data sheet for the hazardous product; and
  • (b) if labelling affixed to the container of the hazardous product containing information on the hazardous product is not removed, defaced, modified or altered.
Supplier Safety Data Sheets

10.32 (1) If a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the hazardous product a supplier safety data sheet, unless the employer is in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that has the same product identifier and is from the same supplier;
  • (b) discloses information that is current at the time that the hazardous product is received; and
  • (c) was prepared and dated less than three years before the date that the hazardous product is received.

(2) If there is a hazardous product in a work place for which the supplier safety data sheet is three years old or more, the employer shall, if possible, obtain from the supplier a current supplier safety data sheet.

(3) If it is not practicable for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

10.33 (1) Subject to section 10.42, if an employer produces in the work place a hazardous product, other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, or imports into Canada a hazardous product and brings it into the work place, the employer shall prepare a work place safety data sheet in respect of that hazardous product.

(2) Subject to section 10.42, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;
  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;
  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and
  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

(3) An employer shall review the accuracy of the information on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

(4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, add the words “not available” or “not applicable”, as the case may be, in the English version of, and the words “non disponible” or “sans objet”, as the case may be, in the French version of, the work place safety data sheet.

Availability of Safety Data Sheets

10.34 (1) Every employer shall keep readily available for examination by employees and by any policy committee, work place committee or health and safety representative in any work place in which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

  • (a) in the case of an employer referred to in subsection 10.33(1) or (2), the work place safety data sheet; and
  • (b) in any other case, the supplier safety data sheet.

(2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Labels

10.35 (1) Subject to sections 10.37 to 10.39, each hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), in a work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;
  • (b) in the case where the employer has undertaken in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as possible after the hazardous product is received from the supplier; and
  • (c) in any other case, have applied to it a supplier label.

(2) Subject to sections 10.37 to 10.39 and 10.42, if a hazardous product, other than a hazardous product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall apply to the container a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is in the work place; or
  • (b) the container of a hazardous product that is in the work place.

12. Subsection 10.36(1) of the Regulations is replaced by the following:

10.36 (1) Subject to sections 10.37 to 10.39, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the hazardous product is not in a container, the employer shall disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a work place safety data sheet for the hazardous product is available in the work place.

13. Section 10.39 of the Regulations is replaced by the following:

10.39 (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(5) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(d) of those Regulations is considered to comply with the requirements of section 10.35 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material that is in the hazardous product and that is classified under the Hazardous Products Act and the Hazardous Products Regulations as a biohazardous infectious material; and
  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call / Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency phone number that will enable the caller to obtain the information that must be provided on the safety data sheet of a hazardous product.

(2) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(6) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(c) or (d) of those Regulations is considered to comply with the requirements of section 10.35 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1 to the Hazardous Products Regulations, ; and
  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call / Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency phone number that will enable the caller to obtain the information that must be provided on the safety data sheet of a hazardous product.

(3) If a hazardous product is in a container other than the container in which it was received from a supplier or is produced in the work place, the employer is exempt from the requirements of section 10.36 and subparagraph 10.37(b)(iii) if

  • (a) the employer has complied with subsection (4);
  • (b) employee education and training is provided as required by these Regulations; and
  • (c) the hazardous product
    • (i) is a laboratory sample,
    • (ii) is intended by the employer solely for analysis, testing or evaluation in a laboratory, and
    • (iii) is clearly identified through any mode of identification visible to employees at the work place.

(4) For the purposes of paragraph (3)(a), the employer shall ensure that the mode of identification used and the employee education and training enable the employees to readily identify and obtain either the information required on a safety data sheet or the information referred to in subsections (1) and (2) with respect to the hazardous product or laboratory sample.

14. Section 10.41 of the Regulations is replaced by the following:

10.41 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(2) An employer shall review the accuracy of the information on a work place label and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

15. Sections 10.42 and 10.43 of the Regulations are replaced by the following:

10.42 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Regulations; and
  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) If a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a hazardous product, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that information, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

10.43 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or
  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

(2) The employer shall provide training to employees regarding the safe storage and handling of hazardous waste.

16. The Regulations are amended by replacing “controlled” with “hazardous”, with any necessary modifications, in the following provisions:

  • (a) the heading of Division II of Part X;
  • (b) section 10.27;
  • (c) the heading of Division III of Part X;
  • (d) the definitions “research and development” and “risk phrase” in section 10.29;
  • (e) subsections 10.36(2) and (3);
  • (f) sections 10.37 and 10.38;
  • (g) paragraphs 10.45(2)(b) and (c); and
  • (h) section 10.46.

17. The French version of the Regulations is amended by replacing “l’identificateur du produit” with “ l’identificateur de produit” in the following provisions:

  • (a) subparagraph 10.37(b)(iii); and
  • (b) the portion of section 10.38 before paragraph (a).

ON BOARD TRAINS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

18. The definitions “hazard information”, “product identifier”, “readily available” and “supplier” in section 7.1 of the On Board Trains Occupational Safety and Health Regulations (see footnote 2) are replaced by the following:

“hazard information” means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents; (renseignements sur les dangers)

“product identifier” has the same meaning as in subsection 1(1) of the Hazardous Products Regulations; (identificateur de produit)

“readily available” means, in respect of a document, present and accessible at the work place at all times; (facilement accessible)

“supplier” has the same meaning as in section 2 of the Hazardous Products Act; (fournisseur)

19. Paragraph 7.15(a) of the Regulations is replaced by the following:

  • (a) marked, by labelling, colour-coding or placarding or by any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow;

20. Section 7.16 of the Regulations and the heading before it are replaced by the following:

Employee Education and Training

7.16 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

(2) The employee education and training program shall include

  • (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to
    • (i) the product identifier of the hazardous substance,
    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,
    • (iii) all hazard information of which the employer is aware or ought to be aware,
    • (iv) the observations referred to in paragraph 7.4(a),
    • (v) the information disclosed on a safety data sheet referred to in section 7.25 and the purpose and significance of that information, and
    • (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information;
  • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 7.15, with respect to
    • (i) every valve and other control and safety device connected to the assembly of pipes,
    • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and
    • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used; and
  • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to
    • (i) the procedures to follow to implement sections 7.8, 7.9 and 7.11,
    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and
    • (iii) the procedures to follow if an employee is exposed to a hazardous substance in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a hazardous substance into the work place.

(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, review the employee education and training program and, if necessary, revise it

  • (a) at least once a year;
  • (b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and
  • (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

21. Section 7.18 of the Regulations is replaced by the following:

7.18 (1) The employer shall keep a written record of the employee education and training program referred to in subsection 7.16(1)

  • (a) readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative; and
  • (b) for two years after the day on which the employee ceases
    • (i) to handle or be exposed to or to be likely to handle or be exposed to the hazardous substance, or
    • (ii) to operate, maintain or repair the assembly of pipes.

(2) The record shall include the name of the employee who was educated and trained and the date of the education and training.

22. The portion of subsection 7.20(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that an employee may be exposed to a concentration of an airborne chemical agent in excess of the value referred to in paragraph (1)(a), the air shall be sampled and the concentration of the chemical agent determined by a qualified person by means of a test in accordance with

23. The heading of Division II of Part VII of the Regulations is replaced by the following:

HAZARDOUS SUBSTANCES OTHER THAN HAZARD 

24. Sections 7.24 to 7.26 of the Regulations are replaced by the following:

7.24 Every container of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place shall be labelled in a manner that discloses clearly

  • (a) the name of the substance; and
  • (b) the hazardous properties of the substance.

7.25 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

  • (a) obtain a copy of the safety data sheet; and
  • (b) keep a copy of the safety data sheet readily available in the work place for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

DIVISION III

HAZARDOUS PRODUCTS
Interpretation

7.26 The following definitions apply in this Division.

“bulk shipment” has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

“container” means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum or storage tank.(contenant)

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

“significant new data” has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

“supplier label” means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

“supplier safety data sheet” means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

“work place label” means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

“work place safety data sheet” means a safety data sheet prepared by an employer in accordance with subsection 7.30(1). (fiche de données de sécurité du lieu de travail)

25. Paragraphs 7.27(1)(a) to (c) of the Regulations are replaced by the following:

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;
  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or
  • (c) wood or a product made of wood.

26. The heading before section 7.28 of the Regulations is replaced by the following:

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

27. Subsection 7.28(1) of the Regulations is replaced by the following:

7.28 (1) Subject to subsection (2) and section 7.37, every employer shall implement the provisions of sections 7.24 and 7.25 in respect of a hazardous product and may, in so doing, replace the generic name of the substance with the product identifier, if the hazardous product

  • (a) is present in the work place;
  • (b) was received from a supplier; and
  • (c) is one of the following:
    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,
    • (ii) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

28. The heading before section 7.29 and sections 7.29 to 7.32 of the Regulations are replaced by the following:

Supplier Safety Data Sheets

7.29 (1) If a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the hazardous product a supplier safety data sheet, unless the employer is in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that has the same product identifier and is from the same supplier;
  • (b) discloses information that is current at the time that the hazardous product is received; and
  • (c) was prepared and dated less than three years before the date that the hazardous product is received.

(2) If there is a hazardous product in a work place for which the supplier safety data sheet is three years old or more, the employer shall, if possible, obtain from the supplier a current supplier safety data sheet.

(3) If it is not possible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

7.30 (1) Subject to section 7.37, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;
  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;
  • (c) the supplier safety data sheet is readily available for examination by the employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative; and
  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

(2) An employer shall review the accuracy of the information on a work place safety data sheet referred to in subsection (1) and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

(3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, add the words “not available” or “not applicable”, as the case may be, in the English version of, and the words “non disponible” or “sans objet”, as the case may be, in the French version of, the work place safety data sheet.

Availability of Safety Data Sheets

7.31 (1) Every employer shall keep readily available for examination by employees and by the safety and health committee or the safety and health representative in any work place in which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

  • (a) in the case of an employer referred to in subsection 7.30(1), the work place safety data sheet; and
  • (b) in any other case, the supplier safety data sheet.

(2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

Labels

7.32 (1) Subject to sections 7.33 and 7.34, each hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), in a work place that is intended for use in the work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container was received from a supplier, have applied to it a supplier label.

(2) Subject to sections 7.33, 7.34 and 7.37, if a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(3) Subject to sections 7.36 and 7.37, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is in the work place; or
  • (b) the container of a hazardous product that is in the work place.

29. Sections 7.36 to 7.38 of the Regulations are replaced by the following:

7.36 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(2) An employer shall review the accuracy of the information on a work place label and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

7.37 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Regulations; and
  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) If a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a hazardous product, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that information, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

7.38 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or
  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

(2) The employer shall provide training to employees regarding the safe storage and handling of hazardous waste.

30. The Regulations are amended by replacing “controlled” with “hazardous” in the following provisions:

  • (a) section 7.33; and
  • (b) the portion of section 7.34 before paragraph (a).

31. The French version of the Regulations is amended by replacing “l’identificateur du produit” with “l’identificateur de produit” in the following provisions:

  • (a) subparagraph 7.33(b)(iii); and
  • (b) the portion of section 7.34 before paragraph (a).

OIL AND GAS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

32. (1) The definitions “hazard information”, “product identifier” and “supplier” in section 11.1 of the Oil and Gas Occupational Safety and Health Regulations (see footnote 3) are replaced by the following:

“hazard information” means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents; (renseignements sur les dangers)

“product identifier” has the same meaning as in subsection 1(1) of the Hazardous Products Regulations; (identificateur de produit)

“supplier” has the same meaning as in section 2 of the Hazardous Products Act; (fournisseur)

(2) Section 11.1 of the Regulations is amended by adding the following in alphabetical order:

“readily available” means, in respect of a document, present and accessible at the work place at all times; (facilement accessible)

33. Subsection 11.15(2) of the Regulations is replaced by the following:

(2) Hazard information in respect of hazardous substances that are, or are likely to be, present in a work place shall be readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

34. Paragraph 11.18(a) of the Regulations is replaced by the following:

  • (a) marked, by labelling, colour-coding or placarding or by any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow;

35. Section 11.19 of the Regulations and the heading before it are replaced by the following:

Employee Education and Training

11.19 Every employer shall, in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

(2) The employee education and training program shall include

  • (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to
    • (i) the product identifier of the hazardous substance,
    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,
    • (iii) all hazard information of which the employer is aware or ought to be aware,
    • (iv) the observations referred to in paragraph 11.4(a),
    • (v) the information disclosed on a safety data sheet referred to in section 11.30 and the purpose and significance of that information,
    • (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information, and
    • (vii) the hazard information referred to in subsection 11.15(2);
  • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 11.18, with respect to
    • (i) every valve and other control and safety device connected to the assembly of pipes,
    • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and
    • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;
  • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to
    • (i) the procedures to follow to implement sections 11.10, 11.11 and 11.14,
    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and
    • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 11.31; and
  • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training and safety data sheets.

(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, review the employee education and training program and, if necessary, revise it

  • (a) at least once a year;
  • (b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and
  • (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

36. The portion of section 11.20 of the Regulations before paragraph (a) is replaced by the following:

11.20 The employer shall keep a written record of the employee education and training program referred to in subsection 11.19(1) readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, for as long as the employees

37. The portion of subsection 11.23(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in paragraph (1)(a) or (b), the air shall be sampled and the concentration of the chemical agent determined by a qualified person by means of a test in accordance with

38. The portion of subsection 11.27(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The record referred to in subsection (2) shall be readily available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, and shall contain

39. Section 11.30 of the Regulations is replaced by the following:

11.30 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

  • (a) obtain a copy of the safety data sheet; and
  • (b) keep a copy of the safety data sheet readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

40. (1) The definitions “manufactured article”, “readily available”, “supplier material safety data sheet” and “work place material safety data sheet” in section 11.31 of the Regulations are repealed.

(2) The definitions “bulk shipment”, “fugitive emission”, “hazardous waste”, “supplier label” and “work place label” in section 11.31 of the Regulations are replaced by the following:

“bulk shipment” has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations; (expédition en vrac)

“fugitive emission” means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; (émission fugitive)

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (résidu dangereux)

“supplier label” means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (étiquette du fournisseur)

“work place label” means a label prepared by an employer in accordance with this Division; (étiquette du lieu de travail)

(3) Section 11.31 of the Regulations is amended by adding the following in alphabetical order:

“container” means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum or storage tank; (contenant)

“significant new data” has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations; (nouvelles données importantes)

“supplier safety data sheet” means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (fiche de données de sécurité du fournisseur)

“work place safety data sheet” means a safety data sheet prepared by an employer in accordance with subsection 11.35(1) or (2). (fiche de données de sécurité du lieu de travail)

41. Paragraphs 11.32(1)(a) to (c) of the Regulations are replaced by the following:

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;
  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or
  • (c) wood or a product made of wood.

42. The heading before section 11.33 and sections 11.33 to 11.38 of the Regulations are replaced by the following:

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

11.33 Subject to section 11.44, every employer shall implement the provisions of sections 11.29 and 11.30 in respect of a hazardous product and may, in so doing, replace the generic name of the substance with the product identifier, if the hazardous product

  • (a) is present in the work place;
  • (b) was received from a supplier; and
  • (c) is one of the following:
    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,
    • (ii) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.
Supplier Safety Data Sheets

11.34 (1) If a hazardous product, other than a hazardous product referred to in paragraph 11.33(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the hazardous product a supplier safety data sheet, unless the employer is in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that has the same product identifier and is from the same supplier;
  • (b) discloses information that is current at the time that the hazardous product is received; and
  • (c) was prepared and dated less than three years before the date that the hazardous product is received.

(2) If there is a hazardous product in a work place for which the supplier safety data sheet is three years old or more, the employer shall, if possible, obtain from the supplier a current supplier safety data sheet.

(3) If it is not possible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

11.35 (1) Subject to section 11.44, if an employer produces in the work place a hazardous product, other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, or imports into Canada a hazardous product and brings it into the work place, the employer shall prepare a work place safety data sheet in respect of that hazardous product.

(2) Subject to section 11.44, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;
  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;
  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative; and
  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

(3) An employer shall review the accuracy of the information on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

(4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, add the words “not available” or “not applicable”, as the case may be, in the English version of, and the words “non disponible” or “sans objet”, as the case may be, in the French version of, the work place safety data sheet.

Availability of Safety Data Sheets

11.36 (1) Every employer shall keep readily available for examination by employees and by any policy committee, safety and health committee or safety and health representative in any work place in which an employee is likely to handle or be exposed to a hazardous product, a copy, in English and in French, of

  • (a) in the case of an employer referred to in subsection 11.35(1) or (2), the work place safety data sheet; and
  • (b) in any other case, the supplier safety data sheet.

(2) The work place safety data sheet and supplier safety data sheet shall be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

Labels

11.37 (1) Subject to sections 11.39 and 11.40, each hazardous product, other than a hazardous product referred to in paragraph 11.33(c), in a work place and each container in which such a hazardous product is contained in a work place shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;
  • (b) in the case where the employer has undertaken in writing to the supplier to apply a label to the inner container of the hazardous product, have applied
    • (i) to the outer container a supplier label, and
    • (ii) as soon as possible after the hazardous product is received from the supplier, to the inner container a supplier label; and
  • (c) in any other case, have applied to it a supplier label.

(2) Subject to sections 11.39, 11.40 and 11.44, if a hazardous product, other than a hazardous product referred to in paragraph 11.33(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall apply to the container a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(3) Subject to sections 11.43 and 11.44, no person shall remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is in the work place; or
  • (b) the container of a hazardous product that is in the work place.

11.38 (1) Subject to section 11.40, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the hazardous product is not in a container, the employer shall disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a work place safety data sheet for the hazardous product is available in the work place.

(2) Subject to sections 11.39 and 11.40, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the employer places the hazardous product in a container, the employer shall apply to the container a work place label that discloses the information referred to in paragraphs (1)(a) to (c).

(3) Subsection (2) does not apply to a hazardous product that is

  • (a) intended for export; or
  • (b) packaged in a container for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

43. Section 11.41 of the Regulations and the heading before it are repealed.

44. Section 11.43 of the Regulations is replaced by the following:

11.43 (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(2) An employer shall review the accuracy of the information on a work place label and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

45. Sections 11.44 and 11.45 of the Regulations are replaced by the following:

11.44 (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Regulations; and
  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) If a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a hazardous product, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that information, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

11.45 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or
  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

(2) The employer shall provide training to employees regarding the safe storage and handling of hazardous waste.

46. The Regulations are amended by replacing “controlled” with “hazardous”, with any necessary modifications, in the following provisions:

  • (a) the heading of Division II of Part XI;
  • (b) section 11.29;
  • (c) the heading of Division III of Part XI;
  • (d) the definition “risk phrase” in section 11.31; and
  • (e) sections 11.39 and 11.40.

47. The French version of the Regulations is amended by replacing “l’identificateur du produit” with “l’identificateur de produit” in the following provisions:

  • (a) subparagraph 11.39(b)(iii); and
  • (b) the portion of section 11.40 before paragraph (a).

MARITIME OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

48. (1) The definitions “hazard information”, “product identifier” and “supplier” in section 243 of the Maritime Occupational Health and Safety Regulations (see footnote 4) are replaced by the following:

“hazard information”means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents. (renseignements sur les risques)

“product identifier” has the same meaning as in subsection 1(1) of the Hazardous Products Regulations. (identificateur de produit)

“supplier” has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)

(2) Section 243 of the Regulations is amended by adding the following in alphabetical order:

“readily available” means, in respect of a document, present and accessible at the work place at all times. (facilement accessible)

49. Paragraph 252(a) of the Regulations is replaced by the following:

  • (a) marked, by labelling, colour-coding or placarding or by any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow; and

50. Section 253 of the Regulations and the heading before it are replaced by the following:

Employee Education and Training

253. (1) Every employer must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

(2) The employee education and training program must include

  • (a) the education and training of each employee who handles or is exposed to or who is likely to handle or be exposed to a hazardous substance, with respect to
    • (i) the product identifier of the hazardous substance,
    • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,
    • (iii) all hazard information of which the employer is aware or ought to be aware,
    • (iv) the observations referred to in paragraph 245(3)(a),
    • (v) the information disclosed on a safety data sheet referred to in subsection 258(2) or 262(1) and the purpose and significance of that information, and
    • (vi) in respect of hazardous products on board a vessel, the information required to be disclosed on a safety data sheet and on a label in accordance with sections 262, 263 and 265 and the purpose and significance of that information;
  • (b) the education and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 252, with respect to
    • (i) every valve and other control and safety device connected to the assembly of pipes,
    • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and
    • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;
  • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to
    • (i) the procedures to follow to implement subsections 250(1), (2) and (5),
    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and
    • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 259; and
  • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training and safety data sheets.

(3) Every employer must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education and training program at least once a year and, if necessary, revise it

  • (a) whenever there is a change in conditions in respect of the hazardous substances in the work place; and
  • (b) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

(4) The employer must keep a paper or electronic record of the employee education and training program.

(5) The employer must make the record readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and keep it for a period of 10 years after the day on which the employee ceases to

  • (a) handle or be exposed or be likely to handle or be exposed to the hazardous substance; or
  • (b) operate, maintain or repair the assembly of pipes.

51. (1) The portion of subsection 255(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the applicable value referred to in paragraph (1)(a) or (b), the air must be sampled by a qualified person and the concentration of the chemical agent determined by means of a test in accordance with

(2) Subsection 255(3) of the English version of the Regulations is replaced by the following:

(3) A paper or electronic record of each test made under subsection (2) must be kept by the employer on board the vessel where the concentration was sampled for a period of three years after the day on which the test was made.

52. Subsection 258(2) of the Regulations is replaced by the following:

(2) If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used on board a vessel may be obtained from the supplier of the hazardous substance, the employer must

  • (a) obtain a copy of the safety data sheet; and
  • (b) make the copy of the safety data sheet readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

53. Section 259 of the Regulations is replaced by the following:

259. The following definitions apply in this Division.

“bulk shipment” has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

“container” means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum or storage tank. (contenant)

“fugitive emission” means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place. (émission fugitive)

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

“significant new data” has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

“supplier label” means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

“supplier safety data sheet” means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

“work place label” means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

“work place safety data sheet” means a safety data sheet prepared by an employer in accordance with subsection 263(1) or (2). (fiche de données de sécurité du lieu de travail)

54. Sections 260 to 265 of the Regulations are replaced by the following:

260. (1) This Division does not apply to any

  • (a) employee employed in the loading or unloading of a vessel not registered in Canada, other than an employee employed on an uncommissioned vessel of Her Majesty in right of Canada;
  • (b) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;
  • (c) manufactured article as defined in section 2 of the Hazardous Products Act; or
  • (d) wood or a product made of wood.

(2) This Division, other than section 272, does not apply to hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

261. Subject to section 271, every employer must comply with the same requirements as those set out in subsection 258(1) in respect of a hazardous product and may, in so doing, replace the generic name of the substance with the product identifier, if the hazardous product

  • (a) is present on a vessel;
  • (b) was received from a supplier; and
  • (c) is one of the following:
    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,
    • (ii) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.
Supplier Safety Data Sheets

262. (1) If a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received by an employer on board a vessel, the employer must, at the time the hazardous product is received, obtain from the supplier of the hazardous product a supplier safety data sheet, unless the employer has in their possession a supplier safety data sheet that

  • (a) is for a hazardous product that has the same product identifier and is from the same supplier;
  • (b) discloses information that is current at the time that the hazardous product is received; and
  • (c) was prepared and dated less than three years before the date that the hazardous product is received.

(2) If there is a hazardous product on board a vessel for which the supplier safety data sheet is three years old or more, the employer must, if possible, obtain from the supplier a current supplier safety data sheet.

(3) If it is not possible for an employer to obtain a current supplier safety data sheet, the employer must update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

263. (1) Subject to section 271, if an employer produces on board a vessel a hazardous product other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, the employer must prepare a work place safety data sheet in respect of the hazardous product.

(2) Subject to section 271, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board a vessel in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;
  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;
  • (c) the supplier safety data sheet is readily available for examination by employees on board the vessel in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and
  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available on the vessel.

(3) An employer must review the accuracy of the information on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

(4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer must, in place of the information, add the words “not available” or “not applicable”, as the case may be, in the English version of, and the words “non accessible” or “sans objet”, as the case may be, in the French version of, the work place safety data sheet.

Availability of Safety Data Sheets

264. (1) Every employer must keep and make readily available for examination on board a vessel on which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

  • (a) in the case of an employer referred to in subsection 263(1) or (2), the work place safety data sheet; and
  • (b) in any other case, the supplier safety data sheet.

(2) The work place safety data sheet and supplier safety data sheet must be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Labels

265. (1) Subject to sections 266 and 267, each hazardous product, other than a hazardous product referred to in paragraph 261(c), that is on board a vessel and is intended for use on that vessel and each container in which the hazardous product is contained on board a vessel must, if the hazardous product or the container is received from a supplier, have applied to it a supplier label.

(2) Subject to sections 266, 267 and 271, if a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received from a supplier and an employer places the hazardous product on board a vessel in a container other than the container in which it was received from the supplier, the employer must apply to the container a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a work place safety data sheet for the hazardous product is on board the vessel.

(3) Subject to sections 266 and 267, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and the hazardous product is not in a container, the employer must disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a work place safety data sheet for the hazardous product is on board the vessel.

(4) Subject to sections 266 and 267, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and places the hazardous product in a container, the employer must apply a work place label to the container that discloses the information referred to in paragraphs (3)(a) to (c).

(5) Subject to sections 266 and 270, a person must not remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is on board a vessel; or
  • (b) the container of a hazardous product that is on board a vessel.

55. Section 268 of the Regulations and the heading before it are repealed.

56. Section 270 of the Regulations is replaced by the following:

270. (1) If, on board a vessel, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer must replace the label with a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available on the vessel.

(2) An employer must review the accuracy of the information on a work place label and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

57. Sections 271 and 272 of the Regulations are replaced by the following:

271. (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer must disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Regulations; and
  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) If a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a hazardous product, the employer must, on the safety data sheet or label of the hazardous product, disclose, in place of that information, a code name or code number specified by the employer as the product identifier for that hazardous product.

Hazardous Waste

272. (1) If a hazardous product on board a vessel is hazardous waste, the employer must disclose the generic name and hazard information in respect of the hazardous productby

  • (a) applying a label to the hazardous waste or its container; or
  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

(2) The employer must provide training to employees regarding the safe storage and handling of hazardous waste.

58. The Regulations are amended by replacing “controlled” with “hazardous”, with the necessary modifications, in the following provisions:

  • (a) the heading of Division 2 of Part 20;
  • (b) subsection 258(1);
  • (c) the heading of Division 3 of Part 20; and
  • (d) sections 266 and 267.

59. The French version of the Regulations is amended by replacing “l’identificateur du produit” with “l’identificateur de produit” in the following provisions:

  • (a) subparagraph 266(b)(iii); and
  • (b) the portion of section 267 before paragraph (a).

AVIATION OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

60. The definitions “hazard information”, “product identifier”, “readily available” and “supplier” in section 5.1 of the Aviation Occupational Health and Safety Regulations (see footnote 5) are replaced by the following:

“hazard information”means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents. (renseignements sur les risques)

“product identifier” has the same meaning as in subsection 1(1) of the Hazardous Products Regulations. (identificateur de produit)

“readily available” means, in respect of a document, present and accessible at the work place at all times. (facilement accessible)

“supplier” has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)

61. Paragraph 5.5(b) of the Regulations is replaced by the following:

  • (b) the employer shall develop and implement a written procedure for the control of the concentration or level of the hazardous substance on board an aircraft and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

62. Section 5.13 of the Regulations and the heading before it are replaced by the following:

Employee Education and Training

5.13 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control on board an aircraft, including with respect to hazardous substances.

(2) The employee education and training program shall include

  • (a) the education and training of each employee who is likely to handle or be exposed to a hazardous substance, with respect to
    • (i) the product identifier of the hazardous substance,
    • (ii) the hazard information disclosed by the supplier or by the employer on a safety data sheet or label,
    • (iii) the hazard information of which the employer is aware or ought to be aware,
    • (iv) the observations referred to in subparagraph 5.5(a)(i),
    • (v) the information disclosed on a safety data sheet referred to in section 5.21 and the purpose and significance of that information, and
    • (vi) in respect of hazardous products on board an aircraft, the information required to be disclosed on a safety data sheet and on a label under Division 3 and the purpose and significance of that information;
  • (b) the education and training of each employee who is referred to in paragraph (a), with respect to
    • (i) the procedures to follow to implement sections 5.8 and 5.9,
    • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and
    • (iii) the procedures to follow if an employee is exposed to a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; and
  • (c) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training and safety data sheets.

(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education and training program and, if necessary, revise it

  • (a) at least once a year;
  • (b) whenever there is a change in conditions in respect of the hazardous substances on board an aircraft; and
  • (c) whenever new hazard information in respect of a hazardous substance on board an aircraft becomes available to the employer.

63. The portion of section 5.14 of the Regulations before paragraph (b) is replaced by the following:

5.14 The employer shall keep a paper or electronic record of the education and training given to every employee and shall

  • (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

64. (1) The portion of subsection 5.16(2) of the French version of the Regulations is replaced by the following:

(2) Lorsqu’il est probable que la concentration d’un agent chimique dans l’air excède la valeur visée au paragraphe (1), des échantillons d’air doivent être prélevés et la concentration de l’agent chimique doit être calculée conformément :

(2) Subsection 5.16(3) of the Regulations is replaced by the following:

(3) A paper or electronic record of each determination made under subsection (2) shall be kept by the employer at a location accessible to employees to whom it applies for a period of 3 years from the date of the determination.

65. Sections 5.21 to 5.29 of the Regulations are replaced by the following:

5.21 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on board an aircraft may be obtained from the supplier of the hazardous substance, the employer shall obtain a copy of the safety data sheet and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Division 3

Hazardous Products

Interpretation

5.22 The following definitions apply in this Division.

“bulk shipment” has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

“container” means any package or receptacle and includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or similar package or receptacle. (contenant)

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

“significant new data” has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

“supplier label” means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

“supplier safety data sheet” means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

“work place label” means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

“work place safety data sheet” means a safety data sheet prepared by an employer in accordance with subsection 5.25(1). (fiche de données de sécurité du lieu de travail)

5.23 (1) This Division does not apply to any

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco Act;
  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or
  • (c) wood or a product made of wood.

(2) This Division, other than section 5.28.1, does not apply to hazardous waste.

Supplier Safety Data Sheets

5.24 (1) Subsections (2) to (4) do not apply to a hazardous product that is

  • (a) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act; or
  • (b) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

(2) If a hazardous product is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the hazardous product a safety data sheet unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that has the same product identifier and is from the same supplier;
  • (b) discloses information that is current at the time that the hazardous product is received; and
  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

(3) If there is a hazardous product on board an aircraft for which the supplier safety data sheet is three years old or more, the employer shall, if practicable, obtain from the supplier a current supplier safety data sheet.

(4) If it is not practicable for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data of which the employer is aware.

Work Place Safety Data Sheets

5.25 (1) Subject to section 5.29, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board an aircraft in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;
  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;
  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and
  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available on board the aircraft.

(2) An employer shall review the accuracy of the information on a work place safety data sheet referred to in subsection (1) and update it as soon as practicable but not later than 90 days after new hazard information or significant new data becomes available to the employer.

(3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, add the words “not available” or “not applicable”, as the case may be, in the English version of, and the words “non disponible” or “sans objet”, as the case may be, in the French version of, the work place safety data sheet.

Availability of Safety Data Sheets

5.26 (1) Every employer shall keep readily available for examination by employees and by any policy committee, work place committee or health and safety representative on board any aircraft on which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

  • (a) the work place safety data sheet referred to in subsection 5.25(1); and
  • (b) the supplier safety data sheet.

(2) The work place safety data sheet and supplier safety data sheet shall be made readily available in any form, as determined in consultation with the policy committee, or if there is no policy committee, the work place committee or the health and safety representative.

Labels

5.27 (1) Each hazardous product, other than a hazardous product listed in subsection 5.24(1), in a work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;
  • (b) in the case where the employer has agreed in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as possible after the hazardous product is received from the supplier; and
  • (c) in any other case, have applied to it a supplier label.

(2) Subject to section 5.29, if a hazardous product, other than a hazardous product listed in subsection 5.24(1), is received from a supplier and an employer places the hazardous product on board an aircraft in a container other than the one in which it was received from the supplier, the employer shall apply to the container a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

(3) Subject to sections 5.28 and 5.29, no person shall remove, deface or modify the supplier label applied to a hazardous product, or its container, that is in the work place.

Replacing Labels

5.28 If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

  • (a) the product identifier;
  • (b) the hazard information in respect of the hazardous product; and
  • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.
Hazardous Waste

5.28.1 (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or
  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

(2) The employer shall provide training to employees regarding the safe storage and handling of hazardous waste.

Exemptions from Disclosure

5.29 (1) If an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

  • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Regulations; and
  • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) However, if a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a hazardous product, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that information, a code name or code number specified by the employer as the product identifier for that hazardous product.

66. The Regulations are amended by replacing “controlled” with “hazardous”, with any necessary modifications, in the following provisions:

  • (a) the heading of Division 2 of Part 5; and
  • (b) section 5.20.

TRANSITIONAL PROVISION

67. If an employer complies with the requirements set out in the provisions amended by these Regulations as those provisions read immediately before February 11, 2015, these Regulations do not apply to the employer

  • (a) during the period that begins on the day on which these Regulations come into force and ends on November 30, 2018; and
  • (b) in respect of any hazardous products that are in the work place on December 1, 2018, during the period that begins on December 1, 2018 and ends on May 31, 2019.

COMING INTO FORCE

68. These Regulations come into force on the day on which they are registered.

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