Occupational Health and Safety Code

394.1

In this Part,

“bulk shipment” means a shipment of a hazardous product contained in any of the following without intermediate containment or intermediate packaging:

(a) a vessel with a water capacity equal to or greater than 450 litres;

(b) a freight container, road vehicle, railway vehicle or portable tank;

(c) the hold of a ship;

(d) a pipeline;

“CAS Registry Number” means the identification number assigned to a chemical by the Chemical Abstracts Service division of the American Chemical Society;

“claim for disclosure exemption” means a claim filed under section 408;

“container” means a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle, but does not include a storage tank;

“fugitive emission” means a substance that leaks or escapes from process equipment, a container, emission control equipment or a product;

“hazard class” means a hazard class listed in Schedule 2 of the Hazardous Products Act (Canada);

“hazard information” means information on the correct and safe use, storage, handling and manufacture of a hazardous product, including information relating to its health and physical hazards;

“hazardous product” means any product, mixture, material or substance classified in accordance with the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in Schedule 2 of that Act;

“hazardous waste” means a hazardous product that is intended for disposal, or is acquired or generated for recycling or recovery;

“label” means a group of written, printed or graphic information elements that relate to a hazardous product which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;

“laboratory sample” means a sample of a hazardous product that is packaged in a container that contains less than 10 kilograms of the hazardous product and is intended solely to be tested in a laboratory, but does not include a sample that is to be used

(a) by the laboratory for testing other products, mixtures, materials or substances, or

(b) for educational or demonstration purposes;

“manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product;

“mixture” means a combination of, or a solution that is composed of, 2 or more ingredients that, when they are combined, do not react with each other, but excludes any such combination or solution that is a substance;

“product identifier” with respect to a hazardous product, means the brand name, chemical name, common name, generic name or trade name;

“safety data sheet” means a document that contains information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product at a work site, in accordance with the regulations made under subsection 15(1) of the Hazardous Products Act (Canada);

“significant new data” means new data regarding the hazard presented by a hazardous product that

(a) change its classification in a category or subcategory of a hazard class,

(b) result in its classification in another hazard class, or

(c) change the ways to protect against the hazard presented by the hazardous product;

“substance” means any chemical element or chemical compound that is in its natural state or that is obtained by a production process, whether alone or together with

(a) any additive that is necessary to preserve the stability of the chemical element or chemical compound,

(b) any solvent that is necessary to preserve the stability or composition of the chemical element or chemical compound, or

(c) any impurity that is derived from the production process;

“supplier” means a person who, in the course of business, imports or sells a hazardous product;

“supplier label” means the label provided by the supplier of a hazardous product that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act (Canada);

“work site label” with respect to a hazardous product means a label that contains

(a) a product identifier that is identical to that found on the safety data sheet for the hazardous product,

(b) information for the safe handling of the hazardous product, and

(c) reference to the safety data sheet for the hazardous product.

395(1)

Subject to subsections (3), (4) and (5), this Part applies to hazardous products at a work site.

395(2)

An employer must ensure that a hazardous product is used, stored, handled or manufactured at a work site in accordance with this Part.

395(3)

This Part does not apply if the hazardous product is

(a) wood or a product made of wood,

(b) tobacco or a tobacco product governed by the Tobacco and Vaping Products Act (Canada),

(c) a hazardous waste, or

(d) a manufactured article.

395(4)

Except for section 407, this Part does not apply if the hazardous product is a dangerous good under the Dangerous Goods Transportation and Handling Act, to the extent that its handling, offering for transport or transport is subject to that Act.

395(5)

Sections 398, 403, 404, 405, 406, 407 and 408 do not apply if the hazardous product is

(a) an explosive governed by the Explosives Act (Canada),

(b) a cosmetic, device, drug or food governed by the Food and Drugs Act (Canada),

(c) a product governed by the Pest Control Products Act (Canada),

(d) a nuclear substance that is radioactive governed by the Nuclear Safety and Control Act (Canada), or

(e) a product, material or substance packaged as a consumer product as defined in section 2 of the Canada Consumer Product Safety Act (Canada).

396

If a hazardous product is a hazardous waste generated at the work site, an employer must ensure that it is stored and handled safely using a combination of

(a) an appropriate means of identification, and

(b) instruction of workers on the safe handling of the hazardous waste.

397(1)

An employer must ensure that a worker who works with or near a hazardous product or performs work involving the manufacture of a hazardous product is trained in

(a) the content required to be on a supplier label and a work site label and the purpose and significance of the information on the label,

(b) the content required to be on a safety data sheet and the purpose and significance of the information on the safety data sheet,

(c) procedures for safely storing, using and handling the hazardous product,

(d) if applicable, the procedures for safely manufacturing the hazardous product,

(e) if applicable, the methods of identification referred to in section 402,

(f) the procedures to be followed if there are fugitive emissions, and

(g) the procedures to be followed in case of an emergency involving the hazardous product.

397(2)

An employer must develop and implement the procedures referred to in subsection (1) in consultation with the joint health and safety committee or health and safety representative, if there is one.

398(1)

Subject to subsection (5), an employer must ensure that a hazardous product or its container at a work site has a supplier label or a work site label on it.

398(2)

Subject to any labelling exemptions in the Hazardous Products Regulations (Canada), an employer must not remove, modify or alter a supplier label on a container in which a hazardous product is received from a supplier if any amount of the hazardous product remains in the container.

398(3)

If significant new data is provided to the employer from the supplier regarding the label content, the employer must update the supplier label or work site label as soon as this information is received.

398(4)

Subject to any labelling exemptions in the Hazardous Products Regulations (Canada), if the supplier label on a hazardous product or its container is illegible or is removed or detached, an employer must immediately replace the label with another supplier label or a work site label.

398(5)

An employer may store a hazardous product that does not have a supplier label or a work site label on it for not more than 120 days if the employer

(a) is actively seeking the supplier label or the information required for a work site label,

(b) posts a placard that complies with section 401, and

(c) ensures that a worker who works with or in proximity to the stored, hazardous product

(i) knows the purpose of the placard and the significance of the information on it,

(ii) is trained in the procedures to be followed if there are fugitive emissions, and

(iii) is trained in the procedures to be followed in case of an emergency involving the hazardous product.

398(6)

If a hazardous product is imported and received at a work site without a supplier label, the employer must apply a work site label.

398(7)

An employer who receives an unpackaged hazardous product or a hazardous product transported as a bulk shipment must apply a label containing the information required on a supplier label or a work site label to the container of the hazardous product or to the hazardous product at the work site.

399

If an employer produces or manufactures a hazardous product for use at a work site, the employer must ensure that the hazardous product or its container has, at a minimum, a work site label on it.

400(1)

If a hazardous product is decanted at a work site into a container other than the container in which it was received from a supplier, the employer must ensure that a work site label is applied to the container.

400(2)

Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or a work site label if all of the hazardous product is required for immediate use and the hazardous product is

(a) under the control of and used exclusively by the worker who filled the portable container,

(b) used only during the shift during which the portable container is filled, and

(c) the contents of the portable container are clearly identified on the container.

401(1)

Sections 398, 399 and 400 do not apply if an employer posts a placard respecting a hazardous product that

(a) is not in a container,

(b) is in a container or in a form intended for export from Canada, or

(c) is in a container that

(i) is intended to contain the hazardous product for sale or other disposition, and

(ii) is labelled, or is about to be labelled, in an appropriate manner having regard to the intended disposition.

401(2)

A placard referred to in subsection (1) must

(a) have the information required to be on a work site label printed large enough to be read by workers,

(b) be big enough to be conspicuous, and

(c) be located in a conspicuous place at the work area where the hazardous product is stored.

402

Sections 398, 399 and 400 do not apply to a hazardous product at a work site if

(a) the hazardous product is contained or transferred in

(i) a piping system that includes valves,

(ii) a reaction vessel, or

(iii) a tank car, tank truck, ore car, conveyor belt or similar conveyance,

and

(b) the employer identifies the hazardous product by using colour coding, labels, placards or some other means of effective identification.

403(1)

Section 398 does not apply to a hazardous product in a laboratory sample if

(a) the hazardous product is the subject of an exemption under subsection 5(4), (5) or (6) of the Hazardous Products Regulations (Canada), and

(b) the container of the laboratory sample is labelled with the information listed in subsection (2)(a) to (c) of this section in place of the information required by paragraph 3(1)(c) or (d) of the Hazardous Products Regulations (Canada).

403(2)

With respect to laboratory samples that are the subject of an exemption under subsection 5(4), (5) or (6) of the Hazardous Products Regulations (Canada), an employer must ensure that when such a laboratory sample is brought into the laboratory, it is packaged in a container that has a label with the following information printed on it:

(a) the chemical name or generic chemical name of any material or substance in the hazardous product that is classified in a category or subcategory of a health hazard class and is present above the relevant concentration limit or is present at a concentration that results or would result in the mixture being classified in a category or subcategory of any health hazard class, if the health hazard class is known to the supplier or the employer;

(b) the emergency telephone number that will enable the caller to obtain hazard information on the hazardous product;

(c) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call” followed by the emergency telephone number referred to in clause (b).

403(3)

Where a hazardous product is in a container other than the container in which it was received from the supplier or the hazardous product is manufactured and used in a laboratory, the employer is exempt from section 400 if

(a) the hazardous product

(i) is a laboratory sample,

(ii) is intended solely for the use of analysis, testing or evaluation in a laboratory, and

(iii) is clearly identified,

and

(b) the provisions of section 397 are complied with.

403(4)

Where a hazardous product is produced at a work site and is in a container for the sole purpose of use, analysis, testing or evaluation in a laboratory, the employer is exempt from section 400 if

(a) the hazardous product

(i) is not removed from the laboratory, and

(ii) is clearly identified,

and

(b) the provisions of section 397 are complied with.

404(1)

An employer who acquires a hazardous product for use at a work site must obtain a supplier safety data sheet for that hazardous product unless the supplier is exempted from the requirement to provide a safety data sheet by the Hazardous Products Regulations (Canada).

404(2)

An employer may store a hazardous product for which there is no supplier safety data sheet for not more than 120 days if the employer is actively seeking the supplier safety data sheet.

405(1)

An employer must prepare a safety data sheet for a hazardous product produced or manufactured at a work site.

405(2)

Subsection (1) does not apply to a fugitive emission or an intermediate product undergoing reaction within a reaction vessel.

405(3)

An employer may provide a safety data sheet in a format different from the supplier safety data sheet or containing additional hazard information if

(a) the supplier safety data sheet is available at the work site, and

(b) the safety data sheet, subject to section 408,

(i) includes the information required for a supplier safety data sheet, and

(ii) states that the supplier safety data sheet is available at the work site.

406(1)

The employer must ensure that the safety data sheet for a hazardous product received at the time of purchase from the supplier is the most current version.

406(2)

If significant new data are provided to the employer from the supplier regarding the safety data sheet content, the employer must update the safety data sheet referred to in subsection (1)

(a) as soon as reasonably practicable, and, in any case,

(b) not more than 90 days after significant new data are provided to the employer.

407

An employer must ensure that the safety data sheet required by this Part is readily available at a work site to workers who may be exposed to a hazardous product and to the joint health and safety committee or health and safety representative, if there is one.

408

An employer may file a claim in accordance with the Hazardous Materials Information Review Act (Canada) that the following information is confidential business information and is exempt from disclosure on a label or a safety data sheet required under this Part:

(a) in the case of a material or substance that is a hazardous product,

(i) the chemical name of the material or substance,

(ii) the CAS registry number, or any other unique identifier, of the material or substance, and

(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the health hazard class under that Act;

(b) in the case of an ingredient that is in a mixture that is a hazardous product,

(i) the chemical name of the ingredient,

(ii) the CAS registry number, or any other unique identifier, of the ingredient, and

(iii) the concentration or concentration range of the ingredient;

(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade name or brand name;

(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification;

(f) information that could be used to identify a supplier of a hazardous product.

409(1)

Subject to subsection (2), an employer who claims an exemption referred to in section 408 in accordance with the Hazardous Materials Information Review Act (Canada) may

(a) delete the information that is the subject of the claim for exemption from the safety data sheet for the hazardous product, and

(b) remove a supplier label and replace it with a work site label that complies with this Part.

409(2)

An employer may delete the confidential business information in respect of which a claim has been made under section 408 from the safety data sheet from the date the employer files the claim for exemption until the final disposition by Health Canada of the proceedings in relation to the claim, if the employer discloses on the safety data sheet and, where applicable, on the label of the product or its container

(a) a statement that the claim for exemption was filed,

(b) the date on which the claim was filed, and

(c) the registry number assigned to the claim for exemption under the Hazardous Materials Information Review Act (Canada).

409(3)

An exemption is valid for 3 years after the date of determination by Health Canada that the information is confidential business information.

410(1)

If an employer is notified that a claim for exemption under section 408 is valid, the employer may, subject to subsection (2),

(a) remove the supplier label and replace it with a work site label that complies with this Part, and

(b) delete the confidential business information from the safety data sheet for the hazardous product.

410(2)

An employer may delete confidential business information from a hazardous product’s safety data sheet label if the employer includes on its safety data sheet and, if applicable, on its label or the container in which it is packaged,

(a) a statement that an exemption from disclosure has been granted,

(b) the date of the decision by Health Canada granting the exemption, and

(c) the registry number assigned to the claim for exemption under the Hazardous Materials Information Review Act (Canada).

410(3)

The information referred to in subsection (2) must be included for a period of 3 years beginning not more than 30 days after the final disposition of the claim for exemption.

411(1)

An employer who manufactures a hazardous product must give, as quickly as possible under the circumstances, the source of toxicological data used in preparing a safety data sheet on request to

(a) an officer,

(b) the joint health and safety committee or health and safety representative, or

(c) if there is no joint health and safety committee or health and safety representative, a representative of concerned workers at the work site.

411(2)

The Hazardous Materials Information Review Act (Canada) applies to the disclosure of information under subsection (1).

412(1)

If an officer or other official working under the authority of the Hazardous Products Act (Canada) obtains information under paragraph 46(2)(e) of the Hazardous Materials Information Review Act (Canada), the officer or other official

(a) must keep the information confidential, and

(b) must not disclose it to any person except in accordance with this Part and for the purposes of the administration or enforcement of the Hazardous Products Act (Canada) or the Act.

412(2)

A person to whom information is disclosed under subsection (1)(b)

(a) must keep the information confidential, and

(b) must not disclose it to any person except in accordance with this Part and for the purposes of the administration or enforcement of the Hazardous Products Act (Canada) or the Act.

413(1)

An employer must give information that the employer has, including confidential business information exempted from disclosure under this Part, to a medical professional for the purpose of making a medical diagnosis or treating a worker in an emergency.

413(2)

A person to whom confidential business information is given under subsection (1) must not give the information to another person except for the purpose of treating a worker in an emergency.

413(3)

A person to whom confidential business information is given under subsection (2) must keep the information confidential.

414(1)

A person must not use or disclose confidential business information exempted from disclosure under this Part except in accordance with sections 412 and 413.

414(2)

Subsection (1) does not apply to a person who makes a claim for exemption or to a person acting with that person’s consent.