O. Reg. 168/16: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS)
filed June 6, 2016 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1
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made under the
Occupational Health and Safety Act
Made: June 1, 2016
Filed: June 6, 2016
Published on e-Laws: June 6, 2016
Printed in The Ontario Gazette: June 25, 2016
Amending Reg. 860 of R.R.O. 1990
(WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS))
1. The French version of the title to Regulation 860 of the Revised Regulation of Ontario, 1990 is revoked and the following substituted:
Système d’information sur les matières dangereuses utilisées au travail (Simdut)
2. (1) The Regulation is amended by striking out “controlled product” wherever it appears and substituting in each case “hazardous product”.
(2) The Regulation is amended by striking out “controlled products” wherever it appears and substituting in each case “hazardous products”.
(3) The Regulation is amended by striking out “material safety data sheet” wherever it appears and substituting in each case “safety data sheet”.
(4) The Regulation is amended by striking out “material safety data sheets” wherever it appears and substituting in each case “safety data sheets”.
3. (1) The definition of “product identifier” in subsection 1 (1) of the Regulation is amended by striking out “code name or code number specified by a supplier or the”.
(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society; (“numéro d’enregistrement CAS”)
“significant new data” means new data regarding the hazard presented by a hazardous product that change its classification, in accordance with the Hazardous Products Regulations (Canada), in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada), or results in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product; (“nouvelles données importantes”)
“supplier safety data sheet” means, in respect of a hazardous product, a safety data sheet provided by a supplier that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet; (“fiche de données de sécurité du fournisseur”)
(3) The definitions of “bulk shipment”, “fugitive emission”, “hazard information”, “hazardous product”, “Hazardous Products Regulations (Canada)”, “hazardous waste”, “label”, “laboratory sample”, “manufactured article”, “safety data sheet” and “supplier label” in subsection 1 (1) of the Regulation are revoked and the following substituted:
“bulk shipment” means a shipment of a hazardous product that is contained without intermediate containment or intermediate packaging in,
(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, or
(d) a pipeline; (“expédition en vrac”)
“fugitive emission” means a gas, liquid, solid, vapour, fume, mist, fog or dust that meets the following conditions:
1. The gas, liquid, solid, vapour, fume, mist, fog or dust escaped from process equipment, from emission control equipment or from a product.
2. Workers may be readily exposed to the gas, liquid, solid, vapour, fume, mist, fog or dust; (“émission fugitive”)
“hazard information” means information on the proper and safe use, storage and handling of a hazardous product and includes information relating to the product’s health and physical hazards; (“renseignements sur les dangers”)
“hazardous product” means any product, mixture, material or substance that is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada); (“produit dangereux”)
“Hazardous Products Regulations (Canada)” means the Hazardous Products Regulations, SOR/2015-17, made under the Hazardous Products Act (Canada); (“Règlement sur les produits dangereux (Canada)”)
“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (“résidu dangereux”)
“label” means a group of written, printed or graphic information elements that relate to a hazardous product, which is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged; (“étiquette”)
“laboratory sample” means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of hazardous product and that 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; (“échantillon pour laboratoire”)
“manufactured article” means an 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; (“article manufacturé”)
“safety data sheet” means,
(a) a supplier safety data sheet, or
(b) a safety data sheet prepared by an employer under subsection 18 (1) of this Regulation; (“fiche de données de sécurité”)
“supplier label” means, in respect of a hazardous product, a label provided by a supplier that contains the information required by the Hazardous Products Regulations (Canada) for that hazardous product; (“étiquette du fournisseur”)
(4) The definitions of “risk phrase” and “supplier material safety data sheet” in subsection 1 (1) of the Regulation are revoked.
4. (1) Clause 3 (2) (b) of the Regulation is amended by striking out “product made of tobacco” and substituting “tobacco product within the meaning of section 2 of the Tobacco Act (Canada)”.
(2) The French version of clause 3 (2) (c) of the Regulation is amended by striking out “fabriqués” and substituting “manufacturés".
(3) Subsection 3 (3) of the Regulation is amended by striking out “Part IV” and substituting “Parts 7 and 8”.
5. (1) Subsection 4 (2) of the Regulation is revoked and the following substituted:
(2) Section 8 (supplier labels), section 14 (laboratory samples) and sections 17 and 18 (safety data sheets) do not apply with respect to,
(a) an explosive within the meaning of section 2 of the Explosives Act (Canada);
(b) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act (Canada);
(c) a pest control product within the meaning of subsection 2 (1) of the Pest Control Products Act (Canada);
(d) a nuclear substance that is radioactive and that is within the meaning of a nuclear substance under section 2 of the Nuclear Safety and Control Act (Canada); or
(e) a consumer product within the meaning of section 2 of the Canada Consumer Product Safety Act (Canada).
(2) Clause 4 (3) (b) of the Regulation is amended by striking out “product made of tobacco” and substituting “tobacco product within the meaning of section 2 of the Tobacco Act (Canada)”.
(3) The French version of clause 4 (3) (c) of the Regulation is amended by striking out “fabriqués” and substituting “manufacturés".
(4) Clause 4 (3) (d) of the Regulation is amended by striking out “Transportation of Dangerous Goods Act (Canada)” and substituting “Transportation of Dangerous Goods Act, 1992 (Canada)”.
(5) Subsection 4 (4) of the Regulation is amended by striking out “generated at a workplace”.
6. Section 6 of the Regulation is amended by striking out “in proximity” wherever it appears and substituting in each case “who may be exposed in the course of his or her work”.
7. Subsection 7 (1) of the Regulation is amended by striking out “in proximity” and substituting “who may be exposed in the course of his or her work”.
8. Subsections 8 (4) to (6) of the Regulation are revoked and the following substituted:
(4) Despite subsections (2) and (3), a supplier label may be removed from a container with a capacity of 3 mL or less if the label interferes with the normal use of the hazardous product.
(5) If an employer receives significant new data from a supplier about a hazardous product, the employer shall, as soon as practicable, attach to every relevant supplier label required under this section, new information that reflects the significant new data.
(6) An employer who imports and receives, under the Hazardous Products Regulations (Canada), a hazardous product for use in the employer’s own workplace, without a supplier label or with a supplier label that does not meet all the labelling requirements of the Hazardous Products Regulations (Canada), shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product.
(7) An employer who receives at a workplace an unpackaged hazardous product without a supplier label or a hazardous product transported as a bulk shipment without a supplier label, shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product.
9. Section 9 of the Regulation is amended by adding the following subsection:
(3) An employer shall update a workplace label referred to in subsection (1) as soon as practicable after significant new data about the product becomes available to the employer.
10. Sections 13 to 15 of the Regulation are revoked and the following substituted:
Laboratory Samples
14. (1) No supplier label is required on a laboratory sample of a hazardous product if,
(a) the laboratory sample is exempt from labelling requirements under subsection 5 (5) or (6) of the Hazardous Products Regulations (Canada); and
(b) the supplier provides a label that is affixed to a container of the hazardous product and that discloses the information described in subsection (2).
(2) A label referred to in clause (1) (b) shall disclose the following information about the hazardous product:
1. The chemical name or generic chemical name, if known to the supplier, of every material or substance in the hazardous product where,
i. individually, the material or substance is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and is present above the relevant concentration limit, and
ii. in a mixture, the material or substance is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.
2. 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 insert the number described in paragraph 3”.
3. An emergency telephone number for the purposes of obtaining the information that must be provided on the safety data sheet for the hazardous product.
15. (1) If an employer complies with subsection (2), no workplace label is required for a laboratory sample that,
(a) is produced in the workplace or is in a container other than the container in which it was received from a supplier; and
(b) is clearly identified through a combination of identification visible to workers at the workplace and worker education.
(2) For the purpose of subsection (1), the employer shall ensure that the identification and worker education for the laboratory sample enable the workers to readily identify and obtain either the information required on a safety data sheet, if one has been prepared, or the information described in subsection 14 (2) on a label.
11. Section 17 of the Regulation is revoked and the following substituted:
17. (1) An employer who receives a hazardous product from a supplier for use, storage or handling at a workplace shall obtain a supplier safety data sheet for the hazardous product from the supplier unless the supplier is exempted under the Hazardous Products Regulations (Canada) from providing a safety data sheet for the hazardous product.
(2) An employer shall update a supplier safety data sheet obtained under subsection (1) as soon as practicable after significant new data about the product is provided by the supplier or otherwise becomes available to the employer.
(3) An employer may provide a safety data sheet in a different format from that of the supplier safety data sheet for the hazardous product or containing additional hazard information if,
(a) the safety data sheet provided by the employer, subject to subsection 40 (6) of the Act, contains no less content than the supplier safety data sheet; and
(b) the supplier safety data sheet is available at the workplace and the employer-provided safety data sheet indicates that fact.
12. Sections 18 to 22 of the Regulation are revoked and the following substituted:
18. (1) An employer who produces a hazardous product at a workplace shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet.
(2) No safety data sheet is required for a hazardous product that is a laboratory sample produced by the employer at the workplace.
(3) An employer shall update a safety data sheet referred to in subsection (1) as soon as practicable but not later than 90 days after significant new data about the hazardous product becomes available to the employer.
Confidential Business Information
19. (1) A claim under subsection 40 (1) of the Act for exemption from disclosure shall be made only in respect of,
(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 accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the 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; and
(f) information that could be used to identify a supplier of a hazardous product.
(2) If an employer excludes from a label or safety data sheet information in respect of which an exemption is claimed, the label or safety data sheet must contain all information otherwise required by this Regulation.
20. (1) An employer who files a claim under subsection 40 (1) of the Act for exemption from disclosure in respect of a hazardous product shall state on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada).
(2) The information described in subsection (1) shall remain on the safety data sheet or label until,
(a) 30 days after the final disposition of the proceedings in relation to the claim for exemption; or
(b) if an order is issued under the Hazardous Materials Information Review Act (Canada) in respect of the claim, the end of the period specified in the order.
21. If an employer files a claim under subsection 40 (1) of the Act for an exemption from disclosure in respect of a hazardous product that is produced in the employer’s workplace and the employer excludes from the safety data sheet information in respect of which the exemption is claimed, the following rules apply with respect to the safety data sheet:
1. If the claim is being made in respect of information set out in clause 19 (1) (a) or subclauses 19 (1) (b) (i) or (ii) of this Regulation, the safety data sheet shall include:
i. in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance, or
ii. in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that,
A. individually, is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada), and is present above the relevant concentration limit, or
B. is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.
2. If the claim is being made in relation to information set out in clause 19 (1) (d) of this Regulation, the safety data sheet shall include the code name or code number of the hazardous product.
13. Subsection 23 (1) of the Regulation is revoked and the following substituted:
(1) An employer whose claim or a portion of whose claim under subsection 40 (1) of the Act for exemption from disclosure is determined to be valid shall disclose on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged,
(a) a statement that an exemption has been granted;
(b) the date of the decision granting the exemption; and
(c) the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada).
14. Section 25 of the Regulation is amended by striking out “health and safety committee” wherever it appears and substituting in each case “committee”.
15. The Regulation is amended by adding the following section:
Transition
25.1 (1) During the first transition period, the following rules apply:
1. An employer may continue to receive and use hazardous products with labels and safety data sheets that comply with the provisions of this Regulation relating to labels and material safety data sheets as they read immediately before July 1, 2016.
2. The worker education provisions of this Regulation as they read immediately before July 1, 2016, relating to the hazardous products described in paragraph 1, continue to apply.
(2) During the second transition period, the following rules apply:
1. An employer may continue to use hazardous products already at the workplace with labels and safety data sheets that comply with the provisions of this Regulation relating to labels and material safety data sheets as they read immediately before July 1, 2016.
2. The worker education provisions of this Regulation as they read immediately before July 1, 2016, relating to the hazardous products described in paragraph 1, continue to apply.
(3) In this section,
“first transition period” means the period beginning on July 1, 2016 and ending on May 31, 2018; (“première période de transition”)
“second transition period” means the period beginning on June 1, 2018 and ending on November 30, 2018. (“deuxième période de transition”)
Commencement
16. This Regulation comes into force on the later of July 1, 2016 and the day it is filed.