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O. Reg. 458/18: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS)

filed November 2, 2018 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

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ontario regulation 458/18

made under the

Occupational Health and Safety Act

Made: October 31, 2018
Filed: November 2, 2018
Published on e-Laws: November 2, 2018
Printed in The Ontario Gazette: November 17, 2018

Amending Reg. 860 of R.R.O. 1990

(WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS))

1. Clause (b) of the definition of “safety data sheet” in subsection 1 (1) of Regulation 860 of the Revised Regulations of Ontario, 1990 is amended by adding “or (1.1)” after “subsection 18 (1)”.

2. Clause 7 (1) (a) of the Regulation is revoked and the following substituted:

(a) the contents required on labels and the purpose and significance of the information contained on the labels;

3. Section 8 of the Regulation is amended by adding the following subsections:

(8) Despite subsection (1), an employer shall replace a label on a hazardous product, or container of a hazardous product, by affixing to the product or container a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product if,

(a) the hazardous product or container was received at a workplace from a supplier on or before August 31, 2018;

(b) the employer is unable to obtain a supplier label; and

(c) the WHMIS 1988 supplier label would have complied with whichever of the following is applicable:

(i) the provisions of this Regulation relating to supplier labels for that hazardous product as they read immediately before July 1, 2016,

(ii) section 13 of this Regulation, as it read immediately before July 1, 2016,

(iii) section 14 of this Regulation, as it read immediately before July 1, 2016.

(9) Despite subsection (8), an employer may replace a WHMIS 1988 supplier label provided by a supplier under section 14 of this Regulation, as it read immediately before July 1, 2016, with a label that includes the information required by section 14 of this Regulation, as it currently reads, if the conditions set out in section 14 are met.

(10) Despite subsection (3), if a label affixed under subsection (8) or 13 (2) becomes illegible or is removed, the employer shall replace the label with,

(a) a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product; or

(b) a supplier label.

(11) In this section,

“WHMIS 1988 supplier label” means,

(a) a supplier label as defined by this Regulation, as it read immediately before July 1, 2016,

(b) a label provided by a supplier under section 13 of this Regulation, as it read immediately before July 1, 2016, or

(c) a label provided by a supplier under section 14 of this Regulation, as it read immediately before July 1, 2016.

4. Subsection 10 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) No supplier label, workplace label or label affixed under subsection 8 (8) or 13 (2) is required on a portable container that is filled directly from a container of a hazardous product with a supplier label, workplace label or label affixed under subsection 8 (8) or 13 (2),

. . . . .

5. The Regulation is amended by adding the following section:

Transition, workplace labels

13. (1) An employer shall replace a WHMIS 1988 workplace label on a hazardous product, or container of a hazardous product, by affixing to the product or container a workplace label if,

(a) the WHMIS 1988 workplace label was affixed to the product or container on or before November 30, 2018;

(b) the WHMIS 1988 workplace label would have complied with the provisions of this Regulation relating to workplace labels for that hazardous product as they read immediately before July 1, 2016; and

(c) this Regulation requires that a workplace label be affixed to the product or container.

(2) Despite subsection (1), an employer shall replace a WHMIS 1988 workplace label on a hazardous product, or container of a hazardous product, by affixing to the product or container a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product if,

(a) the hazardous product or container was received at a workplace from a supplier on or before August 31, 2018;

(b) the WHMIS 1988 workplace label was affixed to the product or container on or before November 30, 2018; and

(c) the WHMIS 1988 workplace label was affixed because the conditions set out in clause 8 (6) (b) of this Regulation, as it read immediately before July 1, 2016, were met.

(3) In this section,

“WHMIS 1988 workplace label” means a workplace label as defined by this Regulation as it read immediately before July 1, 2016.

6. Section 18 of the Regulation is amended by adding the following subsection:

(1.1) An employer who affixes a label under subsection 8 (8) or (9) or section 13, and who is unable to obtain a supplier safety data sheet for the hazardous product, 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.

7. Section 25.1 of the Regulation is revoked.

Commencement

8. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 7 comes into force on the later of December 1, 2018 and the day this Regulation is filed.

 

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