260. This Division does not apply in respect of any
(a) employees employed in the loading or unloading of vessels not registered in Canada, other than employees employed on uncommissioned vessels of Her Majesty in right of Canada;
(b) wood or wood products;
(c) tobacco or tobacco products;
(d) manufactured articles; or
(e) hazardous waste, other than hazardous waste referred to in section 272.
Material Safety Data Sheets and Labels in Respect of Certain Controlled 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 controlled product and may, in doing so, replace the name of the substance with the product identifier, if the controlled product is one that
(a) is present on a vessel;
(b) was received from a supplier; and
(c) is one of the following:
(i) an explosive as defined in the Explosives Act,
(ii) a cosmetic, device, drug or food as defined in the Food and Drugs Act,
(iii) a pest control product within the meaning of the Pest Control Products Act,
(iv) a nuclear substance within the meaning of the Nuclear Safety and Control Act that is radioactive,
(v) a restricted product within the meaning of the Hazardous Products Act that is packaged as a consumer product, and
(vi) a controlled product that was received in a foreign port from a supplier in a foreign country for use on the vessel.
Supplier Material Safety Data Sheet
262. (1) If a controlled product, other than a controlled product referred to in paragraph 261(c), is received by an employer on a vessel, the employer must, at the time the controlled product is received, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in their possession a supplier material safety data sheet that
(a) is for a controlled product that has the same product identifier;
(b) discloses information that is current at the time that the controlled product is received; and
(c) was prepared and dated not more than three years before the date that the controlled product is received.
(2) If there is a controlled product on a vessel and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer must, if possible, obtain from the supplier an up-to-date supplier material safety data sheet.
(3) If it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer must update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet.
(4) If a controlled product is received in a work place that is a laboratory on a vessel, the employer is excepted from the requirements of subsection (1) if the controlled product
(a) originates from a laboratory supply house;
(b) is intended for use in the laboratory;
(c) is packaged in a container in a quantity of less than 10 kg; and
(d) is packaged in a container that has applied to it a supplier label.
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