Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

Marginal note:Hazardous products — labelling

• 159 (1) Paragraph 205.022(d) of the Act does not apply in respect of

  • (a) a manufactured article, as defined in section 2 of the Hazardous Products Act;

  • (b) wood or any product made of wood;

  • (c) hazardous waste — or the container that contains it — if a sign that clearly and legibly sets out the product identifier and up-to-date hazard information in respect of the waste is posted in a conspicuous place near it;

  • (d) a portable container containing a hazardous product that is filled from a container that is labelled in accordance with the Act and these Regulations if

    • (i) the hazardous product is to be used immediately, or

    • (ii) the hazardous product is to be used only during the work shift in which the portable container is filled, it remains under the control of the employee who filled the portable container and is used only by them and the portable container has applied to it a label that sets out the product identifier for the product;

  • (e) a laboratory sample, as defined in subsection 5(1) of the Hazardous Products Regulations, that is not in a container received from the supplier, as defined in section 2 of the Hazardous Products Act, if the hazardous product in question is identified with sufficient clarity to permit employees to obtain hazard information in respect of it;

  • (f) a hazardous product that the employer intends to export — or the container that contains it — if a sign that clearly and legibly discloses the following information is posted in a conspicuous place near the product:

    • (i) the product identifier for the hazardous product,

    • (ii) up-to-date hazard information in respect of the hazardous product, and

    • (iii) the fact that a document referred to in paragraph 205.022(e) of the Act or paragraph 160(1)(c) in respect of the hazardous product is available at the workplace;

  • (g) any of the following hazardous products, if a sign that clearly and legibly discloses the product identifier is posted in a conspicuous place near the product:

    • (i) a fugitive emission produced at the workplace,

    • (ii) a hazardous product in a process or reaction vessel,

    • (iii) a hazardous product in a pipe or piping system, or

    • (iv) a bulk shipment, as defined in subsection 5.5(1) of the Hazardous Products Regulations, that has been received at the workplace and has not been transferred to a container; or

  • (h) any other hazardous product that is not in a container, if a sign that clearly and legibly discloses the information referred to in subparagraphs (f)(i) to (iii) is posted in a conspicuous place near the product.

• Marginal note:Requirements

  (2) For the purpose of paragraph 205.022(d) of the Act, the information that each label must disclose is the information that is required to be disclosed on a label under the Hazardous Products Regulations and the hazard symbols that the label must have displayed on it — and the manner of displaying those symbols — are those required by those Regulations.

• Marginal note:Exceptions

  (3) Despite subsection (2), the label need only set out

  • (a) the product identifier and up-to-date hazard information in respect of hazardous waste or the container that contains it;

  • (b) the information referred to in subparagraphs (1)(f)(i) to (iii) in respect of

    • (i) a hazardous product that is produced at the workplace or the container that contains it, or

    • (ii) a container that is not received from a supplier, as defined in section 2 of the Hazardous Products Act, or the hazardous product that it contains

    • (iii) a hazardous product or container that was previously labelled in accordance with subsection (2) if that label became illegible or was lost, or

    • (iv) a hazardous product or container for which the employer is actively seeking a label that conforms to subsection (2); or

  • (c) the information referred to in subparagraphs (1)(f)(i) and (ii) in respect of

    • (i) a product listed in Schedule 1 to the Hazardous Products Act or the container that contains it, or

    • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, or the container that contains it.