Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2016-05-12 and last amended on 2015-09-14. Previous Versions

Material Safety Data Sheets and Labels in respect of Certain Controlled Products

  •  (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that

  • (2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

    • (a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and

    • (b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.

  • SOR/88-68, s. 12;
  • SOR/94-263, s. 38;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 20.

Supplier Material Safety Data Sheets

  •  (1) Where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a supplier material safety data sheet in respect of the controlled product, unless the employer is in possession of 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) Where there is a controlled product in a work place and the supplier material safety data sheet in respect of the controlled product is three years old or more, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

  • (3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall 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 on that supplier material safety data sheet.

  • (4) Where a controlled product is received in a work place that is a laboratory, from a supplier who is exempted by the Controlled Products Regulations from the requirement to provide a material safety data sheet for that product, the employer is exempt from the requirements of subsection (1) if the controlled product

    • (a) originates from a laboratory supply house;

    • (b) is intended for use in a laboratory; and

    • (c) is packaged in a container in a quantity of less than 10 kg.

  • SOR/88-68, s. 12;
  • SOR/94-263, s. 39;
  • SOR/96-294, s. 2;
  • SOR/98-427, s. 7.

Work Place Material Safety Data Sheets

  •  (1) Subject to section 10.42, where an employer produces a controlled product, other than a fugitive emission, in the work place or imports into Canada a controlled product and brings it into the work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

  • (2) Subject to section 10.42, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if

    • (a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

    • (b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

    • (c) the supplier material safety data sheet is readily available for examination by employees in the work place; and

    • (d) the work place material safety data sheet discloses that the supplier material safety data sheet is available in the work place.

  • (3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings it into such a work place, a controlled product that is intended for use in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

    • (a) packages the controlled product in containers in quantities of less than 10 kg per container; and

    • (b) subject to section 10.42, discloses on the label of the container of the controlled product the information required to be disclosed by

      • (i) paragraph 125.1(e) of the Act, and

      • (ii) section 10.39.

  • (4) The employer shall update a work place material safety data sheet referred to in subsection (1) or (2) or a label referred to in paragraph (3)(b)

    • (a) as soon as practicable but not later than 90 days after new hazard information becomes available to the employer; and

    • (b) at least once every three years.

  • (5) Where the information required to be disclosed by this section is not available or not applicable to the controlled product, the employer shall replace the information with the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the work place material safety data sheet.

  • SOR/88-68. s. 12;
  • SOR/94-263, s. 40;
  • SOR/96-294, s. 2.

Availability of Material Safety Data Sheets

  •  (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 10.32(4), shall keep readily available for examination by employees and by the work place committee or the health and safety representative in any work place in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

    • (a) in the case of an employer who is an employer referred to in subsection 10.33(1) or (2), the work place material safety data sheet; and

    • (b) in any other case, the supplier material safety data sheet.

  • (2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may keep a computerized version of the material safety data sheet available in English and in French, for examination by employees and by the work place committee or the health and safety representative, by means of a computer terminal, if the employer

    • (a) takes all reasonable steps to maintain the terminal in working order;

    • (b) provides the instruction and training referred to in paragraph 10.14(2)(d) to one or more employees on each shift and to all members of the work place committee or the health and safety representative; and

    • (c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 21.

Labels

  •  (1) Subject to sections 10.37 to 10.39, each controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), in a work place and each container in which the controlled product is contained in a work place shall, if the controlled product or the container is received from a supplier,

    • (a) in the case where the controlled product is in a bulk shipment, be accompanied by a supplier label;

    • (b) in the case where the employer has undertaken in writing to apply a label to the inner container of the controlled product, have applied to it a supplier label, as soon as possible after the controlled product is received from the supplier; and

    • (c) in any other case, have applied to it a supplier label.

  • (2) Subject to sections 10.37 to 10.39 and 10.42, where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the controlled product in the work place in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 10.41(a) to (c).

  • (3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to

    • (a) a controlled product that is in the work place; or

    • (b) the container of a controlled product that is in the work place.

  • SOR/88-68, s. 12;
  • SOR/94-263, s. 41;
  • SOR/96-294, s. 2.
 
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