Canada Occupational Health and Safety Regulations

Version of section 10.39 from 2006-03-22 to 2016-06-13:

  •  (1) Subject to subsection (2), the label of the container of a controlled product in a laboratory shall disclose

    • (a) where the controlled product is used exclusively in the laboratory, the product identifier;

    • (b) where the controlled product is a mixture or substance intended solely for analysis, testing or evaluation for research and development, the product identifier; and

    • (c) where the controlled product originates from a laboratory supply house and is received in a container in a quantity of less than 10 kg, the following information:

      • (i) the product identifier,

      • (ii) where a material safety data sheet is available, a statement to that effect,

      • (iii) risk phrases that are appropriate to the controlled product,

      • (iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

      • (v) where appropriate, first aid measures to be taken in case of exposure to the controlled product.

  • (2) No supplier label is required on a sample of a product received from a supplier that is, or the employer has reason to believe may be, a controlled product, if

    • (a) the controlled product is

      • (i) in a container in a quantity of less than 10 kg,

      • (ii) intended by the employer for use solely for analysis, testing or evaluation in a laboratory, and

      • (iii) one in respect of which the supplier is exempted by section 9 of the Controlled Products Regulations from the requirement to provide a material safety data sheet; and

    • (b) the supplier provides a label that is to be affixed to the container of the controlled product disclosing the information described in subsection (3).

  • (3) A label referred to in paragraph (2)(b) shall disclose, in respect of the controlled product,

    • (a) the product identifier;

    • (b) the chemical identity or generic chemical identity of every ingredient of the controlled product referred to in any of subparagraphs 13(a)(i) to (iv) of the Hazardous Products Act, if known to the supplier;

    • (c) the supplier identity;

    • (d) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call (number disclosed pursuant to paragraph (e))/Échantillon pour laboratoire d’un produit dangereux. Pour obtenir des renseignements sur les risques ou en cas d’urgence, composer (le numéro indiqué conformément à l’alinéa e))”; and

    • (e) an emergency telephone number of the supplier that enables

      • (i) a user of the controlled product to obtain the hazard information in respect of the controlled product, and

      • (ii) a medical professional to obtain the information in respect of the controlled product that is referred to in paragraph 13(a) of the Hazardous Products Act.

  • (4) Where a controlled product is in a container other than the container in which it was received from a supplier, or is produced in the work place, the employer is exempt from the requirements of section 10.36 and subparagraph 10.37(b)(iii) if

    • (a) the employer has complied with subsection (5);

    • (b) employee education is provided as required by these Regulations; and

    • (c) the controlled product

      • (i) originates from a laboratory supply house or is a laboratory sample,

      • (ii) is intended by the employer solely for analysis, testing or evaluation in a laboratory, and

      • (iii) is clearly identified through any mode of identification visible to employees at the work place.

  • (5) For the purposes of paragraph (4)(a), the employer shall ensure that the mode of identification used and the employee education enable the employees to readily identify and obtain either the information required on a material safety data sheet or the information referred to in subsection (3) with respect to the controlled product or laboratory sample.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/98-427, s. 8.
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