Maritime Occupational Health and Safety Regulations (SOR/2010-120)

DIVISION 3Hazardous Products

Interpretation

259 The following definitions apply in this Division.

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

container

container means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum and storage tank. (contenant)

fugitive emission

fugitive emission means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place. (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

laboratory sample

laboratory sample has the same meaning as in subsection 5(1) of the Hazardous Products Regulations. (échantillon pour laboratoire)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 263(1) or (2). (fiche de données de sécurité du lieu de travail)

Application

• 260 (1) This Division does not apply in respect of any

  • (a) employee employed in the loading or unloading of a vessel not registered in Canada, other than an employee employed on an uncommissioned vessel of Her Majesty in right of Canada;

  • (b) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

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

  • (d) wood or a product made of wood.

• (2) This Division, other than section 272, does not apply in respect of hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous 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 hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product

• (a) is present on board a vessel;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,

  • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

Supplier Safety Data Sheets

• 262 (1) If a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received by an employer on board a vessel, the employer must, at the time the hazardous product is received, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

  • (b) discloses information that is current at the time that the hazardous product is received; and

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (2) If the supplier safety data sheet in respect of a hazardous product on board a vessel is three years old or more, the employer must, if feasible, obtain from the supplier a current supplier safety data sheet.

• (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer must update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that the employer is aware.

• (4) The employer is exempt from the requirements of subsection (1) if a laboratory sample of a hazardous product is received on board a vessel from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a safety data sheet for that product.

Work Place Safety Data Sheets

• 263 (1) Subject to section 271, if an employer produces on board a vessel a hazardous product other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, the employer must prepare a work place safety data sheet in respect of the hazardous product.

• (2) Subject to section 271, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board a vessel in place of the supplier safety data sheet if

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

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

  • (c) the supplier safety data sheet is readily available for examination by employees on board the vessel in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

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

• (3) An employer must review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

• (4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer must, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

Availability of Safety Data Sheets

• 264 (1) Every employer must, in any work place in which an employee is likely to handle or be exposed to a hazardous product, keep readily available a copy of the work place safety data sheet or the supplier safety data sheet, as the case may be, in English and in French for examination by employees.

• (2) The work place safety data sheet and supplier safety data sheet must be made available in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Labels

• 265 (1) Subject to sections 266 to 268, each hazardous product, other than a hazardous product referred to in paragraph 261(c), that is on board a vessel and is intended for use on that vessel and each container in which the hazardous product is contained on board a vessel must, if the hazardous product or the container is received from a supplier, have applied to it a supplier label.

• (2) Subject to sections 266 to 268 and 271, if a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received from a supplier and an employer places the hazardous product on board a vessel in a container other than the container in which it was received from the supplier, the employer must apply to the container a supplier label or work place label that discloses the following information:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a safety data sheet for the hazardous product is on board the vessel.

• (3) Subject to sections 266 to 268, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and the hazardous product is not in a container, the employer must disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

  • (a) the product identifier;

  • (b) the hazard information in respect of the hazardous product; and

  • (c) a statement indicating that a work place safety data sheet for the hazardous product is on board the vessel.

• (4) Subject to sections 266 to 268, if an employer produces on board a vessel a hazardous product, other than a fugitive emission, and places the hazardous product in a container, the employer must apply a work place label to the container that discloses the information referred to in paragraphs (3)(a) to (c).

• (5) Subject to sections 270 and 271, a person must not remove, deface, modify or alter the supplier label applied to

  • (a) a hazardous product that is on board a vessel; or

  • (b) the container of a hazardous product that is on board a vessel.

Portable Containers

266 If an employer stores a hazardous product on a vessel in a container that has applied to it a supplier label or a work place label, a portable container filled from that container does not have to be labelled in accordance with section 265 if

• (a) the hazardous product is required for immediate use; or

• (b) the following conditions apply in respect of the hazardous product:

  • (i) it is under the control of and used exclusively by the employee who filled the portable container,

  • (ii) it is used only during the work shift in which the portable container was filled, and

  • (iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

Special Cases

267 An employer must, in a conspicuous place near a hazardous product, post a sign in respect of the hazardous product that discloses the product identifier if the hazardous product is

• (a) in a process, reaction or storage vessel;

• (b) in a continuous-run container;

• (c) a bulk shipment that is not placed in a container on the vessel; or

• (d) not in a container and stored in bulk.

Laboratories

• 268 (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(5) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(d) of those Regulations is considered to comply with the requirements set out in section 265 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material that is in the hazardous product and that is classified under the Hazardous Products Act and the Hazardous Products Regulations as a biohazardous infectious material; and

  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

• (2) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(6) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(c) or (d) of those Regulations is considered to comply with the requirements set out in section 265 with respect to a supplier label:

  • (a) if known by the supplier, the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1 to the Hazardous Products Regulations; and

  • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

• (3) If a hazardous product is in a container other than the container in which it was received from a supplier or is produced on board a vessel, the employer is exempt from the requirements set out in section 265 and subparagraph 266(b)(iii) if

  • (a) the employer has complied with subsection (4);

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

  • (c) the hazardous product

    • (i) is a laboratory sample,

    • (ii) is intended by the employer to be used 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.

• (4) For the purposes of paragraph (3)(a), the employer shall ensure that the mode of identification used and the employee education and training provided enable the employees to readily identify and obtain either the information required on a safety data sheet or the information set out in subsections (1) and (2) with respect to the hazardous product or laboratory sample.

• (5) The employer is exempt from the requirements of section 265 if a laboratory sample of a hazardous product is received at the work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.