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

Regulations are current to 2022-06-20 and last amended on 2022-05-02. Previous Versions

PART 20Hazardous Substances (continued)

DIVISION 3Hazardous Products (continued)

[
  • SOR/2016-141, s. 68
]

Availability of Safety Data Sheets

  •  (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

  •  (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.

  • SOR/2016-141, s. 61

Portable Containers

 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.

  • SOR/2016-141, ss. 62(F), 68

Special Cases

 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.

  • SOR/2016-141, s. 63

Laboratories

  •  (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.

Signs

 The information disclosed on a sign referred to in subsection 265(3), section 267 or paragraph 272(b) must be of a size that is clearly legible to the employees in the work place.

Replacing Labels

  •  (1) If, on board a vessel, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer must replace the label with a 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 available on board the vessel.

  • (2) An employer must review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

[
  • SOR/2016-141, s. 66(F)
]
  •  (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer must disclose, in place of the information that the employer is exempt from disclosing,

    • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

    • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

  • (2) If a claim for exemption is in respect of a product identifier, the employer must, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

  • SOR/2016-141, s. 67

Hazardous Waste

  •  (1) If a hazardous product on board a vessel is hazardous waste, the employer must disclose the generic name and hazard information in respect of the hazardous product by

    • (a) applying a label to the hazardous waste or its container; or

    • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

  • (2) The employer must provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Information Required in a Medical Emergency

 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

PART 21Hazardous Occurrence Recording and Reporting

Interpretation

 In this Part, minor injury means an employment injury or an occupational disease for which first aid or medical treatment is provided, other than a disabling injury.

Application

 This Part does not apply in respect of occurrences of harassment and violence in the work place.

Employee Report

 If an employee becomes aware of an accident or other hazardous occurrence arising in the course of or in connection with their work that has caused or is likely to cause injury to that employee or to any other person, the employee must, without delay, report the accident or occurrence to the employer.

Investigation

 If an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of their employees in the course of employment, the employer must, without delay,

  • (a) appoint a qualified person to conduct an investigation of the hazardous occurrence;

  • (b) notify the work place committee or the health and safety representative, as the case may be, of the hazardous occurrence and of the name of the person appointed to investigate it; and

  • (c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Immediate Report to Head of Compliance and Enforcement

[
  • SOR/2014-148, s. 32
  • SOR/2021-118, s. 11
]

 The employer must report to the Head of Compliance and Enforcement the date, time, location and nature of any accident, occupational disease or other hazardous occurrence that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

  • (a) the death of an employee;

  • (b) a missing employee;

  • (c) a disabling injury to two or more employees;

  • (d) an employee’s loss of consciousness as a result of an electric shock, a toxic atmosphere or an oxygen deficient atmosphere;

  • (e) an employee’s loss of a body member or a part of one or the complete loss of the usefulness of a body member or a part of one;

  • (f) the permanent impairment of an employee’s body function;

  • (g) a fire or an explosion;

  • (h) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

  • (i) damage to a persons transfer apparatus that renders it unserviceable, or a free fall of a persons transfer apparatus.

  • (j) [Repealed, SOR/2020-130, s. 52]

Minor Injury Record

  •  (1) Every employer must keep a record of each minor injury of which the employer is aware that is sustained by an employee in the course of employment.

  • (2) The record must contain

    • (a) the date, time and location of the occurrence that resulted in the minor injury;

    • (b) the name of the employee affected;

    • (c) a brief description of the minor injury;

    • (d) the causes of the minor injury; and

    • (e) a description of the first aid or medical treatment given to the employee, if applicable.

 
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