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

Regulations are current to 2019-11-19 and last amended on 2019-06-25. Previous Versions

PART 20Hazardous Substances (continued)

DIVISION 3Hazardous Products (continued)

[SOR/2016-141, s. 68]

Application

  •  (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.

  • SOR/2016-141, s. 61
  • 2018, c. 9, s. 77

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

 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

  • SOR/2016-141, s. 61

Supplier Safety Data Sheets

  •  (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.

  • SOR/2016-141, s. 61
  • SOR/2019-246, s. 342

Work Place Safety Data Sheets

  •  (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.

  • SOR/2016-141, s. 61
  • SOR/2019-246, s. 343(E)

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.

  • SOR/2016-141, s. 61
  • SOR/2019-246, s. 344

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
 
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