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

Regulations are current to 2019-08-15 and last amended on 2018-05-23. Previous Versions

  •  (1) Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on a vessel must be labelled in a manner that discloses clearly

    • (a) the name of the substance;

    • (b) the hazardous properties of the substance; and

    • (c) the manner in which the product can be safely disposed of.

  • (2) If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used on board a vessel may be obtained from the supplier of the hazardous substance, the employer must

    • (a) obtain a copy of the safety data sheet; and

    • (b) make the copy of the safety data sheet readily available for examination by employees 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, ss. 59, 68

DIVISION 3Hazardous Products

[SOR/2016-141, s. 68]

Interpretation

 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)

  • SOR/2016-141, s. 60

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)
 
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