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

Regulations are current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

Availability of Safety Data Sheets

  •  (1) Every employer must keep and make readily available for examination on board a vessel on which an employee is likely to handle or be exposed to a hazardous product a copy, in English and in French, of

    • (a) in the case of an employer referred to in subsection 263(1) or (2), the work place safety data sheet; and

    • (b) in any other case, the supplier safety data sheet.

  • (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

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 on board a vessel 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 on board a vessel from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.

  • SOR/2016-141, s. 64
 
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