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PART 10Hazardous Substances (continued)

DIVISION 3Controlled Products (continued)

Application

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

    • (a) wood or product made of wood;

    • (b) tobacco or product made of tobacco; or

    • (c) manufactured article.

  • (2) This Division, other than section 157, does not apply in respect of hazardous waste.

Material Safety Data Sheets and Labels in Respect of Certain Controlled Products

 Subject to section 156, every employer must adopt and implement the provisions of sections 141 and 142 in respect of a controlled product and may, in so doing, replace the name of the substance with the product identifier, when the controlled product is a controlled product that

Supplier Material Safety Data Sheets

  •  (1) If a controlled product, other than a controlled product referred to in paragraph 145(c), is received by an employer, the employer must, at the time the controlled product is received in the workplace, obtain from the supplier of the controlled product a supplier material safety data sheet, unless the employer has in the employer’s possession a supplier material safety data sheet that

    • (a) is for a controlled product that has the same product identifier;

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

    • (c) was prepared and dated not more than three years before the date that the controlled product is received.

  • (2) If there is a controlled product in a workplace and the supplier material safety data sheet pertaining to the controlled product is three years old, the employer must, if reasonably practicable, obtain from the supplier an up-to-date supplier material safety data sheet.

  • (3) If it is not reasonably practicable for an employer to obtain an up-to-date supplier material safety data sheet referred to in subsection (2), the employer must update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed in that supplier material safety data sheet.

  • (4) If a controlled product is received in a workplace that is a laboratory, the employer is excepted from the requirements of subsection (1) if the controlled product

    • (a) originates from a laboratory supply house;

    • (b) is intended for use in a laboratory;

    • (c) is packaged in a container in a quantity of less than 10 kg; and

    • (d) is packaged in a container that has applied to it a supplier label.

Workplace Material Safety Data Sheets

  •  (1) Subject to section 156, if an employer produces a controlled product, other than a fugitive emission, in a workplace or imports into Canada a controlled product and brings it into a workplace, the employer must prepare a workplace material safety data sheet in respect of the controlled product that discloses the information required to be disclosed under subparagraphs 210.022(e)(i) to (iv) of the Act.

  • (2) Subject to section 156, if an employer receives a supplier material safety data sheet, the employer may prepare a workplace material safety data sheet to be used in the workplace in place of the supplier material safety data sheet if

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

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

    • (c) the supplier material safety data sheet is available for examination by employees in the workplace; and

    • (d) the workplace material safety data sheet discloses that the supplier material safety data sheet is available in the workplace.

  • (3) If an employer produces, in a workplace that is a laboratory supply house, or imports into Canada and brings into such a workplace, a controlled product that is intended to be used in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

    • (a) packages the controlled product in containers in quantities of less than 10 kg per container; and

    • (b) subject to section 156, discloses on the label of the container of the controlled product the information required to be disclosed under section 153.

  • (4) The employer must update the workplace material safety data sheet referred to in subsection (1) or (2) or the label referred to in paragraph (3)(b)

    • (a) as soon as reasonably practicable in the circumstances but not later than 90 days after new hazard information becomes available to the employer; and

    • (b) at least every three years.

  • (5) If the information required to be disclosed under this section is not available to the employer or not applicable to the controlled product, the employer must replace the information by 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 material safety data sheet.

Availability of Material Safety Data Sheets

  •  (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 146(4), must keep readily available for examination by employees and by the committeeor the coordinator, in any workplace in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

    • (a) in the case of an employer who is an employer referred to in subsection 147(1) or (2), the workplace material safety data sheet; and

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

  • (2) In place of keeping a material safety data sheet in the manner required under subsection (1), an employer may make a computerized version of the material safety data sheet available in English and in French for examination by employees and by the committee or the coordinator by means of a computer if the employer

    • (a) takes all reasonable steps to keep the computer in working order;

    • (b) provides the training referred to in paragraph 132(2)(d) to the employees and to the committee or to the coordinator; and

    • (c) on the request of an employee or the committee or the coordinator, makes the material safety data sheet readily available to the employee or the committee.

Labels

  •  (1) Subject to sections 151 to 153, each controlled product, other than a controlled product referred to in paragraph 145(c), in a workplace and each container in which such a controlled product is contained in a workplace must, if the controlled product or the container was received from a supplier,

    • (a) in the case of a controlled product that was received in a bulk shipment, be accompanied by a supplier label;

    • (b) in the case of an employer who has undertaken in writing to the supplier to apply a label to the inner container of the controlled product, have applied

      • (i) to the outer container a supplier label, and

      • (ii) as soon as reasonably practicable after the controlled product is received from the supplier, to the inner container a supplier label; and

    • (c) in any other case, have applied to it a supplier label.

  • (2) Subject to sections 151 to 153 and 156, when a controlled product, other than a controlled product referred to in paragraph 145(c), is received from a supplier and an employer places the controlled product in the workplace 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 a workplace label that discloses the information referred to in paragraphs 150(1)(a) to (c).

  • (3) Subject to sections 155 and 156, a person must not remove, deface, modify or alter the supplier label applied to

    • (a) a controlled product that is in the workplace; or

    • (b) a container of a controlled product that is in the workplace.

 
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