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PART 10Hazardous Substances (continued)

DIVISION 3Controlled Products (continued)

Labels (continued)

  •  (1) Subject to section 152, 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, and the controlled product is not in a container, the employer must disclose the following information on a workplace label applied to the controlled product or on a sign posted in a conspicuous place in the workplace:

    • (a) the product identifier;

    • (b) hazard information in respect of the controlled product; and

    • (c) a statement indicating that a workplace material safety data sheet for the controlled product is available in the workplace.

  • (2) Subject to sections 151 to 153, when 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, and places the controlled product in a container, the employer must apply to the container a workplace label that discloses the information referred to in paragraphs (1)(a) to (c).

  • (3) Subsection (2) does not apply in respect of a controlled product that is

    • (a) intended for export; or

    • (b) packaged in a container for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

Portable Containers

 If an employer stores a controlled product in the workplace in a container that has applied to it a supplier label or a workplace label, a portable container filled from that container does not have to be labelled in accordance with section 149 or 150 if

  • (a) the controlled product is required for immediate use; or

  • (b) the following conditions apply in respect of the controlled 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 workplace label applied to the portable container that discloses the product identifier.

Special Cases

 An employer must, in a conspicuous place near a controlled product, post a sign in respect of the controlled product that discloses the product identifier if the controlled 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 at the workplace; or

  • (d) not in a container and stored in bulk.

Laboratories

 The label of the container of a controlled product in a laboratory must disclose

  • (a) if the controlled product is used exclusively in the laboratory, the product identifier;

  • (b) if the controlled product is a mixture or substance undergoing an analysis, test or evaluation in the laboratory, the product identifier; and

  • (c) if the controlled product originates from a laboratory supply house and was received in a container containing a quantity of less than 10 kg, the following information:

    • (i) the product identifier,

    • (ii) if a material safety data sheet is available, a statement to that effect,

    • (iii) risk phrases that are appropriate to the controlled product,

    • (iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and

    • (v) if appropriate, first aid measures to be taken in case of exposure to the controlled product.

Signs

 The information disclosed on a sign referred to in subsection 150(1), section 152 or paragraph 157(b) must be of such a size that it is clearly legible to the employees in the workplace.

Replacing Labels

 If, in a workplace, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer must replace the label with a workplace label that discloses the following information:

  • (a) the product identifier;

  • (b) hazard information in respect of the controlled product; and

  • (c) a statement indicating that a material safety data sheet for the controlled product is available in the workplace.

Exemptions from Disclosure

  •  (1) Subject to subsection (2), if an employer has filed a claim under subsection 11(2) of the Hazardous Materials Information Review Act for exemption from the requirement to disclose information on a material safety data sheet or on a label, 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 that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act; 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 referred to in subsection (1) is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer must, on the material safety data sheet or label of the controlled product, replace that information with a code name or code number specified by the employer as the product identifier for that controlled product.

Hazardous Waste

 If a controlled product in the workplace is hazardous waste, the employer must clearly identify it as hazardous waste 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.

Information Required in a Medical Emergency

 For the purposes of subsection 210.023 of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province or a medic.

PART 11Confined Spaces

Interpretation

 In this Part, confined space means a storage tank, process vessel, ballast tank or other enclosure not designed or intended for human occupancy, except for the purpose of performing work,

  • (a) that has poor ventilation;

  • (b) in which there may be an oxygen-deficient atmosphere; or

  • (c) in which there may be an airborne hazardous substance. (espace clos)

General

  •  (1) If a person is about to enter into a confined space, the employer must appoint a qualified person to verify by tests that

    • (a) the concentration of any chemical agent in the confined space to which the person is likely to be exposed does not exceed the value referred to in subsection 135(1), and does not exceed the percentage referred to in section 136.

    • (b) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person;

    • (c) the percentage of oxygen in the atmosphere in the confined space is not less than 18% by volume and not more than 23% by volume at normal atmospheric pressure and the partial pressure of oxygen is not less than 135 mm Hg in any case;

    • (d) the level or percentage referred to in paragraphs (a) to (c) can be maintained during the period of proposed occupancy of the confined space by the person;

    • (e) any liquid in which a person may drown or any free-flowing solid in which a person may become entrapped has been removed to the extent that is reasonably practicable from the confined space;

    • (f) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or the fitting of blank flanges;

    • (g) all electrical and mechanical equipment that presents a hazard to a person entering into, exiting from or occupying the confined space has been disconnected from its power source and locked out; and

    • (h) the opening for entry into and exit from the confined space is sufficient in size to allow safe passage of a person who is using protection equipment.

  • (2) The qualified person referred to in subsection (1) must, in a written report signed by the qualified person,

    • (a) set out

      • (i) the location of the confined space,

      • (ii) a record of the results of the tests made in accordance with subsection (1), and

      • (iii) an evaluation of the hazards of the confined space;

    • (b) if the employer has established procedures to be followed by a person entering into, exiting from or occupying the confined space, identify which of those procedures are to be followed;

    • (c) if the employer has not established procedures referred to in paragraph (b), set out the procedures to be followed by a person referred to in that paragraph;

    • (d) identify the protection equipment referred to in Part 8 that is to be used by every person granted access to the confined space;

    • (e) identify which of the procedures are to be followed if the employer has established emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including immediate evacuation of the confined space when

      • (i) an alarm is activated, or

      • (ii) there is any significant change in the value, level or percentage referred to in subsection (1);

    • (f) if the employer has not established emergency procedures referred to in paragraph (e), set out emergency procedures to be followed, including immediate evacuation of the confined space in the circumstances referred to in that paragraph; and

    • (g) specify the protection equipment, emergency equipment and any additional equipment to be used by an employee who undertakes rescue operations in the event of an accident or other emergency.

  • (3) The employer must provide to each person granted access to the confined space the protection equipment referred to in subsection (2).

  • (4) The written report referred to in subsection (2) and any procedures identified in the report must be explained to an employee who is about to enter into the confined space, other than the qualified person referred to in subsection (1), and the employee must acknowledge by signing a dated copy of the report that the employee has read the report and that the report and the procedures were explained to the employee.

  • (5) The employee referred to in subsection (4) must be instructed and trained in the procedures and in the use of the protection equipment referred to in subsection (2).

  • (6) Every employee who enters into, exits from or occupies the confined space must follow the procedures and use the protection equipment referred to in subsection (2).

 
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