Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Regulations are current to 2021-11-17 and last amended on 2021-07-01. Previous Versions

PART VIIHazardous Substances (continued)

[
  • SOR/88-200, s. 14
  • SOR/2015-143, s. 73(F)
]

DIVISION IIIHazardous Products (continued)

Supplier Safety Data Sheets

  •  (1) If a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received in the work place by an employer, the employer shall, without delay, 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 in a work place is three years old or more, the employer shall, 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 shall 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 becomes available to the employer.

Work Place Safety Data Sheets

  •  (1) Subject to section 7.37, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place 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 the 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; and

    • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

  • (2) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

  • (3) 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 shall, 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.

Availability of Safety Data Sheets

  •  (1) Every employer shall, 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 and by any policy committee, work place committee or health and safety representative.

  • (2) The work place safety data sheet and supplier safety data sheet shall 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.

Labels

  •  (1) Subject to sections 7.33 and 7.34, each hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), in a work place that is intended for use in the work place and each container in which the hazardous product is contained in a work place shall, if the hazardous product or the container was received from a supplier, have applied to it a supplier label.

  • (2) Subject to sections 7.33, 7.34 and 7.37, if a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received from a supplier and an employer places the hazardous product in the work place in a container other than the container in which it was received from the supplier, the employer shall 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 available in the work place.

  • (3) Subject to sections 7.36 and 7.37, no person shall remove, deface, modify or alter the supplier label applied to

    • (a) a hazardous product that is in the work place; or

    • (b) the container of a hazardous product that is in the work place.

  • SOR/88-200, s. 12
  • SOR/95-105, s. 28
  • SOR/2016-141, s. 31

Portable Containers

 Where an employer stores a hazardous product in the work place 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 7.32 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/88-200, s. 12
  • SOR/2016-141, s. 32

Special Cases

 An employer shall, 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 bulk shipment that is not placed in a container at the work place; or

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

  • SOR/88-200, s. 12
  • SOR/2016-141, s. 33

Signs

 The information disclosed on a sign referred to in section 7.34 or paragraph 7.38(b) shall be of such a size that it is clearly legible to the employees in the work place.

  • SOR/88-200, s. 12

Replacing Labels

  •  (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a 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 available in the work place.

  • (2) An employer shall review the accuracy of the information on a work place label and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

Exemptions from Disclosure

  •  (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall 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 on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; 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 is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

  • SOR/88-200, s. 12
  • SOR/95-105, s. 30(F)
  • SOR/2016-141, s. 34

Hazardous Waste

  •  (1) If a hazardous product in the work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product 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.

  • (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

  • SOR/88-200, s. 12
  • SOR/2016-141, s. 34

Information Required in a Medical Emergency

 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

DIVISION IV[Repealed, SOR/95-105, s. 32]

PART VIIISafety Materials, Equipment, Devices and Clothing

 [Repealed, SOR/2015-143, s. 40]

General

 Every person granted access to the work place who is exposed to a health or safety hazard in a work place shall use the protection equipment prescribed by this Part, if

  • (a) it is not feasible to eliminate that hazard or to control it within safe limits, and

  • (b) the use of protection equipment may prevent or reduce injury from that hazard.

 All protection equipment

  • (a) shall be designed to protect the person from the hazard for which it is provided; and

  • (b) shall not in itself create a hazard.

 All protection equipment provided by the employer shall

  • (a) be maintained, inspected and tested by a qualified person; and

  • (b) where necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

 If there is a hazard of head injury in a work place, protective headwear that meets the standards set out in CSA Standard CAN/CSA-Z94.1-05, Industrial Protective Headwear – Performance, Selection, Care, and Use, as amended from time to time, shall be used.

  • SOR/95-105, s. 61(F)
  • SOR/2015-143, s. 41

Protective Footwear

  •  (1) If there is a hazard of foot injury or electric shock through footwear in a work place, protective footwear that meets either the standards set out in CSA Standard CAN/CSA-Z195-09, Protective Footwear, as amended from time to time, or the standards set out in the American Society for Testing and Materials publication F2413-05, entitled Standard Specification for Performance Requirements for Foot Protection, dated 2005, shall be used.

  • (2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used.

  • SOR/95-105, s. 61(F)
  • SOR/2015-143, s. 42

Eye and Face Protection

 If there is a hazard of injury to the eyes or face of an employee in a work place, the employer shall provide the employee with an eye or face protector that meets the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time.

  • SOR/95-105, s. 34
  • SOR/2015-143, s. 43

Respiratory Protection

  •  (1) If there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, or, if there is a hazard of an airborne hazardous substance in a work place and a person’s presence is determined by a qualified person to be necessary for medical treatment to be provided, under supervision from a health care practitioner as defined in section 166 of the Canada Labour Code, at the work place, the employer may provide a respiratory protective device that is a COVID-19 medical device authorized for sale by the Minister of Health under the Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 made on March 1, 2021 and published in the Canada Gazette, Part I on March 20, 2021.

  • (2) The respiratory protective device shall be selected, fitted, used and maintained in accordance with the standards set out in CSA Standard CAN/CSA-Z94.4-11, Selection, Use, and Care of Respirators, as amended from time to time.

  • (3) If air is provided by means of a respiratory protective device, the air shall meet the standards set out in CSA Standard CAN/CSA-Z180.1-13, Compressed Breathing Air and Systems, as amended from time to time.

 [Repealed, SOR/2015-143, s. 43]

Skin Protection

 Where there is a hazard of injury or disease to or through the skin of a person in a work place, the employer shall provide every person granted access to the work place with

  • (a) a shield or screen;

  • (b) a cream to protect the skin; or

  • (c) an appropriate body covering.

  • SOR/95-105, s. 37
  • SOR/2015-143, s. 44(F)

Loose Clothing

 Loose clothing, long hair, dangling accessories, jewellery or other similar items that may be hazardous to the health or safety of an employee in a work place shall not be worn unless they are tied, covered or otherwise secured as to prevent the hazard.

 
Date modified: