Aviation Occupational Health and Safety Regulations

5.24 (1) Subsections (2) to (4) do not apply to a controlled product that is

• (a) an explosive within the meaning of section 2 of the Explosives Act;

• (b) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act;

• (c) a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act;

• (d) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive; or

• (e) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) If a controlled product is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a material safety data sheet, prepared by a supplier under the Hazardous Products Act in respect of the controlled product, unless the employer is already in possession of 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 day on which the controlled product is received.

(3) If there is a controlled product on board an aircraft for which the supplier material safety data sheet is three years old or more, the employer shall, if practicable, obtain from the supplier an up-to-date supplier material safety data sheet.

(4) If it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall 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 on it.