Canada Occupational Health and Safety Regulations

10.39 (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 10.35 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 at the work place 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 10.35 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 in the work place, the employer is exempt from the requirements set out in section 10.36 and subparagraph 10.37(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 10.35 if a laboratory sample of a hazardous product is received in a work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.