ICC's Regulatory Helpdesk
Regulatory Helpdesk: April 23

Using absorbents with variation packaging, UN marking height, limited quantity, and de minimis quantities

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Absorbent Materials in Variation Packaging

Q. Can I use absorbent padding instead of the vermiculite as the absorbent in a 4GV package that was tested with vermiculite?
A. Per the 49 CFR §178.601, the packaging must meet the standard to which it is certified and the material must be of the same type or design as used in the tested design type, in this case vermiculite. Therefore vermiculite would have to be used to comply with the regulations.

UN Number Height

Q. Is there a minimum size requirement for the UN number on a lithium battery mark?
A. The only place that a specific size requirement is referenced regarding the UN number on a lithium battery mark is in the IATA DGR – §7.1.5.5.2(b)- which states that the UN number “should be” at least 12 mm high.

None of the other common (49 CFR §173.185(c)(3)(i); IMDG §5.2.1.10; TDG §4.24; or UN Model §5.2.1.9) regulations quote a minimum UN number size specifically for the lithium battery mark. All of the regulations referenced allow for proportional reduction, of features without specified dimensions, when the authorized Continue Reading…

Countdown to WHMIS 2015 Deadline: Training Requirements

WHMIS 2015 update man working at oil refinery

WHMIS 2015 Training Requirements

Next in our WHMIS 2015 countdown series, we will discuss training requirements under the new regulation.

With the WHMIS deadline fast approaching and workplaces updating their labels and safety data sheets, one must not forget that employees will need to understand what the changes all mean.

In Canada, if a workplace uses hazardous products, then the worker must be educated and trained on the hazards of those products. This would apply to workers who are exposed to the products during their day to day work routine, anyone who stores, handles or disposes of hazardous products, supervisors or managers who meet the above criteria, and anyone involved with emergency response.

Education vs Training

What is the difference between education and training? Let’s look at the definitions, courtesy of CCOHS:

Education
Refers to general or portable information such as how WHMIS works and the hazards of the products. For example, you will learn about the hazard classes (e.g., why a product is called a corrosive, and what information you can find on labels and SDSs).
Training
Refers to the site- and job-specific information to employees that will cover your workplace’s procedures for storage, handling, use, disposal, emergencies, spills, and what to do in unusual situations.

Suggested topics for education and training include:

  • Information on the supplier label, such as the signal word, hazard and precautionary phrases and pictograms; what do they mean?
  • Information on the workplace Continue Reading…
WHMIS Logo
Countdown to WHMIS 2015 Deadlines

WHMIS Update

Compliance Dates are Right Around the Corner

Are you truly ready? There is only a month left until the WHMIS 2015 deadline for Manufacturer’s and Importers to comply with the new requirements. Distributors have just a bit longer with a compliance date of August 31, 2018.

Phase Timing Suppliers Employer*
Manufacturers and Importers Distributors
Phase 1 From February 11, 2015 to May 31, 2018 WHMIS 1988 or WHMIS 2015 WHMIS 1988 or WHMIS 2015 Consult F/P/T regulator
Phase 2 From June 1, 2018 to August 31, 2018 WHMIS 2015 WHMIS 1988 or WHMIS 2015 WHMIS 1988 or WHMIS 2015
Phase 3 From September 1, 2018 to November 30, 2018 WHMIS 2015 WHMIS 2015 WHMIS 1988 or WHMIS 2015
Completion December 1, 2018 WHMIS 2015 WHMIS 2015 WHMIS 2015
* Consult appropriate FPT OHS regulator to confirm requirements and transition timing.

The Hazardous Products Regulations (HPR) were published in the Canada Gazette on February 11, 2015. This amendment aligned the HPR with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The GHS system, which is being implemented around the world effects the classification, labeling, safety data sheets and worker education and training.

The HPR set out specific classification criteria. If a product meets the definition of a hazardous product, then the workplace is covered by the WHMIS regulations and a WHMIS program must be in place.

Hopefully by now, you are well under way to ensure compliance with the deadline. ICC Compliance Center’s checklist is a useful tool to make sure you have all of Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: April 16

WHMIS 2015 concentration ranges, training, overpacks, segregation and non-DG in DG packaging

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

New WHMIS 2015 Concentration Ranges

Q. There is a very specific list of approved concentration ranges listed in the CA regulations.  We had previously set up our ranges to be .1-10%, 10-20%, 20-30%, etc. (groupings of 10) and always included the “trade secret” caveat after our concentration list. Would this still be considered “compliant” for Canada, meaning using our ranges vs. their list of ranges?
A. There is a Regulatory Impact Assessment file that was sent out to stakeholders by Health Canada a couple days before the new amendment appeared in the Gazette II.

Under the comments received section of that file was the following:

Use of the prescribed ranges

One stakeholder agreed with the proposed amendment as it read in the context of the CGI publications, but asked for the following clarification: can smaller ranges be used if they (1) fall within an existing range, e.g. using 3.8-4.5% rather than 3-5% (as listed), or (2) when combining up to three prescribed ranges, e.g. combining ranges (e), (f), and (g) would be 5-30% but using 6-28% instead. Health Canada clarified that the prescribed concentration ranges are Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: April 2

How to determine if a product is regulated, SAPT on a SDS, Shipping a drone, and using a UN package

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Is my product regulated?

Q. I have 2 products I distribute to various stores to sell. The SDS files say my product is not regulated under DOT and TDG in Section 14. Since this is sold as a consumer product, doesn’t that mean it is regulated for IATA should I ship it via air? (the SDS were emailed to me)
A. Nothing in your SDS files leads me to believe either one would meet any of the 9 hazard classes in IATA. This is further confirmed by neither SDS classifying the products for DOT and TDG. Basically, what you have are containers of non-regulated liquids.  There is no need for UN Specification packaging or paperwork for IATA or any other transport regulation.

SAPT on my SDS

A. Since the addition of UN numbers for polymerizing substances, we’ve been told we must include the Self-Accelerated Polymerization Temperature (SAPT) on our SDS documents in Section 9. Is this a new requirement?
Q. There is no requirement in OSHA HazCom 2012 to include that particular data point in Section 9. All of the Continue Reading…
Graduation Cap
Who is Your Trainer?

Do you know who is training you?

Help! My team and I recently attended a training session and received our certification, but we continue to struggle with shipping our products.

That is a statement we hear far too often from clients who call our helpdesk for assistance. The shame of it is that  they seemingly wasted both time and money in a training program, but did not get out what they needed. Now, they have no choice but to take another course.

Specialists & Experts

Many people these days are calling themselves regulatory specialists, dangerous goods experts, or health and safety experts. The dangerous goods/hazardous materials field is a detailed, comprehensive topic requiring hands-on experience and a strong technical understanding of topics directly related to the industries we serve. Finding the right training company is critical to ensuring that the processes and procedures you need to continue operating remain uninterrupted.

Similar to Capital One Financial’s slogan “What’s in your Wallet” (https://www.youtube.com/watch?v=T3funZeuc9Q), you need to ask yourself “Who is your Trainer”.

Here are some questions you should consider when looking for trainers with the ‘right stuff’

  1. Do they have appropriate degrees and decades of education and knowledge?
  2. Do they have their finger on the pulse of pending regulatory changes?
  3. Can they customize training to suit your needs or are they offering the same course to everyone?
  4. Are they educated/trained in teaching adults?
  5. How detailed are their courses?
  6. Do they Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: March 26

Proper shipping name, 500 kg exemption, MANCOMM symbol, and a TDG error

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Proper Shipping Name (49 CFR)

Q. The customer wanted to know if they can print the product name in section 1 of the SDS next to the UN number on a hazard class label instead of the proper shipping name.

A. No. The proper shipping name on the outside of the box is a requirement per 49 CFR §172.301 (a) (1) and must be marked along with the UN number in a non-bulk packaging.

500 kg Exemption (TDG)

Q. Can I apply the 500 kg exemption when I have a mixed load where part of the load is excluded from using a DANGER placard under the 1000 kg Class restriction in TDGR §4.16 but the remainder is less than 500 kg gross? An example would be a consignment offered that included 1200 kg of Class 3, 100 kg of Class 8 and 300 kg of Class 9 (no ERAP required for either)?

A. In the DANGER placard scenario in 4.16, the Class 3 is restricted from using the DANGER placard specifically, based solely on quantity. Regular placarding requirements apply to the load based on the guidance text Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: March 19

Proper Shipping Name, Hydrostatic Pressure Tests, Other Information on the Lithium Battery Mark, and an Interesting Lithium Battery Story

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

Proper Shipping Name for Lithium Batteries (IATA)

Q. Is it acceptable to print “Lithium Ion batteries packed in equipment” on a Class 9 Miscellaneous lithium battery label for UN3481 instead of Lithium Ion Batteries Contained in Equipment?
A. Yes. In the blue pages (Section 4) of IATA, you will notice there are 2 spots for UN number “3481”, one for lithium batteries containing equipment, and one for lithium batteries packed in equipment, so either of those printed on the label is acceptable.

Hydrostatic Pressure Test by Air (IATA)

Q. I plan on shipping an F-style container as an inner container in a combination package. Per IATA  §6.3.5.1, it says the internal pressure test is not required for combination packages. Does this mean the inner container doesn’t have to meet the 95 kPa pressure rating if shipping liquids by air?
A. Although IATA §6.3.5.1 does state the internal pressure test is not a required test for inner packagings of combination packages, it also references §5.0.2.9 for further instructions, which states that packaging for retention of liquid must be capable Continue Reading…
TDG Methanol Classification
Big Change in Methanol Transport Classification (TDG)

TDG Update - Man Staring in to warehouse

New Transport Canada Update Means Big Changes for Many Companies

Recently, Transport Canada posted on their FAQ web page, a few questions regarding shipping mixtures of Methanol.

The first three FAQs are for the most part, not surprising, with one exception in Question 2. These FAQ’s appear as follows (these FAQ’s are directly from their website): (keep reading, the biggest surprise is coming).

Question: How do I classify a product that contains methanol as the only dangerous good?
Answer: As per Section 2.3 of the TDG Regulations, when the name of a dangerous good is shown in Schedule 1, that name and the corresponding data for that shipping name (class, subsidiary class(es), packing group (PG)) must be used. Therefore, when methanol is the only dangerous good in the product and it meets the criteria for Class 3, Flammable Liquids, it should be transported as UN1230, METHANOL, Class 3 (6.1), PG II. Note that PG II is the only packing group available for methanol as per Schedule 1 of the TDG Regulations. Note: Subparagraph 1.3(2)(d)(iv) of the TDG Regulations allows a person to indicate the word “SOLUTION” or “MIXTURE” and also the concentration of the solution or mixture after the shipping name, as applicable.
Question: Tests results for a solution containing methanol as the only dangerous good indicate that its packing group should be III. How do I choose the proper shipping name?
Answer: Even if a dilution would lead to a Continue Reading…
Regulatory Helpdesk: March 12

Combustible Liquids, Using Chemtrec’s Number, Keeping Up-To-Date, and Other Paperwork

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows – of the regulations.

DG Documentation on Overpacks

Q. If there are multiple skids of dangerous goods (overpacks) in a shipment on which one should the copies of the invoices and shipping papers be attached?
A. Neither the DOT nor IATA regulations tell you to put “paperwork” on the outer packages or overpacks. That is a carrier/driver thing. All the regulations care about is the proper marking and labeling that they require. You also have to be able to physically hand your paperwork to the carrier. Your best bet would be to talk to your carrier directly as to how they want it handled.

Combustible Liquids

Q. I have a liquid with a flashpoint of 100° F and it does not meet any other hazard classes. It is not an RQ, waste or marine pollutant. After manufacturing, it is placed in tubes and then shipped for sale in retail stores. What marks and labels are needed on the outside of the packages?
A. The flashpoint of this material is 100° F and there are no other hazards under the transport regulations. This means it technically meets the definition of a flammable liquid in Packing Group III per §173.120 Continue Reading…