WHMIS 2015
Final Employer Countdown – WHMIS 2015 Compliance
Clock and calendar countdown

TIME TO CONSUME OR RE-LABEL EXISTING WHMIS 1988 CONTROLLED PRODUCT INVENTORY

The final stage in the transition from WHMIS 1988 to WHMIS 2015 is drawing to a close. Consequently, employers in Canada have an obligation to ensure that any “leftover” stock at the workplace is identified under the WHMIS 2015 GHS-based classification and hazard communication protocols.

Note that, while the majority of Canadian jurisdictions require all provisions of WHMIS 2015 to be in place as of December 1, 2018, there are currently two exceptions.

Employers under the Federal jurisdiction have the ability, under the Canada Labour Code, to continue to use stock in the workplace with WHMIS 1988 labels/MSDS until May 31, 2019 (Canadian Occupational Health and Safety Regulation – SOR/2016-141, s. 77(b)).

Also, as of November 9, 2018, Nova Scotia has yet to publish an update to the 1989 WHMIS regulation.

ONTARIO CLARIFIES O.REG. 860- WHMIS 2015 REQUIREMENTS FOR EXISTING WHMIS 1988 STOCK

In an amendment published on e-laws November 2 (to appear in the November 17, 2018 Edition of The Ontario Gazette )- effective December 1 employers must re-label any existing inventory of hazardous product received under WHMIS 1988 regulations.

This amendment affects O.Reg.860 sections 8, 10, and 18. Also a new s. 13 has been added; and the obsolete (transition) s. 25.1 is revoked at Dec.1. Terminology for labels has been modified in recognition that SDS or labels normally provided Continue Reading…

Airplane Icon
FedEx DROPS “V-PACK” REQUIREMENT

IATA DGR 2019 and FX-02

IATA SIGNIFICANT CHANGES

In keeping with the standard practice of alerting users to modifications in the new edition of the Dangerous Goods Regulations (DGR) for air transport, the list of Significant Changes and Amendments to the 60th Edition (2019) were released several months ago, and are incorporated into the recently published copies of the DGR.

An overview of these changes was the subject of blogs issued by ICC on August 28th and September 26th of this year.

Typically changes in the State and Operator Variations, in s. 2.8, are not outlined in specific detail in the Significant Changes document, but are referenced as a general reminder. This contrasts with amendments issued between publications which illustrate the actual details of changes.

Which leads us to FX-02…

FX-02 DROPS “V” RATED PACKAGING

A rather significant operator variation in s. 2.8.4 of the IATA DGR was the common application of FX-02 (f) to liquids in specified classes. This limitation, which existed as FX-17 prior to the 57th Ed., required shippers to use the heavy duty UN-standard “V-Pack” (“variation” commonly noted by UN code 4GV) package even though it wasn’t mandated by the Packing Instruction (PI) or other provisions of the DGR.

The limitation was invoked when FedEx customers were choosing to ship under the “International Economy” or “International Freight Economy” designations. Not only was it required in place of PI-required UN standardized Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 15

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.

Hazardous Waste and DOT

Q. Do I have to have hazardous materials training if I ship out hazardous waste?
A.Yes. If a person is shipping an EPA-regulated hazardous waste and that waste is required to be shipped on a manifest, then that material is subject to the DOT Hazardous Materials Regulations. In fact, there is a specifically worded certification statement on the manifest that certifies that the shipment complies with all applicable DOT requirements.

Wording on the Battery

Q. Do the words “Lithium Battery” have to be on the actual battery?
A. No, there is no requirement in the regulations to have those words on there. However, almost all of the transport regulations have added the requirement to include the watt-hour or gram content on the outer cases of said batteries.

HMIS

Q. I have some questions about HMIS ratings. Do you know where I can find more information on that? I’m having a hard time determining what PPE is needed at my facility.
A. We offer HMIS ratings as a service at ICC. As to the PPE component, the better course of action is to use the SDS and any risk assessment data at the facility to make those determination. Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 1

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.

Placarding Bulk Truckloads

Q. My truck has 4000kgs of drums of Class 3 UN1993 in it. Truck has Class 3 UN1993 placard on it . We pick up 1 empty tote (IBC) which is Class 3 UN1993 also. Can we keep the same placard on the truck or do we need to add Class 3 only? Same with empty drums. We just need to add primary CLASS card? All transported via ground within Canada.
A.Well the drums don’t need UN numbered placards since drums are considered small means of containment. A plain class 3 placard will do to represent the drums. It used to be in the Regulations that over 4000kg from one shipper could display UN numbered placard but it was repealed recently. Totes, even empty with residue, requires UN numbered placards for liquids in direct contact with the means of containment. You don’t need to add plain class 3 placard for the drums as both the drum and tote content is hazard class 3. So technically the truck displayed the correct placard (UN1993). If the drums were empty and less than 500kg gross mass then no placard will be required; however, if you Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: Sept 24

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.

Limited Quantity from Canada to the USA

Q: I ship my material as a limited quantity under TDG in Canada. What do I need to do to ship it to customers in the US? We are also considering opening a hub in the US.
A: You will have to receive training in 49 CFR. Even though there are many similarities between the 2 regulations they are not exact matches. You may be able to use some reciprocity agreements in regards to transborder shipments. A hub based in the US will definitely have to have 49 CFR training.

New testing, now what?

Q: We just ran some testing on one of our products. It has been shipped as UN2468 in the past. However, the test report O.1 came back and said our material is not an oxidizer. What does that mean for the next time we ship the product?
A: If you have proof that your product is no longer a hazardous material, then you do not have to ship it as such. It does not meet the classification criteria set out in 49 CFR starting in §173.50.

TDG wallet card requirements

Q: I have worked with a courier company for Continue Reading…
United Nations Logo
2018 United Nations Regulatory Updates
Palais des Nations in Geneva

What’s New at the UN for Transport?

At this time of year all the regulatory updates start. Every time a notation comes across my desk or email I can’t help but think about a famous line in the movie “Sixteen Candles”. That particular line is “What’s happening hot stuff?” Click here to see the actual movie clip. One of these days, I want a presentation to start with this. It would sure break the ice on some rather detailed subject matter.

Having prepared you for thinking about what’s happening or changing, we have to start at the UN level specifically. Much of this information comes from a presentation by Duane Pfund at the Pipeline and Hazardous Materials Safety Administration. We need to focus on is what changed from the 2015 – 2016 biennium. That biennium gave us Revision 20 of the UN Model Recommendations for the Transport of Dangerous Goods. Revision 20 is what will drive the changes starting in January 2019.

What’s Happening or Changing for 2019?

  • Class 8 Corrosive Materials:
    • A new alternative method for classifying these mixtures is being introduced. It revolves around using the GHS Purple Book bridging principles and calculation methods. Note that flammable gases and explosives are on the list for this same concept in the current biennium.
  • Dangerous Goods in Articles:
ICC's Regulatory Helpdesk
Regulatory Helpdesk Sept 17

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 Paperwork Required for my Shipment? (TDG)

Q: Do I need to send paperwork to ship a class 2.2 empty oxygen cylinder through ground in Canada?
A: The TDGR 2.14(b) classifies a compressed gas as Division 2.2 if it has no other hazard class properties and has an absolute pressure less than 280 kPa at 20O C. Thus, if the cylinder only contained a Class 2.2 gas without other subsidiary hazards and the pressure is now below 179 kPa gauge, then it’s not DG and the regulations don’t apply. This means that the Class 2.2 labels must be removed.

How do I ship a product that is regulated by DOT, but is not regulated by IMDG?

Q: Can you please help me with the following?
  • HazMat is Class 3 Combustible Liquid w/i U.S. (fp of 168 F).
  • It is shipped in IBC (bulk packaging) and non-bulk.
  • If to be shipped by vessel in an IBC it would be a Class 3 Combustible Liquid per US DOT but not a Class 3 per IMDG.
How would one ship this HazMat in a bulk packaging by vessel when it must first be transported by highway to reach the port? If shipped as Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: Sept 3

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.

Lithium Battery Label (Ion/Metal)

Q: On the old lithium battery handling label, can I use an Avery address label for the words ion and/or metal?
A: What you propose is not the best option for lithium battery label. However, if it is your only option, then you most definitely will need to cover the Avery label with strong, clear packaging tape.  Regular old scotch tape won’t do as it won’t stand up to the durability requirements.

Adding an SDS to Your Shipment

Q: Do I have to put the SDS on each one of my hazmat boxes?
A: Technically, an SDS is not required to be attached to any packages.  Your carrier may request this though. If the SDS is being used as the “written emergency response information” required under 49 CFR and the US variation in IATA, then it should be with the shipping papers/declaration and not on the packages.

How Many Lithium Batteries Can Go in a Box?

Q: I have 4 pieces of equipment that are being shipped. Each has its own lithium metal battery inside a plastic bag. So, this is UN 3091 packed with equipment. The lithium content on each battery is 0.28 grams and Continue Reading…
Safety Data Sheets (SDS)
Should You Use CANUTEC as Your 24-Hour Number on Your SDS?
Compliant SDSs

SDS Requirements

Safety Data Sheets (SDSs) have been an important tool for worker safety for decades. In Canada, they became mandatory for hazardous materials in 1988, and although their basic format has been modified by WHMIS 2015 (the Workplace Hazardous Materials Information System 2015), one constant has always been a heading for “emergency telephone number.”

This brings up the question of what number should be on the SDS. Yes, it’s possible to run the emergency number internally, but most companies don’t use this solution. First, if you’re using it for transportation purposes, the law requires that the number be staffed 24 hours a day. Even if you have staff to do that, they must be trained to give effective advice over the telephone. That can be a difficult job, and requires professionals with both technical knowledge and the ability to remain calm in emergencies. Therefore, most companies these days outsource this function to specialist services.

Having a direct line to a live, knowledgeable person can be a true lifesaver in an emergency. Early in my training days, a customer told how he’d been given the job, late at night, of cleaning out a tank of chemicals by siphoning them into a waste container. In those days, safety standards were sometimes lax, and he was taught to start the siphon by mouth. Unfortunately, he was distracted during the procedure and ended Continue Reading…

Black steel drums
What Does that Word Mean? (Chime)

Blue Hazmat Drums

Updated Training

ICC Compliance Center constantly evaluates our courses to be sure they are the most up-to-date with current versions of the regulations.  Our Regulatory Team works hard to make sure the information we get you is complete and correct. In that regard, I am in the process of revising and updating our course on shipping reduced amounts of materials. It will focus on the options outlined in the US 49 CFR and the IATA regulation. We are talking about a focused course on the topics of small quantities, excepted quantities, limited quantities and consumer commodities.

During the course of the update, I came across an odd word in regards to drums under the Excepted Quantities exception. It was one not familiar to me at all even after 10 years of being in the “business.” Of course, my first thought was to look in the definitions or glossary section of the regulations. It wasn’t there. Then I tried to Google it. No luck. At this point, it was time to reach out to the Team. Sure enough, within minutes there was the answer and even where I could find it for future reference.

Defining “Chime”

What was the word? It was the word “chime.” In both 49 CFR and IATA for Excepted Quantities is the package test requirement that must be met for drums. It says that when the package is in the shape of Continue Reading…