Health Canada Proposes WHMIS 2.0 Timeframe

Update to the Canadian Standard

The Workplace Hazardous Materials Information System (WHMIS) is due for its greatest shakeup ever, as the Globally Harmonized System (GHS) is introduced to replace the current rules for classification and labelling, in a process sometimes called “WHMIS 2.0”. This will mark the greatest change ever to the venerable WHMIS system, first introduced in 1988, and will be a giant step forward for international harmonization.

The current WHMIS standard is uniquely Canadian, using a classification and labelling system different from those used by other countries. The GHS standard will bring Canada’s hazard communication system in line with the rest of the world. Harmonization should result in significant savings for Canadian manufacturers and distributors, while making sure that workers still receive the information they need to stay safe.

But time is running out for Canada – the European Union (EU) and United States have already implemented their systems, which are due to become mandatory June 1 next year. Health Canada, the federal department that administers WHMIS through the current Controlled Product Regulations (CPR), has little time left to introduce the GHS and have it in place by next year.

The Importance of WHMIS 2.0

Why is this important? WHMIS was developed by Canadians, without considering how hazard communication works in other countries. It uses a unique classification scheme, as well as a labelling system different from both the Continue Reading…

TDG May Require Classification Records – Shipper’s Certification

Transport Canada Proposes Changes Requiring Classification Records, Shipper’s Certification for all DG in Addition to Rail/Crude Standards

The fall-out from the Lac Mégantic disaster, as well as earlier and subsequent incidents, has lead Transport Canada to propose changes to the TDGR (Transportation of Dangerous Goods regulations) that go beyond rail car design/evaluation and testing of crude oil.

Despite the titling of the January 11, 2014 Canada Gazette I “Proposed Regulations Section” – i.e. “Regulations … (Safety Standard TP14877: Containers for Transport of Dangerous Goods by Rail) …” – the proposal also includes 2 items applicable to all DG and modes of transport.

Proof of Classification: Part 2.2.1 would be added requiring all consignors offering or importing any DG to maintain records establishing proof of classification (& just an MSDS won’t do). The records (e.g.: test reports, documentation of how the information on an MSDS was used, etc.) would have to be maintained for each technical name for two years. See sections 2 through 4 of the Gazette notice.

Consignor’s Certification: Part 3.6.1 would be added, requiring a shipper (individual acting on behalf of the consignor) to sign one of 3 prescribed (as applicable to the shipment) statements on the shipping document, for any DG shipment, verifying that the consignment complies with the regulations in all respects. See sections 5 through 7 of the Gazette notice.

Crude Oil/Petroleum Distillates-Products: Special Provision 90 Continue Reading…

Amendment T – Provisions for Orphan Releases

Transport Canada has posted on its website Amendment T – Provisions for Orphan Releases. This is a proposed regulation and has NOT been published in the Canada Gazette.

Amendment T outlines the compensation for implementing an ERAP at the request of the Minister. There are 4 sections that will be added:

  • 7.10 Compensation for Authorization to Implement an Approved Emergency Response Assistance Plan (ERAP)
  • 7.10.1 Compensation Limits
  • 7.10.2 Claims for Compensation
  • 7.11 Emergency Response Assistance Plan for Emergency Response Contractors

Section 7.10 outlines what expenses will be covered, such as:

  • death, disability or injury to the plan holder or its employees
  • overhead costs for the plan response
  • cost of employees or contractors
  • use of tools, vehicles, hoses, pumps, generators, etc.
  • travel expenses – meals, accommodation, fuel, flights, etc.
  • rental fees
  • repair costs for equipment damaged during the response
  • cost of defending any legal action

The following are not authorized for reimbursement:

  • purchasing new equipment
  • cost of lost business or production

Section 7.10.1 limits compensation that would be paid towards the dead, disabled or injured person if they were insured under:

  • the Public Service Management Insurance Plan
  • The Public Service Health Care Plan, and
  • The Public Service Dental Care Plan.

Compensation for equipment or property is limited to market value.

Section 7.10.2 states that claims Continue Reading…

Upcoming TDG Amendments

The following proposed amendments to the Transportation of Dangerous Goods Regulations were presented by J.S. Bergeron, Regional Manager, TC at the Canadian Association of Chemical Distributors (CACD) semi-annual meeting recently:

  1. Part 7 Emergency Response Assistance Plan: now with Justice, expect to see in Gazette I before year end,
  2. Titled “Back to the Future”: returning to pre-Amendment 6 for Section 4.15 Dangerous Goods Safety Marks on a Large Means of Containment: Placards and UN Numbers: correcting safety mark errors, etc. Consultation will be the end of November, early December,
  3. Clean up of the standards; discussion centred on CGSB-43.147 Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail, & CGSB-43.126 Remanufacturing and Reconditioning of Drums Used for the Transportation of Dangerous Goods; adoption of rail standards; end of year?
  4. Adopt the 15th Edition of the UN Model Regulations; harmonization of TIH’s (toxic inhalation hazards); early next year
  5. Changes to Part 12 Air re: domestic provisions and isolated areas; there is an internal discussion at Transport Canada going on now.

Keep informed by checking our website, the Canada Gazette website: http://canadagazette.gc.ca/index-e.html, or Transport Canada’s website: www.tc.gc.ca/tdg/menu.htm.