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.
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…
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.
Manufacturers and Importers
From February 11, 2015 to May 31, 2018
WHMIS 1988 or WHMIS 2015
WHMIS 1988 or WHMIS 2015
Consult F/P/T regulator
From June 1, 2018 to August 31, 2018
WHMIS 1988 or WHMIS 2015
WHMIS 1988 or WHMIS 2015
From September 1, 2018 to November 30, 2018
WHMIS 1988 or WHMIS 2015
December 1, 2018
* 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…
Transport Canada issues new Part 11 and makes other miscellaneous changes
The December 13, 2017 edition of the Canada Gazette II contains the expected rewrite of Part 11 “Marine” requirements of the Transportation of Dangerous Goods Regulations (TDGR). In addition, there are related changes in other parts, as well as some unrelated miscellaneous changes in other areas.
The most wide-reaching change, although perhaps of relatively minor significance to the general regulated community, is the replacement of the term “ship” with “vessel”. This, among other changes, is to update the TDGR to current Canada Shipping Act (CSA, and related regulations) terminology. Many aspects of Part 11 related to the CSA had not been updated since 2008.
This differs from the TDGR definitions for road and rail vehicles which expressly exclude “muscle power” as a means of propulsion. (“Means of transport” in TDGR is a different story, but perhaps we’ll leave that one for another blog!)
Other definition changes include elimination of the reference to “short run ferry”, previously defined in TDGR Part 1.3 as operating between points “not more than 3 km apart”. TDGR 1.30 special case exemption now refers only to “Ferry,” but describes within the exemption that it’s applicable to operating between two points “not more than 5 km apart.
FOODSAFE is a resource of the Province of British Colombia and is a food safety training program that instructs students on a wide array of food related safety issues.
The training program enables students to learn about food borne illness, food preparation safety, storing food, and serving food safely. The program offers courses for cooks, servers, and other restaurant employees, but also offers courses for management crews, business owners, executive chefs, and others who will handle food and areas where food is stored, prepared, or served.
In Canada, every person who owns a food establishment must obtain a certificate from a health official showing they have completed FOODSAFE or an equivalent program. The food establishment owner must also be able to show proof that in their absence, there is at least one other person in the business who has a certificate. For those in serving positions, it is not required by BC regulation, but many employers do insist that all employees hold a valid certificate to work in their establishment.
Anyone who works with food should take the course and test for certification as it not only teaches about food borne illness and how to prevent it, but it is also a good tool to use when applying for work in the food industry.
FOODSAFE is a great program for people working in the food industry including:
In the EU, REACH [Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals] and GHS regulations [Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures, or the ‘CLP’] have already been implemented for many years. Most phases of the EU’s implementation plan have already been completed. There is one last remaining date that has not yet passed, however, with respect to SDS’s and labels.
SDS’s and labels for pure substances are required to fully compliant with REACH and the CLP. The last transition date for pure substance SDS’s was completed on December 1, 2012. Any SDS and label for a pure substance after that date, had to be fully compliant with REACH and CLP regulations, and display only GHS information.
SDS’s and labels for mixtures, for products placed on the market in the EU for the first time after June 1, 2015, are also required to be fully compliant with REACH and the CLP, and display only GHS information.
Mixture SDS’s and labels, only for products already placed on the market in the EU for the first time before June 1, 2015, however, may still show old system EU information. These SDS’s and labels for mixtures, may still display the EU’s old system Continue Reading…
The regulation supplements The Saskatchewan Employment Act WHMIS requirements (Part III, DIVISON 7 of Statute S-15.1). As long as employers comply with the WHMIS 1988 requirements during the transition period, full compliance with WHMIS 2015 labelling/SDS at a worksite does not become mandatory until December 1, 2018.
The requirements mirror those in the model regulation which have been included to varying degrees in the FPT (federal/provincial/territorial) workplace regulations issued to date.
As with most OHS (occupational health & safety) regulations, training must be provided for hazards in the workplace- so employers receiving WHMIS 2015 labeled products/SDS will be expected to have trained workers in using the new system before they are able to be introduced to a worksite or place of employment (the defined terms for what other FPT refer to as a “workplace”).
July 1st Ontario begins the formal transition to WHMIS 2015- Ontario Gazette June 25, 2016 –O.Reg. 168/16 amends O. Reg. 860
Ontario employers must prepare to convert their workplace programs to WHMIS 2015 during the period from July 1, 2016 through May 31, 2018. Stock under WHMIS 1988 already in the workplace may continue to be used until Nov. 30, 2018. Product received under WHMIS 1988 must comply with supplier labeling requirements (e.g. hatched borders/symbols) and MSDS requirements (e.g. 3 year “expiry” date) under the WHMIS 1988 (CPR) regulations.
Introducing new products under WHMIS 2015 will require training workers in WHMIS 2015 before they are used.
This information is referenced in the amended O. Reg. 860 s. 25.1 “Transition”; and the enforcement policy as last reviewed December 2015:
On April 28, 2016, Transport Canada issued its latest Protective Direction. This Direction, number 36, will replace a previous one, Protective Direction 32, with more detailed instructions for rail carriers.
Protective Directions are rules that are not included in Canada’s Transportation of Dangerous Goods Regulations (TDG). Instead, they are announced by Transport Canada, and are published on their website. Usually, these directives are used when Transport Canada believes it’s important to bring in a new rule quickly in order to protect the public. Since amending the regulations can take months or longer, Part 13 of TDG allows them to use this method to respond to important issues with appropriate speed.
Protective Direction 36 requires Canadian Class I rail carriers to either publish information on the carrier’s website, or provide information to designated Emergency Planning Officials (EPOs) of each jurisdiction through which the carrier transports dangerous goods. This information includes:
Aggregate information on the nature and volume of dangerous goods that the rail carrier transported by railway car through the last calendar year (broken down by quarter);
The number of unit trains loaded with dangerous goods operated in the jurisdiction in the last year (again, broken down by quarter); and
The percentage of railway cars carrying dangerous goods that were operated by the rail carrier through the jurisdiction in the last calendar year.
Like most regulations based on the UN Recommendations for the Transport of Dangerous Goods, Canada’s “Transportation of Dangerous Goods Regulations” (TDG) includes a number of exemptions. These provide easier and more cost-effective ways for shipping low-risk materials. However, each exemption needs to be carefully studied. If you don’t comply with all the requirements, you are not entitled to any part of the exemption.
One of the most misunderstood exemptions in TDG is found in section 1.16, the “500 Kilogram Exemption.” The provisions in this section originated in a long-ago series of permits intended to make shipment of small quantities of dangerous goods easier. Over the years, changes to this section have reduced its effectiveness; it still may be a helpful exemption in certain specific cases, but it must be used appropriately.
The first myth about the 500 kilogram exemption is that it is a total exemption from all requirements of TDG. This is far from the truth. At best, the exemption relieves the shipper from Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks) and Part 5 (Means of Containment). All other requirements of TDG will still apply. This includes, for example, the requirement that the carrier and all handlers must be TDG-certified. At one point, receivers were exempted from Part 6, Training, but this relief was removed in an amendment several years ago.
The holiday rush for 2014 is over. Our parties have been held, and our gifts are unwrapped and appreciated. But if you’re a dangerous goods shipper or carrier, you can’t relax just yet. New requirements from Transport Canada become mandatory, January 15, 2015. So, it’s time to make sure that everything in in compliance with the new system.
Back on July 2, 2014. Transport Canada issued two amendments to the Transportation of Dangerous Goods Regulations (TDG). One was called the Safety Mark Amendment, and the second was the Update of Standards Amendment. Both will have important effects on dangerous goods shipping procedures, and will need to be addressed immediately if you want your shipments to remain in compliance.
If your organization hasn’t already done so, it will need to review these amendments and make all necessary changes as soon as possible. Here are some of the most critical changes:
Non-bulk packaging must now be selected for ground shipment using a standard published by Transport Canada, called Transport Canada Standard TP14850E, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard.” Note that this is available as a free download from the Transport Canada site at http://www.tc.gc.ca/publications/en/tp14850/pdf/hr/tp14850e.pdf
Consignors of dangerous goods must keep on file a “proof of classification” for all dangerous goods they offer Continue Reading…