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.
|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.
Note: Interestingly, the referenced definition of “vessel” in the CSA includes all “means of propulsion”:
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.
The definition of an “inland Continue Reading…
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:
Isn’t everyone using GHS for SDS’s and labels?
The answer to that is yes, and also no.
The European Union (EU)
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…
Saskatchewan Joins the Fold- WHMIS 2015 Implementation Starts August 17
The “Land of Living Skies” (SK) has become the 6th province to finalize regulatory amendments to implement WHMIS 2015 in workplaces under their jurisdiction.
REG 6, officially named “The Occupational Health and Safety (Workplace Hazardous Materials Information System) Regulations, takes effect August 17, 2016 –as published in the June 17 Saskatchewan Gazette.
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”).
Oh – “Land of Living Skies”?:
Saskatchewan is called the Land of Living Skies for a reason »
But if you visit, beware of Captain Tractor:
UPDATE – The June 29 Canada Gazette II contains the Federal Canada Labour Code adoption of WHMIS 2015 into the various CLC OHS Regulations (SOR 2016/141).
The amendments are effective immediately with an employer operating transition period until Nov. 30, 2018 – i.e. WHMIS 1988 or WHMIS 2015 may be used for products in/entering the workplace.
WHMIS 1988 may be used for products already present in the workplace at Dec. 1, 2018 until May 31, 2019.
Details can be found:
Watch our Blog site for more information
Formal Transition to WHMIS 2015
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 OHS ACT
As before, the majority of details are contained in the amended O. Reg. Continue Reading…
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.
Rail carriers transporting dangerous goods by railway Continue Reading…
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.
Obviously, the exemption only applies Continue Reading…
Have You Made Your TDG Updates Yet?
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…
Canada, a country rich in geological resources, has long been involved in the production and transport of radioactive materials. This summer the Canadian Nuclear Safety Commission (CNSC) began an in-depth review and overhaul of its regulations on such substances. Its goal is to ensure that Canada has an “effective, efficient and modern regulatory system that is both science-based and risk-informed.”
The CNSC, a part of Natural Resources Canada, regulates radioactive substances under the Atomic Energy Control Act (AECA). The Act covers thirteen regulations, including the General Nuclear Safety and Control Regulations and the Packaging and Transport of Nuclear Substances Regulations (PTNSR). These regulations are, in turn, referenced by other regulations such as the Transportation of Dangerous Goods Regulations, which refer most of the classification and packaging requirements for radioactive materials to the PTNSR.
Regulations on radioactive substances must be updated frequently to keep abreast of international standards, such as safety standard from the International Atomic Energy Agency (IAEA). This standard, the Regulations for the Safe Transport of Radioactive Material, is the foundation for harmonizing radioactive regulations on a worldwide basis. But CNSC must also ensure that its regulations reflect current Canadian concerns, from wastes from fracking, to the results of the Fukushima plant incident in Japan.
Therefore, the CNSC is turning to Canadian stakeholders for early feedback on the current state of the regulations. These opinions will be used Continue Reading…