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…
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…
What significance does June 1st have in the world of hazardous materials?
Hopefully this does not come as a surprise, but it is the deadline for the final implementation date for Hazcom 2012.
Effective Completion Date
December 1, 2013
Train employees on the new label elements and safety data sheet (SDS) format.
June 1, 2015 or December 1,2015
Compliance with all modified provisions of this final rule, except:The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a HCS Compliant label
Chemical manufacturers, importers, distributors and employers
June 1, 2016
Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
In March 2012, OSHA aligned the HCS (Hazard Communication Standard) with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This kicked off a four-year phase-in period which is now officially over.
By now, all chemical manufacturers, importers, distributors, and employers in the USA should have switched from OSHA 1994 to Hazcom 2012. This includes training all employees, classifying all products to the Hazcom 2012 criteria, creating Hazcom 2012 Safety Data Sheets (SDS), creating compliant shipped container labels, and finally updating workplace labeling and written safety programs to Hazcom 2012 standards.
Our handy checklist can help ensure that you have completed each important step. Use it as part of your internal auditing practice to ensure compliance.
One of the most common tests for determining hazard classification is the flash point. This humble piece of physical information is defined in various ways in various regulations, but generally is the lowest temperature at which the vapours from a flammable liquid will ignite near the surface of the liquid, or in a test vessel. This can be critical for safety, because this temperature will be the lowest possible for the liquid to cause a flash fire if released or spilled. If the material can be handled and transported at temperatures lower than the flash point, the fire risk will be much smaller.
The flash point has become the standard test for classifying flammable liquids. It’s used by the U.S. OSHA (Occupational Health and Safety Act) and HMR (Hazardous Materials Regulations) classification systems, as well as Canada’s WHMIS (Workplace Hazardous Materials Information System) and TDG (Transportation of Dangerous Goods Regulations).
Obtaining a flash point on a new product is usually easy enough. Many laboratories, particularly those that deal with petrochemicals, can perform the test for a reasonable charge. If your company has too many products to make outsourcing practicable, a flash point tester itself is comparatively low cost (as scientific apparatus goes), and a trained person can obtain data quickly and efficiently. However, both of these options do cost money. Wouldn’t it be nice if there were a Continue Reading…
December 1, 2015 is an important date. You should know why by now!
Dates are important to everyone – especially during holidays when people take time off, relax, and enjoy company. December 1, 2015 is definitely an important date – to those in the hazardous materials industry – but, there won’t be any time off, relaxation, or holiday to celebrate. Rather, today is the effective completion date for compliance with all modified provisions of the Hazcom 2012 final rule: distributors shall not ship containers labeled by the chemical manufacturer or importer unless it is a Hazcom 2012 label.
Sounds simple enough, right? Just put a Hazcom 2012 label on containers and you’re done. On the surface it sounds simple; however, it is anything but that. This affects chemical manufacturers, importers, distributors, and employers. If labeling is not part of the normal procedures then making sure the proper Hazcom 2012 label is used can be a daunting task.
Chemical distributors who package product (i.e., drums, totes) will need safety data sheets (SDSs) and labels updated. Otherwise, they cannot ship product as of December 1, 2015. Chemical distributors who distribute only (i.e., warehouse chemicals and distribute in the containers they came in) will need to find a way to re-label product before shipping or risk penalties if the labels are not updated. Industrial supply companies selling products such as cleaning agents, Continue Reading…
A better question to ask than the one posed in the title is “Where’s the beef?” Many will remember this 1980’s catchphrase uttered by Clara Peller in an advertisement for the fast food chain Wendy’s. The purpose of this advertisement was to differentiate between the big name sandwiches provided by McDonald’s and Burger King and Wendy’s own Single. The difference was in the size of the bun used by the competitors and the large beef patty used at Wendy’s. (Click here for the Wendy’s Commercial)
For those in the hazard communication industry, the question applies because of the June 1st deadline. This deadline was for all safety data sheets (SDS) and labels to be updated under the new OSHA HazCom2012 format. It is now after July 1st and many downstream users are asking “Where are the updated SDS and labels” much like in the Wendy’s commercial. Granted some companies made the deadline and are supplying the new versions of the documents. Unfortunately, there are a great many that have not.
So, are things really different?
Many on the business side of manufacturers, importers and distributors, the answer will likely be, “not much”. The business is still manufacturing product, importing goods and distributing items. That process has not truly changed. From a Regulatory or Compliance point of view the answer to that is “yes”. If your company has not Continue Reading…
Sometimes, regulations don’t give us all the answers we need. For example, many people are confused about the labelling requirements found in the Hazard Communication Standard (HCS) of Part 1910.1200 of the Occupational Safety and Health Act (OSHA). This section tells us that we must label all “shipped containers” that contain hazardous substances destined for workplace use. But what exactly is the “shipped container,” when you have inner containers inside an outer one?
The simplest form of “shipped container” is a single packaging. This is a packaging such as a drum or bag, with no inner containers. Such a packaging must be labeled according to the HCS, if the product is hazardous and is intended for a U.S. workplace. If the product is also regulated as a hazardous material for transport according to the Department of Transportation (DOT), then we must also display DOT labels and marks as required by 49 CFR.
However, it gets murkier when we look at combination packagings. These packagings consist of an outer packaging as well as one or more inner packagings. In a transportation sense, both the inner and outer packagings are “shipped.” But are they “shipped containers”?
The answer to this question isn’t found directly in the HCS. Instead, OSHA has issued interpretations that provide guidance here and here. (Note that one of these interpretations was issued long before the current rules, known as Hazcom Continue Reading…
The Gang that Sang in this case is US OSHA/Health Canada; and it’s hazardous communications, not “Heart of my Heart” (despite my fondness of the former!), that they’ve been “singing” about.
In any case, despite the efforts there are still some differences between the two countries. Health Canada, following the coming into force of the Hazardous Products Act/Regulations (“HPR- WHMIS 2015”) in February, has thoughtfully produced a summary table of variances between Canada’s WHMIS 2015 and US OSHA’s Hazard Communication Standard (“HazCom” or HCS2012”).
The obvious English-French bilingual requirement is first on the list. One aspect of this that is not highlighted is the requirement to provide BOTH languages on the SDS (either as a bilingual document- or with the 2 versions attached as a single document) when selling to a Canadian customer.
As indicated in the Canada Gazette II “regulatory impact analysis statement” (RIAS), various differences are necessary to either reflect constitutional/regulatory regimes or to ensure that worker protection features considered essential are maintained.
An example of the former is the requirement to differentiate and define “hazards not otherwise classified” (HNOC) between physical and health related hazards. Also the unilateral declaration of “proprietary” information, while not specifically mentioned in the summary guide, results from regulatory constraints.
The disclosure of information on carcinogenic ingredients is an example of the latter. WHMIS 2015 doesn’t require SDS Continue Reading…
One of the challenges that chemicals companies face due to the implementation of Hazcom 2012 is how to print the red border on their supplier/container labels.
Part 1910.1200 C.2.3 says:
C.2.3.1 Pictograms shall be in the shape of a square set at a point and shall include a black hazard symbol on a white background with a red frame sufficiently wide to be clearly visible. A square red frame set at a point without a hazard symbol is not a pictogram and is not permitted on the label.
There is no cookie-cutter approach. Every company has different requirements. How many labels are needed, how often they are needed, and how many different types are needed are just a few things to be considered. The environment where the printer and label stock is located also plays a part.
Did you know that ICC Compliance Center manufacturers labels? We specialize in chemical labels, providing a variety of solutions for more than 25 years.
Our on-demand labeling systems allow your SDS to be seamlessly integrated, to not only print Continue Reading…