In-transit, manufactured for export, and editorial/transportation changes
IN-TRANSIT OR “FOR EXPORT” PMRA-UNREGISTERED PESTICIDES & WHMIS-STYLE HAZARD COMMUNICATION
Those involved in manufacture, import, storage or transportation of pesticides, which are not registered for use in Canada may soon see reference to GHS-style documentation accompanying foreign products while they are in Canada. This amendment is partly as a result of a relaxation of the “in-transit” prohibition on pesticides (“pest control products” or PCP) that are not registered for use in Canada (required as a result of the government’s support of the 2017 World Trade Organization’s ratification of the 2014 Trade Facilitation Agreement – TFA).
Until recently, there was a general prohibition in the Canadian PCP legislation that, in general, prohibited the: manufacture, possession, handling, storage, transportation, import, distribution, or use of unregistered pest control products. An amendment to the PCPR adopted in Canada Gazette II (CG II) on December 26, 2018 includes authorization of import/export for “Products not Intended for the Canadian Market”.
WHMIS 2015, as specified in the Hazardous Products Act (HPA) s. 12/Schedule 1, excludes “pest control products”, as defined in the PCP Act (PCPA), from the WHMIS regulations. This wasn’t perceived to be a safety issue since, up until the recognition of the TFA only registered PCP were authorized for general manufacture, possession, handling, storage, transportation, import, distribution, or use. There are limited exceptions, but only under specified circumstances, Continue Reading…
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…
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…
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…
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…
John Steinbeck’s novella “Of Mice and Men” is often a required reading for many school children. Though published in 1937 about a story of migrant workers in the Great Depression, it has many themes that are still powerful today. What many don’t know is that one of Steinbeck’s characters from this story is parodied in a classic Looney Tunes cartoon.
Of Fox and Hounds
In this cartoon, Willoughby the dog is fooled by George the fox. Willoughby is voiced by Tex Avery, while George’s voice is done by Mel Blanc.
Now what does this have to do with Safety Data Sheets or SDS? Often when tasked with writing a SDS one can feel like poor Willoughby. All of the information is available, but which way do you go. Which way do you go?
SDS Creation: The process is simple. Send us a basic product information sheet, the raw materials SDS documents, and the countries involved and we can write an SDS for you that meets the requirements of OSHA HazCom 2012, WHMIS, European REACH, or European CLP. We even offer to sign a non-disclosure agreement to keep your product information private.
Remember eating alphabet soup as a child? Remember playing with the noodle letters to make more words than your friends or siblings? Remember when the letters would not cooperate and random letters were floating in your bowl? Remember trying to use abbreviations and acronyms to make those random letters work? Oh, the frustration! Working on Safety Data Sheet (SDS) documents in the European Union (EU) can often feel like some of those memories.
ICC Compliance Center is here to help and possibly give some new ways to win in your next competition.
EU – Directives and Regulations
As a reminder, the EU governs hazard communication in two ways – by directives and regulations. Directives mean all member states are required to implement their version of the directive within their state. Regulations, however, mean complete implementation in all member states without the need for or allowance of versions in each state.
Current directives and regulations
As of February 2015, there are multiple active directives and regulations at work in the EU. The oldest is the Dangerous Substances Directive (67/548/EEC) or the DSD and the Dangerous Preparations Directive (1999/45/EC) which is the DPD. This is followed by the Registration, Evaluation, Authorization and Restriction of Chemical Substances Regulation more commonly known as REACH (EC1907/2006). Finally, there is the Regulation on Classifying, Labeling and Packaging of Substances and Mixtures (1272/2008/EU) or in the shortened form the CLP. It should be mentioned Continue Reading…
Health Canada Reveals Final Version of Canadian GHS
An important change has occurred on the Canadian regulatory scene. Health Canada has released the long-awaited revisions to the Workplace Hazardous Materials Information System (WHMIS) for hazardous workplace chemicals. This new system will introduce sweeping changes for classification of chemicals, labelling of workplace chemicals, and Material Safety Data Sheets (which will now be known simply as Safety Data Sheets or SDSs).
The new system will replace the Controlled Product Regulations with the Hazardous Products Regulations. This new regulation will incorporate a system that has been adopted by the United States, Europe and many other countries and economic zones. Using this new system is anticipated to help Canada compete in international markets, as well as make importing workplace chemicals less complicated and expensive.
The text of the new regulation can be downloaded from Canada Gazette’s website (PDF). Compliance will not be mandatory right away – there will be a series of transition periods, leading to final adoption by December 1, 2018. However, you may start using the new system immediately if you prefer.
Also updated is the regulation for considering trade secrets, the Hazardous Materials Information Review Regulations.