All of the information below is covered in our Online WHMIS training courses and is supplied below simply for general reference.
Workplace Hazardous Materials Information System (WHMIS) - Système d'information sur les matières dangereuses utilisées au travail (SIMDUT)
This material has been extracted from the Canada Occupational Health and Safety Regulations, SOR/86-304 to help students understand the subject. It is not an official source of information and must not be used for any other purpose.
It was obtained from the Canadian Legal Information Institute (CanLII – www.canlii.org).
Canada Occupational Health and Safety Regulations SOR/86-304
Canada Labour Code
DIVISION III
CONTROLLED PRODUCTS
Interpretation
10.29 In this Division,
“bulk shipment” means a shipment of a controlled product that is contained, without an intermediate container or intermediate packaging, in
(a) a tank with a water capacity of more than 454 L,
(b) a freight container or a portable tank,
(c) a road vehicle, railway vehicle or ship, or
(d) a pipeline; (expédition en vrac)
“fugitive emission” means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product; (émission fugitive)
“hazardous waste” means a controlled product that is intended solely for disposal or is sold for recycling or recovery; (résidu dangereux)
“laboratory sample”, in respect of a controlled product, means a sample of the controlled product that is intended solely to be tested in a laboratory, but does not include a controlled product that is to be used
(a) by the laboratory for testing other products, materials or substances, or
(b) for educational or demonstration purposes; (échantillon pour laboratoire)
“manufactured article” means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product; (article manufacturé)
“research and development”, in respect of a controlled product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of controlled products, and includes
(a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and
(b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or controlled products; (recherche et développement)
“risk phrase”, in respect of a controlled product, means a statement identifying a hazard that may arise from the exposure to the controlled product; (mention de risque)
“sale” includes offer for sale, expose for sale and distribute; (vente)
“supplier label”, in respect of a controlled product, means a label prepared by a supplier pursuant to the Hazardous Products Act; (étiquette du fournisseur)
“supplier material safety data sheet”, in respect of a controlled product, means a material safety data sheet prepared by a supplier pursuant to the Hazardous Products Act; (fiche signalétique du fournisseur)
“work place label”, in respect of a controlled product, means a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)
“work place material safety data sheet”, in respect of a controlled product, means a material safety data sheet prepared by an employer pursuant to subsection 10.33(1) or (2). (fiche signalétique du lieu de travail)
SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Application
10.30 (1) This Division does not apply in respect of any
(a) wood or product made of wood;
(b) tobacco or product made of tobacco; or
(c) manufactured article.
(2) This Division, other than section 10.43, does not apply in respect of hazardous waste.
SOR/88-68, s. 12; SOR/96-294, s. 2.
Material Safety Data Sheets and Labels in respect of Certain Controlled Products
10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that
(a) is present in the work place;
(b) was received from a supplier; and
(c) is one of the following:
(i) an explosive within the meaning of section 2 of the Explosives Act,
(ii) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act,
(iii) a control product within the meaning of section 2 of the Pest Control Products Act,
(iv) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive, and
(v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.
(2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)
(a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and
(b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.
SOR/88-68, s. 12; SOR/94-263, s. 38; SOR/96-294, s. 2; SOR/2002-208, s. 20.
Supplier Material Safety Data Sheets
10.32 (1) Where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a supplier material safety data sheet in respect of the controlled product, unless the employer is in possession of a supplier material safety data sheet that
(a) is for a controlled product that has the same product identifier;
(b) discloses information that is current at the time that the controlled product is received; and
(c) was prepared and dated not more than three years before the date that the controlled product is received.
(2) Where there is a controlled product in a work place and the supplier material safety data sheet in respect of the controlled product is three years old or more, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.
(3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed on that supplier material safety data sheet.
(4) Where a controlled product is received in a work place that is a laboratory, from a supplier who is exempted by the Controlled Products Regulations from the requirement to provide a material safety data sheet for that product, the employer is exempt from the requirements of subsection (1) if the controlled product
(a) originates from a laboratory supply house;
(b) is intended for use in a laboratory; and
(c) is packaged in a container in a quantity of less than 10 kg.
SOR/88-68, s. 12; SOR/94-263, s. 39; SOR/96-294, s. 2; SOR/98-427, s. 7.
Work Place Material Safety Data Sheets
10.33 (1) Subject to section 10.42, where an employer produces a controlled product, other than a fugitive emission, in the work place or imports into Canada a controlled product and brings it into the work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by
(a) paragraph 125.1(e) of the Act; and
(b) the Controlled Products Regulations.
(2) Subject to section 10.42, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if
(a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;
(b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;
(c) the supplier material safety data sheet is readily available for examination by employees in the work place; and
(d) the work place material safety data sheet discloses that the supplier material safety data sheet is available in the work place.
(3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings it into such a work place, a controlled product that is intended for use in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer
(a) packages the controlled product in containers in quantities of less than 10 kg per container; and
(b) subject to section 10.42, discloses on the label of the container of the controlled product the information required to be disclosed by
(i) paragraph 125.1(e) of the Act, and
(ii) section 10.39.
(4) The employer shall update a work place material safety data sheet referred to in subsection (1) or (2) or a label referred to in paragraph (3)(b)
(a) as soon as practicable but not later than 90 days after new hazard information becomes available to the employer; and
(b) at least once every three years.
(5) Where the information required to be disclosed by this section is not available or not applicable to the controlled product, the employer shall replace the information with the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the work place material safety data sheet.
SOR/88-68. s. 12; SOR/94-263, s. 40; SOR/96-294, s. 2.
Availability of Material Safety Data Sheets
10.34 (1) Subject to subsection (2), every employer, other than an employer referred to in subsection 10.32(4), shall keep readily available for examination by employees and by the work place committee or the health and safety representative in any work place in which an employee may handle or be exposed to a controlled product, a copy in English and in French of
(a) in the case of an employer who is an employer referred to in subsection 10.33(1) or (2), the work place material safety data sheet; and
(b) in any other case, the supplier material safety data sheet.
(2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may keep a computerized version of the material safety data sheet available in English and in French, for examination by employees and by the work place committee or the health and safety representative, by means of a computer terminal, if the employer
(a) takes all reasonable steps to maintain the terminal in working order;
(b) provides the instruction and training referred to in paragraph 10.14(2)(d) to one or more employees on each shift and to all members of the work place committee or the health and safety representative; and
(c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.
SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 21.
Labels
10.35 (1) Subject to sections 10.37 to 10.39, each controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), in a work place and each container in which the controlled product is contained in a work place shall, if the controlled product or the container is received from a supplier,
(a) in the case where the controlled product is in a bulk shipment, be accompanied by a supplier label;
(b) in the case where the employer has undertaken in writing to apply a label to the inner container of the controlled product, have applied to it a supplier label, as soon as possible after the controlled product is received from the supplier; and
(c) in any other case, have applied to it a supplier label.
(2) Subject to sections 10.37 to 10.39 and 10.42, where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the controlled product in the work place in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 10.41(a) to (c).
(3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to
(a) a controlled product that is in the work place; or
(b) the container of a controlled product that is in the work place.
SOR/88-68, s. 12; SOR/94-263, s. 41; SOR/96-294, s. 2.
10.36 (1) Subject to sections 10.37 to 10.39, where an employer produces a controlled product in a work place, other than a fugitive emission, or imports into Canada and brings into a work place, a controlled product, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:
(a) the product identifier;
(b) the hazard information in respect of the controlled product; and
(c) a statement indicating that a work place material safety data sheet for the controlled product is available in the work place.
(2) Subject to sections 10.37 and 10.39, where an employer produces a controlled product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a controlled product, and places the controlled product in a container, the employer shall apply to the container a work place label that discloses the information referred to in paragraphs (1)(a) to (c).
(3) Subsection (2) does not apply in respect of a controlled product that is
(a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or
(b) packaged in a container and offered for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.
SOR/88-68, s. 12; SOR/96-294, s. 2.
Portable Containers
10.37 Where an employer stores a controlled product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container is exempted from the labelling requirements under section 10.35 or 10.36 if
(a) the controlled product is required for immediate use; or
(b) the following conditions apply in respect of the controlled product:
(i) it is under the control of and used exclusively by the employee who filled the portable container,
(ii) it is used only during the work shift in which the portable container was filled, and
(iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.
SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/2002-208, s. 22(F).
Laboratories
10.39 (1) Subject to subsection (2), the label of the container of a controlled product in a laboratory shall disclose
(a) where the controlled product is used exclusively in the laboratory, the product identifier;
(b) where the controlled product is a mixture or substance intended solely for analysis, testing or evaluation for research and development, the product identifier; and
(c) where the controlled product originates from a laboratory supply house and is received in a container in a quantity of less than 10 kg, the following information:
(i) the product identifier,
(ii) where a material safety data sheet is available, a statement to that effect,
(iii) risk phrases that are appropriate to the controlled product,
(iv) precautionary measures to be followed when handling, using or being exposed to the controlled product, and
(v) where appropriate, first aid measures to be taken in case of exposure to the controlled product.
(2) No supplier label is required on a sample of a product received from a supplier that is, or the employer has reason to believe may be, a controlled product, if
(a) the controlled product is
(i) in a container in a quantity of less than 10 kg,
(ii) intended by the employer for use solely for analysis, testing or evaluation in a laboratory, and
(iii) one in respect of which the supplier is exempted by section 9 of the Controlled Products Regulations from the requirement to provide a material safety data sheet; and
(b) the supplier provides a label that is to be affixed to the container of the controlled product disclosing the information described in subsection (3).
(3) A label referred to in paragraph (2)(b) shall disclose, in respect of the controlled product,
(a) the product identifier;
(b) the chemical identity or generic chemical identity of every ingredient of the controlled product referred to in any of subparagraphs 13(a)(i) to (iv) of the Hazardous Products Act, if known to the supplier;
(c) the supplier identity;
(d) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call (number disclosed pursuant to paragraph (e))/Échantillon pour laboratoire d’un produit dangereux. Pour obtenir des renseignements sur les risques ou en cas d’urgence, composer (le numéro indiqué conformément à l’alinéa e))”; and
(e) an emergency telephone number of the supplier that enables
(i) a user of the controlled product to obtain the hazard information in respect of the controlled product, and
(ii) a medical professional to obtain the information in respect of the controlled product that is referred to in paragraph 13(a) of the Hazardous Products Act.
(4) Where a controlled product is in a container other than the container in which it was received from a supplier, or is produced in the work place, the employer is exempt from the requirements of section 10.36 and subparagraph 10.37(b)(iii) if
(a) the employer has complied with subsection (5);
(b) employee education is provided as required by these Regulations; and
(c) the controlled product
(i) originates from a laboratory supply house or is a laboratory sample,
(ii) is intended by the employer solely for analysis, testing or evaluation in a laboratory, and
(iii) is clearly identified through any mode of identification visible to employees at the work place.
(5) For the purposes of paragraph (4)(a), the employer shall ensure that the mode of identification used and the employee education enable the employees to readily identify and obtain either the information required on a material safety data sheet or the information referred to in subsection (3) with respect to the controlled product or laboratory sample.
SOR/88-68, s. 12; SOR/96-294, s. 2; SOR/98-427, s. 8.
Signs
10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.
SOR/88-68, s. 12; SOR/96-294, s. 2.
Replacing Labels
10.41 Where, in a work place, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information in respect of the controlled product:
(a) the product identifier;
(b) the hazard information; and
(c) a statement indicating that a material safety data sheet is available in the work place.
SOR/88-68, s. 12; SOR/96-294, s. 2.
Exemptions from Disclosure
10.42 (1) Subject to subsection (2), where an employer has filed a claim for exemption from disclosure of information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,
(a) where there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was registered and the registry number assigned to the claim under that Act; and
(b) where the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.
(2) Where a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that name with a code name or code number specified by the employer as the product identifier for that controlled product.
SOR/88-68, s. 12; SOR/96-294, s. 2.
Hazardous Waste
10.43 Where a controlled product in a work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the controlled product by
(a) applying a label to the hazardous waste or its container; or
(b) posting a sign in a conspicuous place near the hazardous waste or its container.
SOR/88-68, s. 12; SOR/94-263, s. 42; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Information Required in a Medical Emergency
10.44 For the purposes of subsection 125.2(1) of the Act, a medical professional is a registered nurse registered or licensed under the laws of a province.
SOR/96-294, s. 2.
Fire and Explosion Prevention
10.45 (1) [Repealed, SOR/98-427, s. 9]
(2) For the purpose of interpreting the standards referred to in sections 10.46 to 10.49,
(a) [Repealed, SOR/2000-374, s. 4]
(b) “dangerous goods” means “controlled products” used in these Regulations; and
(c) in respect of a controlled product classified under the Controlled Products Regulations,
(i) “flammable liquids” means “flammable liquids” used in these Regulations,
(ii) “combustible liquids” means “combustible liquids” used in these Regulations,
(iii) “compressed gases” means “compressed gases” used in these Regulations,
(iv) “reactive substances” means “reactive flammable materials” used in these Regulations,
(v) “aerosol products” means “flammable aerosols” used in these Regulations,
(vi) “poisonous and infectious substances” means “poisonous and infectious materials” used in these Regulations,
(vii) “corrosive substances”" means “corrosive materials” used in these Regulations, and
(viii) “oxidizing substances” means “oxidizing materials” used in these Regulations.
SOR/96-294, s. 2; SOR/98-427, s. 9; SOR/2000-374, s. 4.
10.46 Controlled products shall be stored in accordance with subsections 3.2.7, 3.2.8, 3.2.9 and 3.3.4 of the National Fire Code.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.47 Flammable aerosols shall be stored in accordance with subsection 3.2.5 of the National Fire Code.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.48 The provisions of Part 3 of the National Fire Code apply as follows:
(a) compressed gases shall be stored and handled in accordance with subsections 3.2.8 and 3.3.5;
(b) reactive flammable materials shall be stored and handled in accordance with subsections 3.2.7 and 3.3.4;
(c) poisonous and infectious materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4;
(d) corrosive materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4; and
(e) oxidizing materials shall be stored and handled in accordance with subsections 3.2.7, 3.2.8 and 3.3.4.
SOR/96-294, s. 2; SOR/2000-374, s. 5.
10.49 The provisions of Part 4 of the National Fire Code apply as follows:
(a) areas used for the storage, handling and use of flammable liquids and combustible liquids shall meet the standards set out in subsection 4.1.5, with the exception of article 4.1.5.6;
(b) the drainage and disposal of flammable liquids and combustible liquids shall be in accordance with subsection 4.1.6;
(c) flammable liquids and combustible liquids shall be stored in storage tanks meeting the standards set out in subsection 4.1.8;
(d) maintenance and operating procedures shall be established to prevent the escape of flammable liquids and combustible liquids, required by subsection 4.1.6;
(e) general container storage and handling of flammable liquids and combustible liquids shall be in accordance with subsections 4.2.1 to 4.2.8, with the exception of paragraph 4.2.8.4(d);
(f) rooms used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.9, with the exception of article 4.2.9.3;
(g) cabinets used for container storage of flammable liquids and combustible liquids shall conform with subsection 4.2.10;
(h) outdoor container storage of flammable liquids and combustible liquids shall be in accordance with subsection 4.2.11;
(i) storage tanks for flammable liquids and combustible liquids shall conform with section 4.3, with the exception of paragraph 4.3.13.1(1)(d), articles 4.3.13.5 and 4.3.15.2 and sentences 4.3.16.1(3) and (4);
(j) piping and transfer systems for flammable liquids and combustible liquids shall conform with section 4.4, with the exception of articles 4.4.6.2, 4.4.11.1 and 4.4.11.2; and
(k) flammable liquid and combustible liquid installations on piers and wharves shall conform with section 4.7, with the exception of article 4.7.10.2.
SOR/96-294, s. 2; SOR/2000-374, s. 5
PART X
HAZARDOUS SUBSTANCES
[SOR/2002-208, s. 43(F)]
Interpretation
10.1 In this Part,
“airborne chrysotile asbestos” means airborne fibres longer than 5 micrometers (µm) with an aspect ratio equal to or greater than 3:1; (fibres de chrysotile aéroportées)
“hazard information”, in respect of a hazardous substance, means information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to its toxicological properties; (renseignements sur les risques)
“product identifier”, in respect of a hazardous substance, means the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name; (identificateur du produit)
“readily available” means present in an appropriate place in a physical copy form that can be handled; (facilement accessible)
“supplier” means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)
SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Application
10.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made thereunder apply.
SOR/88-68, ss. 5, 14; SOR/94-263, s. 29; SOR/96-294, s. 2.
DIVISION I
GENERAL
Records of Hazardous Substances
10.3 Every employer shall keep and maintain a record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place, and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places, in one work place.
SOR/94-263, s. 30; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Hazard Investigation
10.4 (1) If there is a likelihood that the health or safety of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,
(a) appoint a qualified person to carry out an investigation in that regard; and
(b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.
(2) In an investigation referred to in subsection (1), the following criteria shall be taken into consideration:
(a) the chemical, biological and physical properties of the hazardous substance;
(b) the routes of exposure to the hazardous substance;
(c) the acute and chronic effects on health of exposure to the hazardous substance;
(d) the quantity of the hazardous substance to be handled;
(e) the manner in which the hazardous substance is stored, used, handled and disposed of;
(f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance;
(g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;
(h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and
(i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI.
SOR/96-294, s. 2; SOR/2002-208, ss. 15, 43(F).
10.5 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative,
(a) the qualified person shall set out in a written report signed by the qualified person
(i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and
(ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and
(b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place.
SOR/88-68, s. 14; SOR/94-263, s. 31; SOR/96-294, s. 2; SOR/2002-208, ss. 16, 43(F).
10.6 A report referred to in section 10.5 shall be kept by the employer for a period of thirty years after the date on which the qualified person signed the report.
SOR/88-68, s. 14; SOR/96-294, s. 2.
Medical Examinations
10.7 (1) Where a report referred to in section 10.5 recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.
(2) The employer, having consulted a physician pursuant to subsection (1) who has confirmed the necessity for a medical examination, shall not permit an employee to handle the hazardous substance in the work place unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with specified restrictions, to handle the hazardous substance.
(3) Where the physician examining an employee pursuant to subsection (2) declares the employee fit with specified restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance in the work place except in accordance with the specified restrictions.
(4) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 10.5.
(5) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.
SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Storage, Handling and Use
10.8 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.
SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
10.9 Where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.
SOR/88-68, s. 14; SOR/94-263, s. 32(F); SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
10.10 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any health or safety hazard that is caused by the hazardous substance.
SOR/88-68, s. 14; SOR/88-632, s. 42(F); SOR/94-263, s. 33; SOR/96-294, s. 2; SOR/2002-208, s. 17.
10.11 The quantity of a hazardous substance for use or processing in a work place shall, to the extent that is practicable, be limited to the quantity required for one work day.
SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
10.12 (1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time.
(2) For the purpose of interpreting the standards referred to in subsection (1), “acceptable” means “appropriate”.
SOR/88-68, s. 14; SOR/88-632, s. 43; SOR/94-263, s. 34; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Warning of Hazardous Substances
10.13 Where a hazardous substance is stored, handled or used in a work place, warnings shall be given in appropriate places at access points warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.
SOR/88-68, ss. 6, 14; SOR/96-294, s. 2; SOR/96-525, s. 14; SOR/2002-208, s. 43(F).
Employee Education
10.14 (1) Every employer shall, in consultation with the work place committee or the health and safety representative, develop and implement an employee education program with respect to hazard prevention and control at the work place.
(2) The employee education program referred to in subsection (1) shall include
(a) the instruction of each employee who is likely to handle or be exposed to a hazardous substance with respect to
(i) the product identifier of the hazardous substance,
(ii) all hazard information disclosed by the supplier or by the employer on a material safety data sheet or label,
(iii) all hazard information of which the employer is aware or ought reasonably to be aware,
(iv) the observations referred to in subparagraph 10.5(a)(i),
(v) the information disclosed on a material safety data sheet referred to in section 10.28 and the purpose and significance of that information, and
(vi) in respect of controlled products in the work place, the information required to be disclosed on a material safety data sheet and on a label under Division III and the purpose and significance of that information;
(b) the instruction and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to
(i) every valve and other control and safety device connected to the assembly of pipes, and
(ii) the procedures to follow for the proper and safe use of the assembly of pipes;
(c) the instruction and training of each employee referred to in paragraphs (a) and (b) with respect to
(i) the procedures to follow to implement sections 10.8, 10.9 and 10.12, and
(ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and
(d) where the employer keeps a computerized version of a material safety data sheet available in accordance with subsection 10.34(2), the instruction and training referred to in paragraph 10.34(2)(b) in accessing that material safety data sheet.
(3) Every employer shall, in consultation with the work place committee or the health and safety representative, review the employee education program referred to in subsection (1) and if necessary, revise it
(a) at least once a year;
(b) whenever there is a change in conditions in respect of the hazardous substances in the work place; and
(c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.
SOR/96-294, s. 2; SOR/2002-208, ss. 18, 43(F).
10.15 The employer shall keep a written or computerized record of the instruction and training given to every employee and
(a) make it readily available for examination by the employee; and
(b) keep it for a period of two years after the employee ceases
(i) to handle or be exposed to the hazardous substance, or
(ii) to install, operate, maintain or repair the assembly of pipes.
SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Substitution of Substances
10.16 (1) No person shall use a hazardous substance in a work place where it is reasonably practicable to substitute a substance for it that is not a hazardous substance.
(2) Where a hazardous substance is to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.
SOR/88-68, ss. 8, 14; SOR/88-632, s. 44(F); SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Ventilation
10.17 (1) Every ventilation system installed on or after January 1, 1997 to control the concentration of an airborne hazardous substance shall be so designed, constructed, installed, operated and maintained that
(a) the concentration of the airborne hazardous substance does not exceed the values and levels prescribed in subsections 10.19(1) and 10.20(1) and (2); and
(b) it meets the standards set out in
(i) Part 6 of the National Building Code,
(ii) the publication of the American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time, or
(iii) ANSI Standard ANSI Z9.2-1979 entitled Fundamentals Governing the Design and Operation of Local Exhaust Systems, dated 1979, as amended from time to time.
(2) To the extent that is reasonably practicable, every ventilation system installed before January 1, 1997 to control the concentration of an airborne hazardous substance shall be maintained so as to meet the requirements set out in subsection (1).
SOR/88-68, s. 9; SOR/94-263, s. 35; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
10.18 (1) Before a ventilation system referred to in subsection 10.17(1) is operated for the first time in a work place, the employer shall set out in writing instructions pertaining to the inspection, testing and maintenance of that ventilation system.
(2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance to be performed on the ventilation system.
(3) The employer shall ensure that a qualified person
(a) carries out each inspection, testing and maintenance of the ventilation system in accordance with the instructions referred to in subsection (1); and
(b) makes and signs a report with respect to each inspection, test or maintenance work.
(4) A report referred to in paragraph (3)(b) shall
(a) include the date of the inspection, test or maintenance work performed by the qualified person;
(b) identify the ventilation system that was inspected, tested or maintained; and
(c) set out the safety observations of the qualified person in respect of the ventilation system.
(5) The employer shall keep at the work place at which the ventilation system is located a copy of
(a) the instructions referred to in subsection (1), and
(b) the most recent report referred to in paragraph (3)(b).
(6) The employer shall give to every operator of a ventilation system the necessary instruction and training for the safe and proper use of the system.
(7) The employer shall keep a written or computerized record of the instruction and training given to every operator of a ventilation system for as long as the operator remains in the employer’s employ.
SOR/96-294, s. 2.
Control of Hazards
10.19 (1) An employee shall be kept free from exposure to a concentration of
(a) an airborne chemical agent, other than grain dust or airborne chrysotile asbestos, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists, in its publication entitled Threshold Limit Values and Biological Exposure Indices, dated 1994-1995, as amended from time to time;
(b) airborne grain dust in excess of 10 mg/m3; or
(c) airborne chrysotile asbestos in excess of one fibre per cubic centimetre.
(2) Subsection (1) does not apply in respect of concentrations of carbon dioxide or respirable dust in the underground portion of a coal mine.
(3) Where there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in subsection (1), air samples shall be taken and the concentration of the chemical agent shall be determined
(a) in accordance with the standards set out by the American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended for Sampling and Analysis of Atmospheric Contaminants, dated 1958, as amended from time to time;
(b) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February, 1984, as amended from time to time;
(c) in accordance with a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) or (b) were used; or
(d) where no specific standards for the chemical agent are set out in the publications referred to in paragraphs (a) and (b) and no method is available under paragraph (c), in accordance with a scientifically proven method used to collect and analyse a representative sample of the chemical agent.
(4) A written or computerized record of each test made pursuant to subsection (3) shall be kept by the employer at the employer’s place of business nearest to the work place where the air sample was taken, for a period of three years after the date of the test.
(5) A record referred to in subsection (4) shall include
(a) the date, time and location of the test;
(b) the hazardous substance in respect of which the test was made;
(c) the sampling and testing method used;
(d) the result obtained; and
(e) the name and occupation of the person who made the test.
SOR/88-68, ss. 10, 14; SOR/94-263, s. 37(F); SOR/96-294, s. 2; SOR/98-427, s. 5; SOR/2002-208, s. 43(F).
10.20 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in the work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.
(2) Where a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in the work place, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.
(3) Subsection (2) does not apply in respect of concentrations of methane gas in the underground portion of a coal mine.
SOR/88-68, ss. 11(E), 14(F); SOR/96-294, s. 2.
10.21 (1) Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials where
(a) there is a risk of any person being directly exposed to the jet or where a fire, explosion, injury or health hazard is likely to result from such use; or
(b) such use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraphs 10.19(1)(a) and (c) or the limits referred to in subsections 10.20(1) and (2).
SOR/88-68, s. 14; SOR/88-632, s. 46(F); SOR/90-180, s. 1; SOR/96-294, s. 2; SOR/98-427, s. 6; SOR/2002-208, s. 43(F).
10.22 (1) Compressed air shall not be used for cleaning clothing contaminated with:
(a) asbestos; or
(b) a hazardous substance having an exposure limit referred to in paragraph 10.19(1)(a) or (b) lower than 1 mg/m3.
(2) Where compressed air is used to clean clothing,
(a) appropriate eye protection shall be worn; and
(b) the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69kPa (10 psi) shall be used.
SOR/88-632, s. 47; SOR/90-180, s. 2; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Warnings
10.23 Where reasonably practicable, the employer shall provide automated warning and detection systems where the seriousness of any exposure to a hazardous substance so requires.
SOR/88-68, s. 14; SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Assembly of Pipes
10.24 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be
(a) labelled to identify the hazardous substance transferred therein and, where appropriate, the direction of the flow; and
(b) fitted with valves and other control and safety devices to ensure its safe operation, maintenance and repair.
SOR/96-294, s. 2; SOR/2002-208, s. 43(F).
Explosives
10.25 All blasting using dynamite or other explosives shall be done by a qualified person who, where required under the laws of the province in which the blasting is carried out, holds a blasting certificate or such other authorization as may be required under those laws.
SOR/96-294, s. 2.
