Nickel & Its Uses
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Appendix D - 1

-- Mar. '98

Labeling and Materials Safety Data Sheets - Canada

The Hazardous Products Act and Controlled Products Regulations (CPR) in Canada specify the criteria and the requirements for the content of labels and material safety data sheets (MSDS) as part of the Workplace Hazardous Materials Information System (WHMIS).

WHMIS legislation establishes a nationwide information standard to better protect Canadian workers regularly exposed to hazardous materials on the job.

WHMIS Hazard Classification
Under WHMIS, hazardous materials, or controlled products as they are referred to in the Hazardous Products Act, are defined as pure substances and/or mixtures of substances that meet or exceed WHMIS hazardous criteria. Their criteria are set out in Schedule II of the federal Hazardous Products Acts.

Hazardous materials covered by WHMIS are grouped into distinct classes and subclasses. These classes and subclasses and their corresponding hazard symbols are given in Appendix D - 2.

WHMIS Communication System
WHMIS is a communication system composed of three inter-related and equally important elements:

1. Labels

2. Material Safety Data Sheets (MSDS)

3. Worker training/education programs

The basis of these components is information and data provided by producers, suppliers or importers. This information is then applied by users according to the particular conditions and use of hazardous materials in a given workplace.

Duties of Employers
An employer in charge of a work site where hazardous materials/controlled products are used has duties relating to:

1. The labeling of hazardous materials/controlled products,

2. MSDSs for hazardous materials/controlled products, and

3. Worker training/education.

Labeling
The Hazardous Products Act requires that suppliers provide cautionary labels on containers of hazardous materials as conditions of sale and importation. A "supplier" is any person who is a manufacturer, processor or packager of a controlled product or a person who, in the course of his/her business, imports, packages or sells a controlled product.

The WHMIS label information will be contained within a distinctive WHMIS border (see Appendix

D - 3) to distinguish it from any other labeling on a container. Supplier labels are to be in both official languages.

The minimum content required by regulations for the supplier is also illustrated in Appendix D - 3.

If a hazardous material/controlled product is transferred from the supplier container, into another container, the employer must ensure that the container into which the material is transferred has a workplace label. Workplace labels are also required for hazardous materials/controlled products which are produced in the workplace or which arrive from the supplier in bulk without a supplier label and where the supplier label has become illegible or has been accidentally removed.

Only three information categories are required on a workplace label:

1. A Product Identifier
Means the common name, chemical name, trade name, generic name, brand name, code name, or code number of a controlled material.

2. Safe Handling Instructions
Information and instructions for the safe handling of a controlled product.

3. A statement indicating that a "Material Safety Data Sheet" is available

Unlike the supplier label, there are no WHMIS design requirements for the workplace label. However, it is important that the label be easily identified and readable, be placed where it can be seen by workers and is written in English and any other languages as may be prescribed.

Wherever a workplace label is not practicable, a workplace identifier may be permitted. Workplace identifiers are meant to ensure that workers recognize the presence of a hazardous material by means of color coding of containers, warning signs, symbols etc. Depending upon the nature of the product, they must clearly identify the product.

Workplace identifiers may be used under the following circumstances:

  • Hazardous materials/controlled products in pipes, piping systems, process or reaction tank, ore car, conveyor belt or similar conveyance;

  • Hazardous waste generated in the workplace;

  • Hazardous materials/controlled product not in a container; or hazardous material/controlled product in a container or form intended for export;

  • Hazardous material/controlled product is decanted into a portable container which does not require a workplace label;

  • Worker education program in place to ensure identification of the materials and its safe handling.

    Material Safety Data Sheets
    Material Safety Data Sheets, as required by WHMIS regulations are intended to supplement the information on labels with more detailed information about hazards, possible health effects and protective measures. The information provided is expected to be comprehensive and must include what can reasonably be expected to be known about the material and the hazards it may present. This includes data required to provide effective engineering controls, safe work procedures, choice of proper personal protective equipment, procedures to be followed in the case of emergencies and data for monitoring workplace conditions and the health of exposed workers.

    The name and concentration of an ingredient would be disclosed on the Material Safety Data Sheet if it comes within one of the following categories:

  • an ingredient which falls within the WHMIS hazard criteria,

  • an ingredient about which nothing is known with respect to its toxicological properties,

  • an ingredient on the WHMIS ingredient disclosure list, or

  • an ingredient which a supplier has any reason to think may be harmful.

    A supplier Material Safety Data Sheet must be provided to an employer on or before the date of the first shipment of a hazardous material. Suppliers must routinely review, update and reissue Material Safety Data Sheets every three years, or sooner, if necessitated by changes in data or information available on the hazardous material. Supplier Material Safety Data Sheets must be available in both official languages.

    Employer produced Material Safety Data Sheets to be required by occupational safety and health legislation can also be developed, but are to contain no fewer categories of information than the supplier Material Safety Data Sheet which will bear a reference to the supplier Material Safety Data Sheet. Both must be readily accessible in the workplace.

    The current CPR specify that MSDS information be provided under 9 headings. However, regulatory authorities will accept the 16 headings format used in the ANSI Standard, (see Appendix D - 4) provided that all the required information items specified in Schedule 1, Column 3 of the CPR are addressed. These information items are contained as sub-headings under the 16 headings in Appendix D - 5.

    The information items described must be provided by the supplier, if the information is available to the supplier and applicable to the product. If no information is available or applicable, the sub-heading need to be contained in the MSDS.

    If no information is available or applicable for the complete section heading, then a statement must be made either "Not Available" or "Not Applicable".
    The supplier must provide the MSDS in English and in French, either on a single MSDS or on two separate MSDSs. The language version shall be specified by the purchaser or, when not specified, shall be provided in the language used in the course of the product sale to the purchaser.

    The location of specific sub-headings under the 16 headings is an example only. Some sub-headings may be relocated under other headings and still be acceptable for WHMIS compliance purposes.

    Reference must be made to the CPR for specific details regarding MSDSs, e.g., the Ingredient Disclosure List, not covered in this Annex.

    Procedures for the protection of trade secret ingredient information are regulated under the Hazardous Materials Information Review Act and Regulations.

    Appendix D - 1 -- Mar. '98
    Labeling and Materials Safety Data Sheets - Canada

    The Hazardous Products Act and Controlled Products Regulations (CPR) in Canada specify the criteria and the requirements for the content of labels and material safety data sheets (MSDS) as part of the Workplace Hazardous Materials Information System (WHMIS).

    WHMIS legislation establishes a nationwide information standard to better protect Canadian workers regularly exposed to hazardous materials on the job.

    WHMIS Hazard Classification
    Under WHMIS, hazardous materials, or controlled products as they are referred to in the Hazardous Products Act, are defined as pure substances and/or mixtures of substances that meet or exceed WHMIS hazardous criteria. Their criteria are set out in Schedule II of the federal Hazardous Products Acts.

    Hazardous materials covered by WHMIS are grouped into distinct classes and subclasses. These classes and subclasses and their corresponding hazard symbols are given in Appendix D - 2.

    WHMIS Communication System
    WHMIS is a communication system composed of three inter-related and equally important elements:

    1. Labels

    2. Material Safety Data Sheets (MSDS)

    3. Worker training/education programs

    The basis of these components is information and data provided by producers, suppliers or importers. This information is then applied by users according to the particular conditions and use of hazardous materials in a given workplace.

    Duties of Employers
    An employer in charge of a work site where hazardous materials/controlled products are used has duties relating to:

    1. The labeling of hazardous materials/controlled products,

    2. MSDSs for hazardous materials/controlled products, and

    3. Worker training/education.

    Labeling
    The Hazardous Products Act requires that suppliers provide cautionary labels on containers of hazardous materials as conditions of sale and importation. A "supplier" is any person who is a manufacturer, processor or packager of a controlled product or a person who, in the course of his/her business, imports, packages or sells a controlled product.

    The WHMIS label information will be contained within a distinctive WHMIS border (see Appendix

    D - 3) to distinguish it from any other labeling on a container. Supplier labels are to be in both official languages.

    The minimum content required by regulations for the supplier is also illustrated in Appendix D - 3.

    If a hazardous material/controlled product is transferred from the supplier container, into another container, the employer must ensure that the container into which the material is transferred has a workplace label. Workplace labels are also required for hazardous materials/controlled products which are produced in the workplace or which arrive from the supplier in bulk without a supplier label and where the supplier label has become illegible or has been accidentally removed.

    Only three information categories are required on a workplace label:

    1. A Product Identifier
    Means the common name, chemical name, trade name, generic name, brand name, code name, or code number of a controlled material.

    2. Safe Handling Instructions
    Information and instructions for the safe handling of a controlled product.

    3. A statement indicating that a "Material Safety Data Sheet" is available

    Unlike the supplier label, there are no WHMIS design requirements for the workplace label. However, it is important that the label be easily identified and readable, be placed where it can be seen by workers and is written in English and any other languages as may be prescribed.

    Wherever a workplace label is not practicable, a workplace identifier may be permitted. Workplace identifiers are meant to ensure that workers recognize the presence of a hazardous material by means of color coding of containers, warning signs, symbols etc. Depending upon the nature of the product, they must clearly identify the product.

    Workplace identifiers may be used under the following circumstances:

    • Hazardous materials/controlled products in pipes, piping systems, process or reaction tank, ore car, conveyor belt or similar conveyance;

    • Hazardous waste generated in the workplace;

    • Hazardous materials/controlled product not in a container; or hazardous material/controlled product in a container or form intended for export;

    • Hazardous material/controlled product is decanted into a portable container which does not require a workplace label;

    • Worker education program in place to ensure identification of the materials and its safe handling.

      Material Safety Data Sheets
      Material Safety Data Sheets, as required by WHMIS regulations are intended to supplement the information on labels with more detailed information about hazards, possible health effects and protective measures. The information provided is expected to be comprehensive and must include what can reasonably be expected to be known about the material and the hazards it may present. This includes data required to provide effective engineering controls, safe work procedures, choice of proper personal protective equipment, procedures to be followed in the case of emergencies and data for monitoring workplace conditions and the health of exposed workers.

      The name and concentration of an ingredient would be disclosed on the Material Safety Data Sheet if it comes within one of the following categories:

    • an ingredient which falls within the WHMIS hazard criteria,

    • an ingredient about which nothing is known with respect to its toxicological properties,

    • an ingredient on the WHMIS ingredient disclosure list, or

    • an ingredient which a supplier has any reason to think may be harmful.

      A supplier Material Safety Data Sheet must be provided to an employer on or before the date of the first shipment of a hazardous material. Suppliers must routinely review, update and reissue Material Safety Data Sheets every three years, or sooner, if necessitated by changes in data or information available on the hazardous material. Supplier Material Safety Data Sheets must be available in both official languages.

      Employer produced Material Safety Data Sheets to be required by occupational safety and health legislation can also be developed, but are to contain no fewer categories of information than the supplier Material Safety Data Sheet which will bear a reference to the supplier Material Safety Data Sheet. Both must be readily accessible in the workplace.

      The current CPR specify that MSDS information be provided under 9 headings. However, regulatory authorities will accept the 16 headings format used in the ANSI Standard, (see Appendix D - 4) provided that all the required information items specified in Schedule 1, Column 3 of the CPR are addressed. These information items are contained as sub-headings under the 16 headings in Appendix D - 5.

      The information items described must be provided by the supplier, if the information is available to the supplier and applicable to the product. If no information is available or applicable, the sub-heading need to be contained in the MSDS.

      If no information is available or applicable for the complete section heading, then a statement must be made either "Not Available" or "Not Applicable".
      The supplier must provide the MSDS in English and in French, either on a single MSDS or on two separate MSDSs. The language version shall be specified by the purchaser or, when not specified, shall be provided in the language used in the course of the product sale to the purchaser.

      The location of specific sub-headings under the 16 headings is an example only. Some sub-headings may be relocated under other headings and still be acceptable for WHMIS compliance purposes.

      Reference must be made to the CPR for specific details regarding MSDSs, e.g., the Ingredient Disclosure List, not covered in this Annex.

      Procedures for the protection of trade secret ingredient information are regulated under the Hazardous Materials Information Review Act and Regulations.

 

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