This is an official version.

 

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

 

Table of Regulations

Main Site

How current is this regulation?

 
 

 
   

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1149/96

Workplace Hazardous Materials Information
System (WHMIS) Regulations

under the
Occupational Health and Safety Act
(O.C. 96-478)

Amended by:

72/05

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1149/96

Workplace Hazardous Materials Information
System (WHMIS) Regulations

under the
Occupational Health and Safety Act
(O.C. 96-478)

Under the authority of section 65 of the Occupational Health and Safety Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Workplace Hazardous Materials Information System (WHMIS) Regulations.

148/89 s1

Back to Top

Definitions

        2. In these regulations

             (a)  "Act" means the Occupational Health and Safety Act ;

             (b)  "bulk shipment" means a shipment of a controlled product that is contained, without intermediate packaging, in

                      (i)  a vessel with a water capacity of more than 454 litres,

                     (ii)  a freight container, a road vehicle, a railway vehicle, a portable tank, a freight container carried on a road vehicle, a railway vehicle, ship or aircraft or a portable tank carried on a road vehicle, a railway vehicle, ship or aircraft,

                    (iii)  the hold of a ship, or

                    (iv)  a pipeline;

             (c)  "commission" means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act ( Canada );

             (d)  "container" includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or similar package or receptacle;

             (e)  "controlled product" means a product, material or substance specified by the regulations made under paragraph 15(1)(a) of the Hazardous Products Act (Canada) to be included in any of the classes listed in Schedule II of that Act;

              (f)  "Controlled Products Regulations" means the Controlled Products Regulations made under the Hazardous Products Act ( Canada );

             (g)  "fugitive emission" means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from process equipment or from emission control equipment or from a product;

             (h)  "hazard information" means information on the proper and safe use, storage and handling of a controlled product and includes information relating to its toxicological properties;

              (i)  "hazardous waste" means a controlled product that is intended for disposal or is sold for recycling or recovery;

              (j)  "label" includes a mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper;

             (k)  "laboratory sample" means, in respect of a controlled product, 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

                      (i)  by the laboratory for testing other products, materials or substances, or

                     (ii)  for education or demonstration purposes;

              (l)  "manufactured article" means an 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;

            (m)  "material safety data sheet" means a document meeting the requirements of theControlled Products Regulations;

             (n)  "medical professional" means a person who is

                      (i)  licensed to practise medicine, or

                     (ii)  registered as a registered nurse

under the laws of the province in which the person is carrying on his or her profession;

             (o)  "product identifier" means, in respect of a controlled product, the brand name, code name or code number specified by a supplier or the chemical name, common name, generic name or trade name;

             (p)  "readily available" means present in an appropriate place in a physical copy form that can be handled;

             (q)  "research and development" 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

                      (i)  applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

                     (ii)  development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or controlled products;

              (r)  "risk phrase" means, in respect of a controlled product or a class or division of controlled products, a statement identifying a hazard that may arise from the nature of the controlled product or the class or division of controlled products;

             (s)  "supplier label" means a label provided by a supplier disclosing the information and displaying the hazard symbols referred to in paragraph 13(b) of the Hazardous Products Act (Canada);

              (t)  "supplier material safety data sheet" means a material safety data sheet provided by a supplier disclosing the information referred to in subparagraphs 13(a)(i) to (v) of the Hazardous Products Act (Canada); and

             (u)  "workplace label" means a label which discloses

                      (i)  a product identifier which is identical to that found on the material safety data sheet of the corresponding controlled product,

                     (ii)  information for the safe handling of the controlled product, and

                    (iii)  that a material safety data sheet, if supplied or produced, is available.

148/89 s2

Back to Top

Application

        3. (1) These regulations apply to employers and workers in respect of controlled products used, stored and handled at a workplace.

             (2)  Notwithstanding subsection (1), the provisions of these regulations in respect of a supplier label and a material safety data sheet do not apply where the controlled product is any

             (a)  explosive within the meaning of the Explosives Act ( Canada );

             (b)  cosmetic, device, drug or food within the meaning of the Food and Drugs Act ( Canada );

             (c)  control product within the meaning of the Pest Control Products Act ( Canada );

             (d)  prescribed substance within the meaning of the Atomic Energy Control Act ( Canada ); or

             (e)  product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

             (3)  Notwithstanding subsection (1), these regulations do not apply where the controlled product is

             (a)  wood or a product made of wood;

             (b)  tobacco or a product made of tobacco;

             (c)  a manufactured article; or

             (d)  being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act ( Canada ) or the Dangerous Goods Transportation Act.

             (4)  Notwithstanding subsection (1), these regulations do not apply to a hazardous waste except that the employer shall ensure the safe storage and handling of a hazardous waste generated at that workplace through the combination of a mode of identification and worker education.

148/89 s3

Back to Top

Prohibition

        4. (1) An employer shall ensure that a controlled product is not used, stored or handled in a workplace unless all of the applicable requirements of these regulations in respect of labels, identifiers, material safety data sheets and worker education are complied with.

             (2)  Notwithstanding subsection (1), an employer may store a controlled product in a workplace while actively seeking information required by these regulations.

148/89 s4

Back to Top

Worker education

        5. (1) An employer shall ensure that a worker who works with a controlled product or in proximity to a controlled product is informed about all hazard information received from a supplier concerning that controlled product as well as any further hazard information of which the employer is aware or ought to be aware concerning the use, storage and handing of that controlled product.

             (2)  Where a controlled product is produced in a workplace, an employer shall ensure that a worker who works with that controlled product or in proximity to that controlled product is informed about all hazard information of which the employer is aware or ought to be aware concerning that controlled product and its use, storage and handling.

148/89 s5

Back to Top

Instructions to employees

        6. (1) The employer shall ensure that a worker who works with a controlled product or in proximity to a controlled product is instructed in

             (a)  the content required on a supplier label and workplace label, and the purpose and significance of the information contained on it;

             (b)  the content required on a material safety data sheet and the purpose and significance of the information contained on the material safety data sheet;

             (c)  procedures for the safe use, storage, handling and disposal of a controlled product;

             (d)  procedures for the safe use, storage, handling and disposal of a controlled product contained or transferred in

                      (i)  a pipe,

                     (ii)  a piping system including valves,

                    (iii)  a process vessel,

                    (iv)  a reaction vessel, or

                     (v)  a tank car, tank truck, ore car, conveyor belt or similar conveyance;

             (e)  procedures to be followed where fugitive emissions are present; and

              (f)  procedures to be followed in case of an emergency involving a controlled product.

             (2)  An employer shall ensure that the program of worker education required by subsection (1) is developed and implemented

             (a)  for that employer's workplace and related to the workplace's hazard prevention and control program; and

             (b)  in consultation with the joint health and safety committee, the health and safety representative or the workplace health and safety designate.

             (3)  An employer shall ensure, so far as is reasonably practicable, that the program of worker instruction required by subsection (1) results in a worker being able to apply the information as needed to protect the worker's health and safety.

             (4)  The employer shall review at least annually, or more frequently if required by a change in work conditions or available hazard information, and in consultation with the joint health and safety committee, the worker health and safety representative or the workplace health and safety designate, the instruction and training provided to workers concerning controlled products.

148/89 s6; 72/05 s1

Back to Top

Supplier label

        7. (1) An employer shall ensure that the container of a controlled product or a controlled product received at a workplace is labelled with a supplier label.

             (2)  Subject to section 17, as long as an amount of a controlled product remains in a workplace in the container in which it was received from the supplier, an employer shall not remove, deface, modify or alter the supplier label.

             (3)  Where a label applied to a controlled product or a container of a controlled product becomes illegible or is accidentally removed from the controlled product or the container, the employer shall replace the label with either a supplier label or a workplace label.

             (4)  An employer who has received a controlled product in a multi-container shipment where the individual containers have not been labelled by the supplier shall affix to each container a label that meets the requirements of theControlled Products Regulations.

             (5)  Where a controlled product imported under section 23 of the Controlled Products Regulations is received at a place of employment without a supplier label, the employer shall affix a label that meets the requirements of the Controlled Products Regulations.

             (6)  An employer who has received a controlled product transported as a bulk shipment shall

             (a)  affix a supplier label to the container of the controlled product or to the controlled product in the workplace; or

             (b)  where, under section 15 of the Controlled Products Regulations, the supplier is not required to label a controlled product transported as a bulk shipment, an employer shall affix a workplace label to the container of a controlled product or to the controlled product in the workplace.

148/89 s7

Back to Top

Employer-produced products

        8. (1) Where an employer produces a controlled product in a workplace, the employer shall ensure that the controlled product or the container of the controlled product has applied to it a workplace label.

             (2)  For the purpose of subsection (1), produces does not include the production of a fugitive emission.

             (3)  Subsection (1) does not apply when the controlled product is in a container that is intended to contain the controlled product for sale or disposition and the container is or is about to be appropriately labelled.

148/89 s8

Back to Top

Decanted products

        9. (1) Where a controlled product in a workplace is in a container other than the container in which it was received from a supplier, the employer shall ensure that the container has applied to it a workplace label.

             (2)  Subsection (1) does not apply to a portable container that is filled directly from a container that has applied to it a supplier label or workplace label

             (a)  if the controlled product

                      (i)  is under the control of and is used exclusively by the employee who filled the portable container,

                     (ii)  is used only during the shift in which the portable container was filled, and

                    (iii)  the content of the container is clearly identified; or

             (b)  if all of the controlled product is required for immediate use.

148/89 s9

Back to Top

Controlled product in piping systems and vessels

     10. Where a controlled product in a workplace is contained or transferred in

             (a)  a pipe;

             (b)  a piping system including valves;

             (c)  a process vessel;

             (d)  a reaction vessel; or

             (e)  a tank car, tank truck, ore car, conveyor belt or similar conveyance,

the employer shall ensure the safe use, storage and handling of the controlled product through worker education and the use of colour coding, labels, placards or a mode of identification.

148/89 s10

Back to Top

Placard identifiers

     11. Notwithstanding sections 7, 8 and 9, where the controlled product is

             (a)  not in a container;

             (b)  in a container or in a form intended for export; or

             (c)  in a container that is intended to contain the controlled product for sale or distribution and the container

                      (i)  is not about to be appropriately labelled as referred to in subsection 8(3), and

                     (ii)  is to be appropriately labelled within the normal course of the employer's business and without undue delay,

the employer may fulfil the labelling requirements under sections 7, 8 and 9 by posting a placard which

             (d)  discloses the information required for a workplace label; and

             (e)  is of a size and in a location at the storage place that the information is conspicuous and clearly legible to workers.

148/89 s11

Back to Top

Laboratory labels

     12. (1) Where a controlled product

             (a)  originates from a laboratory supply house;

             (b)  is intended by the employer solely for use in a laboratory; and

             (c)  is packaged in a container in a quantity of less than 10 kilograms,

a label provided by the supplier and affixed to the container of the controlled product received at a workplace complies with the requirements of section 7 with respect to a supplier label if it discloses the following information:

             (d)  a product identifier;

             (e)  where a material safety data sheet is available, a statement indicating that fact; and

              (f)  the following information that is applicable to the product

                      (i)  risk phrases,

                     (ii)  precautionary measures, and

                    (iii)  first aid measures.

             (2)  Where a sample of a product that is a controlled product or that an employer has reason to believe may be a controlled product

             (a)  is contained in a container that contains less than 10 kilograms of the product;

             (b)  is intended by the employer solely for analysis, testing or evaluation in a laboratory; and

             (c)  is 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,

a label provided by the supplier and affixed to the container of the product received at the workplace complies with the requirements of section 7 with respect to a supplier label if it discloses the following information:

             (d)  the product identifier;

             (e)  the chemical identity or generic chemical identity of an ingredient of the controlled product referred to in subparagraphs 13(a)(i) to (v) of the Hazardous Products Act (Canada), if known to the supplier or the employer;

              (f)  the supplier identifier;

             (g)  the statement "Hazardous Laboratory Sample, for hazard information or in an emergency call number disclosed under paragraph (h)";

             (h)  an emergency telephone number of the supplier that will enable

                      (i)  a user of the controlled product to obtain hazard information in respect of the controlled product, and

                     (ii)  a physician or nurse to obtain information in respect of the controlled product that is referred to in paragraph 13(a) of the Hazardous Products Act (Canada) and is in the possession of the supplier for the purpose of making a medical diagnosis of, or rendering treatment to, a person in an emergency.

             (3)  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 workplace, the employer is exempt from the requirement of section 9 if the controlled product

             (a)  either

                      (i)  originates from a laboratory supply house, or

                     (ii)  is a laboratory sample;

             (b)  is intended by the employer solely for use, analysis, testing or evaluation in a laboratory; and

             (c)  is clearly identified through a combination of

                      (i)  a mode of identification visible to employees at the workplace, and

                     (ii)  employee education required by these regulations,

but the employer shall ensure that the mode of identification and employee education used enables the employees to readily identify and obtain either the information required on a material safety data sheet or a label or document disclosing the information referred to in paragraphs (2)(d) to (h) with respect to the controlled product or the sample.

             (4)  Where a controlled product is produced in a laboratory, the employer is exempt from the requirements of sections 8 and 9 if the controlled product

             (a)  is intended by the employer solely for evaluation, analysis or testing for research and development;

             (b)  is not removed from the laboratory; and

             (c)  is clearly identified through a combination of

                      (i)  a mode of identification visible to employees at the workplace, and

                     (ii)  employee education required by these regulations,

but the employer shall ensure that the mode of identification and employee education used enables employees to readily identify and obtain either the information required on a material safety data sheet, if one has been produced, or other information as is necessary to ensure the safe use, storage and handling of the controlled product.

148/89 s12

Back to Top

Supplier material safety data sheets

     13. (1) An employer who acquires a controlled product for use at a workplace shall obtain a supplier material safety data sheet in respect of that controlled product.

             (2)  Where a supplier material safety data sheet obtained under subsection (1) in respect of a controlled product is 3 years old, the employer shall, if possible, obtain from the supplier an up-to-date supplier material safety data sheet in respect of that controlled product in the workplace at that time.

             (3)  Where the employer is unable to obtain a material safety data sheet as required by subsection (2), the employer shall add new hazard information applicable to that controlled product to the existing supplier material safety data sheet on the basis of the ingredients disclosed in that document.

             (4)  The employer may provide at a workplace a material safety data sheet in a format different from the format provided by the supplier or containing additional hazard information if the material safety data sheet provided by the employer

             (a)  subject to section 17, contains no less content than the supplier material safety data sheet, or the lesser content that is accepted by the joint health and safety committee; and

             (b)  the supplier material safety data sheet is available at the workplace and the employer provided material safety data sheet indicates that fact.

             (5)  Where a supplier is exempted by sections 9 and 10 of the Controlled Products Regulations from the requirement to provide a material safety data sheet for a controlled product, the employer is exempt from the requirement to obtain and provide a material safety data sheet for that controlled product.

             (6)  Where a controlled product is received at a laboratory and the supplier has provided a material safety data sheet, the employer shall ensure that a copy of the material safety data sheet is readily available to the workers in that laboratory.

             (7)  Where a controlled product is received or produced at a laboratory and the employer has produced a material safety data sheet, the employer shall ensure that the material safety data sheet is readily available to workers in the laboratory.

148/89 s13

Back to Top

Employer material safety data sheets

     14. (1) Where the employer produces a controlled product in the workplace, the employer shall prepare a material safety data sheet in respect of that product which discloses, subject to section 17, the information required under the Controlled Products Regulations.

             (2)  For the purpose of subsection (1), "produces" does not include the production of a fugitive emission or intermediate products undergoing reaction within a reaction or process vessel.

             (3)  An employer shall update the material safety data sheet referred to in subsection (1)

             (a)  as soon as practical but not later than 90 days after new hazard information becomes available to the employer; and

             (b)  at least every 3 years.

148/89 s14

Back to Top

Availability of material safety data sheets

     15. (1) An employer shall ensure that a copy of a material safety data sheet required by section 13 or 14 is

             (a)  made readily available at a worksite to workers who may be exposed to the controlled product; and

             (b)  makes readily available to the joint health and safety committee, the worker health and safety representative, and the workplace health and safety designate.

             (2)  Notwithstanding subsection (1), when an employer is required by subsection (1) to make a material safety data sheet readily available, the material safety data sheet may be made available on a computer terminal if the employer

             (a)  takes all reasonable steps to keep the terminal in active working order;

             (b)  makes the material safety data readily available on the request of an employee; and

             (c)  provides training in accessing the computer-stored material safety data sheets to

                      (i)  an employee working at a worksite where the material safety data sheet is available on a computer terminal, and

                     (ii)  members of the joint health and safety committee, a worker health and safety representative or a workplace health and safety designate.

148/89 s15; 72/05 s2

Back to Top

Deletions from a material safety data sheet

     16. Where an employer claims an exemption from a requirement to disclose information under section 17, the employer may delete from the material safety data sheet provided in accordance with sections 13 and 14, for the time period prescribed by subsection 17(4), the information that is the subject of the claim but may not delete hazard information.

148/89 s16

Back to Top

Confidential business information

     17. (1) An employer who is required under these regulations to disclose on a label or a material safety data sheet

             (a)  the chemical identity or concentration of an ingredient of a controlled product;

             (b)  the name of a toxicological study that identifies an ingredient of a controlled product;

             (c)  the chemical name, common name, generic name, trade name or brand name of a controlled product; or

             (d)  information that could be used to identify a supplier of a controlled product

may, if the employer considers the information to be confidential business information, claim an exemption from the requirement to disclose that information.

             (2)  The claim under subsection (1) shall be made to the commission established under theHazardous Materials Information Review Act (Canada) and shall be filed in accordance with the procedure established under that Act and the regulations made under it.

             (3)  Under section 32 of the Hazardous Materials Information Review Act (Canada), the commission shall exercise the powers and perform the functions specified in that Act and the procedures prescribed by regulations under that Act in respect of the claim made under subsection (1).

             (4)  Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (1) until the claim is finally determined by the commission and for a period of 3 years after that if the claim is found to be valid.

             (5)  An employer who makes a claim under subsection (1) shall abide by decisions of the commission and orders of the commission.

             (6)  Appeals of decisions made by the commission will lie exclusively with the procedures established under the Hazardous Materials Information Review Act (Canada).

148/89 s17

Back to Top

Hazardous Materials Information Review Act

     18. (1) An employer who, under section 17, files a claim for exemption from a requirement to disclose information in respect of a controlled product on a material safety data sheet or on a label shall disclose on the material safety data sheet and, where applicable, on the label of the controlled product or container in which the controlled product is packaged the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada).

             (2)  The requirements of subsection (1) apply in respect of an employer who receives notice of a decision that the claim for exemption is valid

             (a)  where there is no appeal of the decision, for a period not exceeding 30 days after the expiry of the appeal period; and

             (b)  where there is an appeal of the decision, for a period not exceeding 30 days after expiry of the appeal period in respect of the decision on appeal, if there is no appeal of that decision.

148/89 s18

Back to Top

Notice of exemption

     19. An employer who receives notice of a decision made under the Hazardous Materials Information Review Act (Canada) that his or her claim or a portion of his or her claim for exemption from a requirement to disclose information in respect of a controlled product on a material safety data sheet or a label is valid shall, during the period beginning not more than 30 days after the final disposition of the claim and ending on the last day of the exemption period, in respect of the sale or importation of the controlled product or a controlled product having the same product identifier, disclose on the material safety data sheet and, where applicable, on the label of the controlled product or container in which the controlled product is packaged the following information:

             (a)  a statement that an exemption has been granted;

             (b)  the date of the decision granting the exemption; and

             (c)  the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada).

148/89 s19

Back to Top

Confidentiality of information

     20. (1) Where an official of the government of the province obtains information from the commission under paragraph 46(2)(e) of the Hazardous Materials Information Review Act (Canada), the official to whom the information is communicated shall keep the information confidential and shall not disclose the information to a person except for the purposes of the administration or enforcement of the Act and regulations made under it.

             (2)  A person to whom information is disclosed under subsection (1) shall keep the information confidential.

148/89 s20

Back to Top

Disclosure in medical emergencies

     21. (1) An employer shall, in respect of a controlled product present or which was present in the workplace, provide the information respecting the controlled product, including confidential business information, as is in the possession of the employer, to a medical professional who requests information on the controlled product for rendering medical treatment to a person in an emergency.

             (2)  A person to whom information is provided by an employer under subsection (1) shall not communicate or disclose the information to another person except as may be necessary for the purposes mentioned in that subsection.

             (3)  A person to whom information is disclosed under subsection (2) shall keep the information confidential.

148/89 s21

Back to Top

Other disclosure prohibited

     22. A person shall not use, disclose or release information protected as confidential business information under these regulations except as provided by sections 20 and 21.

148/89 s22

Back to Top

Disclosure of source of toxicological data

     23. Subject to the Hazardous Materials Information Review Act (Canada), an employer who manufactures a controlled product in a workplace shall, at the request of

             (a)  an occupational health and safety inspector;

             (b)  the occupational health and safety committee;

             (c)  worker health and safety representative;

          (c.1)  the workplace health and safety designate;

             (d)  a concerned worker at the site; or

             (e)  in the absence of an occupational health and safety committee, a worker health and safety representative or a workplace health and safety designate, at the request of the representative of the workers at the site,

disclose as quickly as possible under the circumstances the source of toxicological data used in preparing the material safety data sheet in application of subsection 14(1).

148/89 s23; 72/05 s3

Back to Top

Repeal

      24. The Workplace Hazardous Materials Information System (WHMIS) Regulations, 1989, Newfoundland Regulation 148/89, are repealed.