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Newfoundland and Labrador
Regulation 2018


NEWFOUNDLAND AND LABRADOR REGULATION 34/18 NEWFOUNDLAND AND LABRADOR

NEWFOUNDLAND AND LABRADOR
REGULATION 34/18

Workplace Hazardous Materials Information
System (WHMIS) Regulations, 2018
under the
Occupational Health and Safety Act
(O.C. 2018- 083)

(Filed May4, 2018)

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

Dated at St. John’s, May 4, 2018.

Elizabeth Day
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Prohibition

        5.   Worker education and training

        6.   Instructions to workers

        7.   Supplier label

        8.   Employer-produced products

        9.   Decanted products

      10.   Hazardous product in piping systems and vessels

      11.   Placard identifiers

      12.   Laboratory labels

      13.   Supplier safety data sheets

      14.   Employer safety data sheets

      15.   Availability of safety data sheets

      16.   Notice of significant new data

      17.   Deletions from a safety data sheet

      18.   Confidential business information

      19.   Hazardous Materials Information Review Act (Canada)

      20.   Notice of exemption

      21.   Compliance where claim filed

      22.   Confidentiality of information

      23.   Disclosure of information in medical emergencies

      24.   Other disclosure prohibited

      25.   Disclosure of source of toxicological data

      26.   Transitional

      27.   Repeal

      28.   Commencement


Short title

        1. These regulations may be cited as the Workplace Hazardous Materials Information System (WHMIS) Regulations, 2018.

Definitions

        2. In these regulations

             (a)  "bulk shipment" means a shipment of a hazardous product that is contained, without intermediate containment or intermediate packaging, in

                      (i)  a vessel that has a water capacity equal to or greater than 450 litres,

                     (ii)  a freight container, a road vehicle, a railway vehicle or a portable tank,

                    (iii)  the hold of a ship, or

                    (iv)  a pipeline;

             (b)  "CAS registry number" means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;

             (c)  "category" includes a subcategory;

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

             (e)  "education" means the delivery of general information to workers including information applicable to more than one workplace or job;

             (f)  "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 to which workers may be readily exposed;

             (g)  "hazard information" means information on the proper and safe use, storage and handling of a hazardous product and includes information relating to its health and physical hazards;

             (h)  "hazardous product" means a product, material, mixture or substance classified by the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) in a category of a hazard class listed in Schedule 2 of that Act;

              (i)  "Hazardous Products Regulations" means the Hazardous Products Regulations under the Hazardous Products Act (Canada);

              (j)  "hazardous waste" means a hazardous product in the workplace that is acquired or generated for recycling or recovery or is intended for disposal;

             (k)  "health professional" means

                      (i)  a physician who is registered and entitled under the laws of a province to practise medicine and who is practising medicine under those laws in that province, and

                     (ii)  a nurse who is registered or licensed and entitled under the laws of a province to practise nursing and who is practising nursing under those laws in that province;

              (l)  "label" means written, printed or graphic information elements relating to a hazardous product which are designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;

           (m)  "laboratory sample" means a sample of a hazardous product packaged in a container that contains less than 10 kilograms of the hazardous product and is intended solely to be tested in a laboratory but does not include a sample that is to be used

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

                     (ii)  for education or demonstration purposes;

             (n)  "manufactured article" means an article that

                      (i)  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

                     (ii)  when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause a person to be exposed to a hazardous product;

             (o)  "proceedings" has the same meaning as in subsection 19(3) of the Hazardous Materials Information Review Act (Canada);

             (p)  "product identifier" means, in respect of a hazardous product, the brand name, chemical name, common name, generic name or trade name;

             (q)  "readily available" means

                      (i)  present in an appropriate place that is known to the workers,

                     (ii)  accessible to workers at all times, and

                    (iii)  in the form of either a physical copy that can be handled or an electronic copy that is easily available in hard copy to workers likely to be exposed to a hazardous product;

              (r)  "research and development" means a systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than the disclosure of source of toxicological data under section 25;

             (s)  "safety data sheet" means a document that contains the headings required under the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) and information about a hazardous product, including information related to the hazards associated with the use, storage or handling of the hazardous product in the workplace;

              (t)  "significant new data" means new data regarding the hazard presented by a hazardous product that changes its classification in a category of a hazard class or results in its classification in another hazard class, or changes the ways to protect against the hazard presented by the hazardous product;

             (u)  "supplier label" means a label provided by a supplier that contains information elements as required by the Hazardous Products Act (Canada);

             (v)  "supplier safety data sheet" means a safety data sheet provided by a supplier that contains information elements as required by the Hazardous Products Act (Canada);

            (w)  "training" refers to the delivery of workplace and job-specific information to workers; and

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

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

                     (ii)  information for the safe handling of the hazardous product which is conveyed in a manner appropriate to the workplace, and

                    (iii)  that a safety data sheet for the hazardous product, where one has been obtained from a supplier or prepared by the employer, is available.

Application

        3. (1) These regulations apply to employers and workers in respect of hazardous 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 safety data sheet do not apply where the hazardous product is any

             (a)  explosive as defined in section 2 of the Explosives Act (Canada);

             (b)  cosmetic, device, drug or food as defined in section 2 of the Food and Drugs Act (Canada);

             (c)  pest control product as defined in subsection 2(1) of the Pest Control Products Act (Canada);

             (d)  nuclear substance within the meaning of the Nuclear Safety and Control Act (Canada) that is radioactive; or

             (e)  consumer product as defined in section 2 of the Canada Consumer Product Safety Act.

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

             (a)  wood or a product made of wood;

             (b)  tobacco or a tobacco product as defined in section 2 of the Tobacco Act (Canada);

             (c)  a manufactured article; or

             (d)  being transported or handled in accordance with 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 through the combination of a mode of identification and worker training.

Prohibition

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

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

Worker education and training

        5. (1) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is informed about all hazard information received from a supplier concerning that hazardous product as well as any further hazard information of which the employer is aware or ought to be aware concerning the use, storage, handling and disposal of that hazardous product.

             (2)  Where a hazardous product is produced in a workplace, an employer shall ensure that a worker who works with that hazardous product or may be exposed to that hazardous product in the course of his or her work activities is informed about all hazard information of which the employer is aware or ought to be aware concerning that hazardous product and its use, storage, handling and disposal.

Instructions to workers

        6. (1) The employer shall ensure that a worker who may be exposed to a hazardous product in the course of his or her work activities is

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

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

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

             (d)  trained in procedures for the safe use, storage, handling and disposal of a hazardous 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)  trained in procedures to be followed where a fugitive emission is present; and

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

             (2)  An employer shall ensure that the program of worker education and training 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 occupational health and safety committee or the worker health and safety representative.

             (3)  An employer shall ensure, so far as is reasonably practicable, that

             (a)  the program of worker education and training required by subsection (1) results in a worker being able to apply the information as needed to protect the worker's health and safety; and

             (b)  the knowledge of workers is periodically evaluated using written tests, practical demonstrations or other suitable means.

             (4)  The employer shall review at least annually, or more frequently where required by a change in work conditions or available hazard information, and in consultation with the occupational health and safety committee or the worker health and safety representative, the education and training programs that have been developed and implemented to provide to workers the knowledge required to safely use, store, handle and dispose of hazardous products.

Supplier label

        7. (1) An employer shall ensure that a hazardous product or the container in which a hazardous product is packaged that is received at a workplace has a label affixed to it, printed on it or attached to it in accordance with the Hazardous Products Regulations. 

             (2)  Where a hazardous product is in the 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)  The exemptions from the labelling requirements under the Hazardous Products Regulations and section 18, where applicable, shall prevail over subsections (1) and (2).

             (4)  The employer shall update the labels or the information on the container in which a hazardous product is packaged as soon as significant new data is provided to the employer from the supplier.

             (5)  Where a label affixed to, printed on or attached to a hazardous product or a container of a hazardous product becomes illegible or is accidentally removed from the hazardous product or the container, the employer shall replace the label with either a supplier label or a workplace label.

             (6)     Notwithstanding subsection (2), an employer may remove a supplier label under normal conditions of use of the hazardous product where it is in a container that has a capacity of 3 millilitres or less and the label interferes with the normal use of the product.

             (7)  Where a hazardous product is imported or received under the Hazardous Products Regulations at a workplace and that hazardous product does not have a supplier label, the employer shall affix to, print on or attach to it a workplace label that complies with the requirements of the Hazardous Products Regulations.

             (8)  An employer who has received an unpackaged hazardous product or a hazardous product transported as a bulk shipment to or on which, under the exemption in subsection 5.5(2) of the Hazardous Products Regulations, a supplier label has not been affixed, printed or attached, shall affix, print or attach a label having the information required of a supplier label to or on the container of the hazardous product or to or on the hazardous product in the workplace.

Employer-produced products

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

             (2)  The employer shall update the workplace labels as soon as significant new data is available to the employer.

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

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

Decanted products

        9. (1) Where a hazardous 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 where

             (a)  the hazardous product

                      (i)  is under the control of and is used exclusively by the worker 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)  all of the hazardous product is required for immediate use.

Hazardous product in piping systems and vessels

      10. Where a hazardous 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, handling and disposal of the hazardous product through worker training and the use of colour coding, labels, placards or a mode of identification.

Placard identifiers

      11. Notwithstanding sections 7, 8 and 9, where the hazardous 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 hazardous 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.

Laboratory labels

      12. (1) Where subsection 5(5) or (6) of the Hazardous Products Regulations applies to a laboratory sample of a hazardous product, a label provided by the supplier and affixed to, printed on or attached to the container of the product received at the workplace that discloses the following information in place of the information required under paragraph 3(1)(c) or 3(1)(d) of the Hazardous Products Regulations complies with the requirements of section 7 of these regulations:

             (a)  the chemical name or generic chemical name of a material or substance in the hazardous product that, individually, is classified, under the Hazardous Products Act (Canada) and the Hazardous Products Regulations, in any category of a health hazard class and is present above the relevant concentration limit, or is present at a concentration that results in the mixture being classified in a category of a health hazard class, where known by the supplier; and

             (b)  the statement "Hazardous Laboratory Sample.  For hazard information or in an emergency call / Èchantillon pour laboratoire de produit dangereux.  Pour obtenir des renseignements sur les dangers ou en cas d'urgence, composez" followed by an emergency telephone number which will allow a person to obtain the information that is required to be disclosed on the safety data sheet of the hazardous product.

             (2)  Where a hazardous product is in a container other than the container in which it was received from a supplier or is produced in the workplace or in a laboratory, the employer is exempt from the requirement of sections 8 and 9 if

             (a)  the hazardous product is

                      (i)  a laboratory sample,

                     (ii)  intended by the employer solely for use, analysis, testing, research and development, or evaluation in a laboratory,

                    (iii)  not removed from the laboratory, and

                    (iv)  clearly identified by a mode of identification visible to workers at the workplace; and

             (b)  workers are educated and trained in respect of the safe use, storage, handling and disposal of the hazardous product and the mode of identification.

             (3)  The employer shall ensure that the mode of identification and worker education and training used under subparagraph (2)(a)(iv) and paragraph (2)(b) enable the workers to readily identify and obtain one or more of the following:

             (a)  the information required on a safety data sheet;

             (b)  a label or document disclosing the information referred to in paragraphs (1)(a) and (b) with respect to the hazardous product or laboratory sample; or

             (c)  other information necessary to ensure the safe use, storage, handling and disposal of the hazardous product or laboratory sample.

Supplier safety data sheets

      13. (1) An employer who acquires a hazardous product for use, storage or handling at a workplace shall obtain a supplier safety data sheet in respect of that hazardous product that complies with the requirements of the Hazardous Products Regulations.

             (2)  Where a supplier safety data sheet obtained for a hazardous product in the workplace under subsection (1) is 3 or more years old, the employer shall, where possible, obtain from the supplier an up-to-date supplier safety data sheet in respect of that hazardous product.

             (3)  Subsection (2) shall not apply where

             (a)  the supplier advises the employer that the new safety data sheet no longer applies to the original product; or

             (b)  the employer has obtained written confirmation from the supplier that the safety data sheet has not changed.

             (4)  Where the employer is unable to obtain a safety data sheet as required under subsection (2), the employer shall add significant new data applicable to that hazardous product that he or she is aware of or ought to be aware of to the existing supplier safety data sheet.

             (5)  Notwithstanding subsection (1), the employer may provide at a workplace a safety data sheet in a format different from the supplier safety data sheet where the safety data sheet

             (a)  complies with section 18 or discloses less information than is required on the supplier safety data sheet where it is approved by the occupational health and safety committee or the worker health and safety representative; and

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

             (6)  Where a supplier is exempted under the Hazardous Products Regulations from the requirement to provide a safety data sheet for a hazardous product, the employer is exempt from the requirement to obtain and provide a safety data sheet for that hazardous product.

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

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

Employer safety data sheets

      14. (1) Where the employer produces a hazardous product in the workplace, the employer shall prepare a safety data sheet in respect of that product which discloses, subject to section 18 of these regulations and Part 5 of the Hazardous Products Regulations, the information required under the Hazardous Products Regulations.

             (2)  An employer shall update the safety data sheet referred to in subsection (1) as soon as practical but not later than 90 days after significant new data becomes available to the employer.

             (3)  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.

Availability of safety data sheets

      15. An employer shall ensure that

             (a)  a copy of a safety data sheet required by section 13 or 14 is made readily available at a workplace to workers who may be exposed to the hazardous product;

             (b)  a copy of a safety data sheet required by section 13 or 14 is made readily available to the occupational health and safety committee or to the worker health and safety representative; and

             (c)  the occupational health and safety committee or the worker health and safety representative is consulted on how to best achieve accessibility of safety data sheets in the workplace.

Notice of significant new data

      16. The employer shall notify the workers and the occupational health and safety committee or the worker health and safety representative of significant new data regarding a hazardous product as soon as possible after the supplier advises the employer or the employer becomes aware of the significant new data.

Deletions from a safety data sheet

      17. Where an employer claims an exemption from a requirement to disclose information under section 18, the employer may delete from the safety data sheet prepared in accordance with sections 13 and 14, for the time period prescribed by subsection 18(4), the information that is the subject of the claim but shall not delete hazard information.

Confidential business information

      18. (1) An employer who is required under these regulations to disclose any of the following information on a label or a safety data sheet may, where the employer considers it to be confidential business information, claim an exemption from the requirement to disclose that information:

             (a)  in the case of a material or substance that is a hazardous product,

                      (i)  the chemical name of the material or substance,

                     (ii)  the CAS registry number, or any other unique identifier, of the material or substance, and

                    (iii)  the chemical name of an impurity, stabilizing solvent or stabilizing additive that is present in the material or substance that is classified in a category of a health hazard class under the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the health hazard class under that Act;

             (b)  in the case of an ingredient that is in a mixture that is a hazardous product,

                      (i)  the chemical name of the ingredient,

                     (ii)  the CAS registry number, or any other unique identifier, of the ingredient, and

                    (iii)  the concentration or concentration range of the ingredient;

             (c)  in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

             (d)  the product identifier of a hazardous product;

             (e)  information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

             (f)  information that could be used to identify a supplier of a hazardous product.

             (2)  A claim under subsection (1) shall be made under the Hazardous 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 47 of the Hazardous Materials Information Review Act (Canada), the federal Minister of Health 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 final disposition of the proceedings in relation to the claim 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 and orders issued under the Hazardous Materials Information Review Act (Canada).

             (6)  Appeals of decisions and orders made under the Hazardous Materials Information Review Act (Canada) lie exclusively with the procedures established under that Act.

Hazardous Materials Information Review Act (Canada)

      19. (1) An employer who, under section 18, files a claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or on a label shall disclose on the safety data sheet and, where applicable, on the label of the hazardous product or container in which the hazardous product is packaged

             (a)  a statement that a claim for an exemption from that requirement has been filed;

             (b)  the date that the claim for exemption was filed; and

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

             (2)  The requirements under subsection (1) apply,

             (a)  in the case that an order was issued by a screening officer under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act (Canada), until the end of the period that begins on the final disposition of the proceedings in relation to the claim for exemption and does not exceed the period specified in the order; or

             (b)  in any other case, until the end of the period not exceeding 30 days after the final disposition of the proceedings in relation to the claim for exemption.

Notice of exemption

      20. An employer who receives notice of a decision made under the Hazardous Materials Information Review Act (Canada) that all or part of his or her claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or a label is valid shall, during the period beginning no later than the end of the applicable period specified in subsection 19(2) and on compliance with any order issued under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act (Canada), where applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product or container in which the hazardous product is packaged, disclose 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).

Compliance where claim filed

      21. (1) Where an employer produces a hazardous product in the workplace and files a claim for exemption under paragraph 11(2)(a) or subparagraphs 11(2)(b)(i) or (ii) of the Hazardous Materials Information Review Act (Canada) and the employer prepares a safety data sheet in respect of that hazardous product that discloses the following in place of the information elements listed in paragraphs 3(1)(a), (b), (c) and (d) or 3(2)(a), (b) and (c) of Schedule 1 to the Hazardous Products Regulations, the employer is compliant with subsection 14(1) of these regulations:

             (a)  in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance; or

             (b)  in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that, individually, is classified in any category of a health hazard class under the Hazardous Products Act (Canada) and is present above the relevant concentration limit or is present at a concentration that results in the mixture being classified in a category of any health hazard class under that Act.

             (2)  Where an employer produces a hazardous product in the workplace and files a claim for exemption under subparagraph 11(2)(b)(iii) of the Hazardous Materials Information Review Act (Canada) and the employer prepares a safety data sheet in respect of that hazardous product that does not disclose the information element listed in paragraph 3(2)(d) of Schedule 1 to the Hazardous Products Regulations, the employer is compliant with subsection 14(1) of these regulations.

             (3)  Where an employer produces a hazardous product in the workplace and files a claim for exemption under paragraph 11(2)(d) of the Hazardous Materials Information Review Act (Canada) and the employer prepares a safety data sheet in respect of that hazardous product that discloses, in place of the product identifier, a code name or code number for the product, the employer is compliant with subsection 14(1) of these regulations.

Confidentiality of information

      22. (1) Where an official of the government of the province obtains information 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 Occupational Health and Safety Act and regulations made under it.

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

Disclosure of information in medical emergencies

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

             (2)  Any information that, by virtue of an exemption under the Hazardous Materials Information Review Act (Canada) or these regulations, is not required to be disclosed on the safety data sheet but has nevertheless been provided by an employer to any health professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in a medical emergency shall be kept confidential, except for the purpose for which it was provided, if the health professional has been informed by the employer that the information is to be kept confidential.

Other disclosure prohibited

      24. A person shall not use, disclose or release information protected as confidential business information under these regulations except as provided by sections 22 and 23.

Disclosure of source of toxicological data

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

             (a)  an officer;

             (b)  a worker at the site;

             (c)  the occupational health and safety committee;

             (d)  a worker health and safety representative; or

             (e)  in the absence of an occupational health and safety committee or a worker health and safety representative, 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 safety data sheet in the application of subsection 14(1).

Transitional

      26. (1) Notwithstanding anything in these regulations, until November 30, 2018,

             (a)  a supplier label that complies with the requirements of a supplier label under the former regulations as if those regulations were still in force shall be considered to comply with these regulations;

             (b)  a supplier safety data sheet that complies with the requirements of a supplier material data sheet under the former regulations as if those regulations were still in force shall be considered to comply with these regulations;

             (c)  a label affixed to, printed on or attached to the container of a laboratory sample that complies with the requirements of a laboratory sample label under the former regulations as if those regulations were still in force shall be considered to comply with these regulations;

             (d)  an employer may prepare a workplace label for a hazardous product that complies with the requirements of a workplace label under the former regulations as if those regulations were still in force and that workplace label shall be considered to comply with these regulations;

             (e)  an employer may prepare a safety data sheet for a hazardous product that complies with the requirements of a material safety data sheet under the former regulations as if those regulations were still in force and that safety data sheet shall be considered to comply with these regulations;

             (f)  the label of a hazardous product that is in the workplace when these regulations come into force shall be considered to comply with these regulations where it complies with the requirements of a label under the former regulations as if those regulations were still in force;

             (g)  the safety data sheet of a hazardous product that is in the workplace when these regulations come into force shall be considered to comply with these regulations where it complies with the requirements of a material safety data sheet under the former regulations as if those regulations were still in force; and

             (h)  workers are not required to be educated and trained in accordance with the requirements of these regulations unless a hazardous product that complies with these regulations is accepted, received, used, stored or handled in that workplace.

             (2)  Notwithstanding anything in these regulations, where there is a hazardous product in a workplace that complies with the former regulations in accordance with this section, workers shall be educated and trained in compliance with those regulations as if they were still in force.

             (3)  In this section, "former regulations" means the Workplace Hazardous Materials Information System (WHMIS) Regulations published under the Occupational Health and Safety Act.

Repeal

      27. The Workplace Hazardous Materials Information System (WHMIS) Regulations, Consolidated Newfoundland and Labrador Regulation 1149/96, are repealed.

Commencement

      28. These regulations come into force 60 days after their publication in the Gazette.