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LEHDER News

New Transition Timelines for Hazardous Products Regulation and WHMIS 2015

     Posted by LEHDER News on

New Transition Timelines for HPR and WHMIS 2015On May 24, 2017, the Workplace Hazardous Materials Bureau issued an electronic notification regarding the delay of the requirement for companies to transition to WHMIS 2015.  The full communication is provided below.

On February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015.

The transition to WHMIS 2015 included a three-stage transition period that is synchronized nationally across federal, provincial and territorial jurisdictions. However, Orders in Council have recently been approved to defer two of the milestones for transition. These Orders will be published in the Canada Gazette Part II shortly. In the interim, suppliers should be aware of the new transition deadlines. Manufacturers and importers now have until June 1, 2018 to comply with the HPR. The deadline of June 1, 2017 has been delayed by one year to June 1, 2018. The second deadline of June 1, 2018 has been delayed by three months to September 1, 2018.

The target deadline set for employers by federal, provincial and territorial (FPT) agencies responsible for occupational safety and health (OSH) in the workplace remains unchanged at December 1, 2018.

For information on employer WHMIS requirements set out by FPT OSH agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. These Orders extend the periods during which suppliers can comply with either the Controlled Products Regulations (WHMIS 1988) or the HPR (WHMIS 2015). The Orders and a Regulatory Impact Analysis Statement (RIAS) will be published in the Canada Gazette Part II shortly.

This Order and the Regulatory Impact Analysis Statement (RIAS), SOR/2017-92 and SOR/2017-93, were published in the Canada Gazette Part II on May 31, 2017. The Gazette publication can be viewed here:

http://www.gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors92-eng.php

http://gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors93-eng.php

If you have any questions in regards to the Hazardous Products Regulation or WHMIS, please contact Mark Roehler.

 

Canada Ratifies WTO Agreement on Trade Facilitation with Act to Amend HPA and CEPA

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Canada Ratifies WTO Agreement with Act Amending CEPA and HPROn December 12, 2016, an Act to Amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make amendments to a related Act, formerly known as Bill C-13, was enacted. This legislation enabled Canada to ratify the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA) on December 16, 2016.

The TFA, which entered into force on February 22, 2017, contains binding commitments for the 164 WTO Members to modernize and simplify border procedures. The legislative amendments contained in this Act relate to two specific provisions of the TFA:

  • Article 10.8.1: Importers may return to exporters goods rejected on account of their failure to meet certain health and technical requirements, unless an alternate way is provided for in laws and regulations.
  • Article 11.8: Technical regulations may not be applied to goods moving through the territory of a WTO Member from a point outside its territory to another foreign point (i.e. goods in transit).

As a result of the legislative changes, the following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA), as follows:

  • Under Article 10.8.1 of the TFA, hazardous chemicals that do not comply with the HPA could be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
  • Under the Hazardous Products Regulations, the sale and importation of hazardous products that are "in transit" (being transported through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada), and that are not intended for use in a work place in Canada, are exempt from the labelling and safety data sheet requirements of the HPA.
  • In addition, the HPA was amended to provide authority, consistent with other Health Canada legislation, to implement international agreements, such as the TFA.

For more information, please contact the Workplace Hazardous Materials Bureau at:

Email: WHMIS_SIMDUT@hc-sc.gc.ca

Telephone: 1-855-407-2665

Additional information can also be found online:

WTO-Negotiations

WTO-TFA FAQs

Bill C-13

Hazardous Products Act

For more information, please contact Mark Roehler.

LEHDER Training Updates & Mark Roehler Obtains Certified Online Training Professional Designation

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Mark Roehler Receives Certified Online Training Professional (COTP) DesignationLEHDER is pleased to announce Principal Mark Roehler has obtained the Certified Online Training Professional designation from the International Council for Certified Online Training Professionals.  Congratulations, Mark!

LEHDER's O. Reg. 347 Subject Waste Webinar Series is currently underway with only 3 sessions left.  To participate in any of the remaining sessions, links to the registration module are provided below.  Please note, if you are interested in registering for the entire series yet have missed a module, recordings of the missed sessions and applicable resource materials will be provided upon registration.  The remaining sessions are provided below:

200-WB-05 Movement Documents for Subject Waste Shipments - February 28, 2017

200-WB-06 Subject Waste Full Webinar Series

The full listing of LEHDER webinars currently available can be found on the LEHDER Webinar page.

LEHDER Spring Classroom Sessions

The Ontario and Alberta spring classroom sessions are approaching - the Ontario sessions occur during March and early April; the Alberta sessions are taking place in Edmonton, AB, between April 18 and 21.  Please note - register early!  Courses can be cancelled two weeks in advance of course date if there is insufficient registration volumes.

To view the upcoming courses available, please select the appropriate location below:

Point Edward, Ontario

Edmonton, Alberta

For more information in regards to LEHDER's training capabilities, please contact Mark Roehler.

LEHDER 2017 Regulatory Reporting and Traning Calendars Available

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LEHDER 2016 CalendarsLEHDER is pleased to provide our clients with a Regulatory Reporting Calendar for important dates to remember for Ontario Reporting requirements.

Also available are LEHDER's 2017 in-class training calendars for both Alberta and Ontario. Additional information in regards to LEHDER's regulatory training capabilities are provided on the Regulatory Training page.

 Please feel free to download the documents from the links below.

LEHDER's regulatory training sessions occur in the spring and fall.  Additionally, LEHDER hosts webinars to provide updates to regulatory changes and updates.  To view the courses available in your region, please select the applicable category below.

For more information on LEHDER's regulatory training services, please contact Mark Roehler.

Workplace Hazardous Materials Bureau Releases Full Technical Guidance for WHMIS 2015 Supplier Requirements

     Posted by LEHDER News on

WHMIS 2015 Technical Guidance DocumentOn February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015. With the incorporation of the GHS, the hazard classification and communication requirements of WHMIS are aligned with the workplace hazard classification and communication requirements of the United States (U.S.) and other Canadian trading partners.

To provide guidance to suppliers of hazardous products destined for Canadian workplaces and in support of the 2016-17 Regulatory Cooperation Council (RCC) Workplace Chemicals work plan, Health Canada committed to release Technical Guidance on the Requirements of the HPA and the HPR in two phases.  Phase 1 was released on June 29, 2016 and focused on classification principles, hazard communication and Confidential Business Information (CBI).  The Workplace Hazardous Materials Bureau has now released the full Technical Guidance on the Requirements of the HPA and the HPR – WHMIS 2015 Supplier Requirements as the second phase release. This release comprises Phase 1 content as well as Phase 2 content (focused on physical hazard and health hazard classification) in a consolidated Guidance document.

The development of the Technical Guidance has been informed by considering comments received from stakeholders as part of the publication of the proposed HPR in the Canada Gazette, Part I, comments received on guidance priorities, as well as inquiries received through the WHMIS email account.

Health Canada’s website at WHMIS.gc.ca has been updated to reflect the availability of the Technical Guidance. A PDF copy of the guidance can be requested via this link: http://www.hc-sc.gc.ca/ewh-semt/pubs/occup-travail/technical-guidance-whmis-2015-guide-technique-simdut/index-eng.php.  A copy is also provided below.

WHMIS 2015 Technical Guidance - Full Publication WHMIS 2015 Technical Guidance - Full Publication (2448 KB)

Specific questions or comments regarding this guidance can be directed to Health Canada at: WHMIS_SIMDUT@hc-sc.gc.ca.

For information on employer WHMIS requirements set out by federal, provincial and territorial (FPT) occupational health and safety agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. This site is Canada’s portal to WHMIS information for all WHMIS stakeholders, including suppliers, employers, workers and trainers.

For more information in regards to WHMIS 2015, please contact Mark Roehler.


Mark Roehler Presenting at WSPS Partners in Prevention Conference, October 26, 2016

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Mark Roehler, LEHDER Principal, will be presenting at the Workplace Safety & Prevention Services Partners in Prevention Southwestern Conference on October 26, 2016 in Kitchener.

Mr. Roehler will be presenting GHS is Ready for Implementation Through WHMIS 2015: Are You?, a presentation to provide background on the Globally Harmonized System of Classification and Labeling of Chemicals implementation in Canada.  Canada's system is referred to as WHMIS 2015 and his session will provide insight on the challenges, solutions and opportunities for your company as Canada transitions to WHMIS 2015.

For more information and to register for this conference, please visit the WSPS website; the conference brochure can be downloaded from the link below.

WSPS Partners in Prevention Southwestern ON Conference Brochure WSPS Partners in Prevention Southwestern ON Conference Brochure (1073 KB)

Additional information in regards to WHMIS 2015 implementation can be obtained through Mark Roehler.

Technical Guidance Released for WHMIS 2015 Supplier Requirements

     Posted by LEHDER News on

Technical Guidance Document for HPA and HPR ReleasedOn June 29, Health Canada released a notification that the Phase 1 of the Technical Guidance on the Requirements of the Hazardous Products Regulations (HPR) and Hazardous Products Regulations (HPR) is available to assist with your transition to WHMIS 2015.  Please find below the news release and web link to obtain a PDF copy of the document.

Technical Guidance on the Requirements of the Hazardous Products Act and the Hazardous Products Regulations – WHMIS 2015 Supplier Requirements – Phase 1 

On February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015. With the incorporation of the GHS, the hazard classification and communication requirements of WHMIS are aligned with the workplace hazard classification and communication requirements of the United States (U.S.) and other Canadian trading partners.

To provide guidance to suppliers of hazardous products destined for Canadian workplaces and in support of a commitment under the Regulatory Cooperation Council Workplace Chemicals initiative, Health Canada is pleased to inform you that the Workplace Hazardous Materials Bureau has developed Phase 1 of the Technical Guidance on the Requirements of the HPA and the HPR – WHMIS 2015 Supplier Requirements. This document also provides suppliers with information on the Hazardous Materials Information Review Act (HMIRA) and its regulations and the mechanism to protect confidential business information (CBI). For comparative purposes, variances between Canada and the U.S. are highlighted in the guidance. These variances are necessary in order to maintain the current level of protection for workers or due to the requirements of the respective legislative frameworks.
 
Health Canada intends to release the Technical Guidance in two phases in advance of the June 2017 milestone for transition for manufacturers and importers to comply with WHMIS 2015 requirements. Phase 1 of the Technical Guidance focusses on classification principles, hazard communication and CBI. Phase 2 will focus on physical hazard classification and health hazard classification and is expected to be released in Fall 2016.

Health Canada’s website at WHMIS.gc.ca has been updated to reflect the availability of Phase 1 of the Technical Guidance. A PDF copy of the guidance can be requested via this link:

http://www.hc-sc.gc.ca/ewh-semt/pubs/occup-travail/technical-guidance-whmis-2015-guide-technique-simdut/index-eng.php

A copy is also available for download here:

WHMIS 2015 Technical Guidance - Supplier Requirements Phase 1 WHMIS 2015 Technical Guidance - Supplier Requirements Phase 1 (1006 KB)

Health Canada always welcomes input from stakeholders.  Any feedback we receive will be taken into consideration in the development of future iterations of the guidance. Specific questions or comments regarding this guidance can be directed to Health Canada: WHMIS_SIMDUT@hc-sc.gc.ca.
For information on employer WHMIS requirements set out by federal, provincial and territorial (FPT) occupational health and safety agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. This site is Canada’s portal to WHMIS information for all WHMIS stakeholders, including suppliers, employers, workers and trainers.


Please feel free to forward this email within your organizations.

Thank you.


Workplace Hazardous Materials Bureau /
Bureau des matières dangereuses utilisées au travail
Consumer Product Safety Directorate /
Direction de la sécurité des produits de consommation
Health Canada / Santé Canada
www.whmis.gc.ca / www.simdut.gc.ca

2016 Emergency Response Guidebook Released

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ERG 2016The 2016 version of the 2016 Emergency Response Guidebook (ERG2016) is available in English and Spanish on the PHMSA DOT website or Transport Canada's website.  At present, a French version is not yet available.

The 2016 Guidebook incorporates many changes, including expansion/revision of sections, addition of new sections as well as content updates.  A summary of the changes is provided below:

  • A flowchart is included depicting the "How To Use This Guidebook" instructions
  • Section revisions or expansions, including:
    • Shipping documents (Papers)
    • Table of markings, labels and placards and initial response guide to use on-scene
    • Rail car and road trailer identification charts (including more detailed information on each)
    • Pipeline transportation
    • Protective clothing
    • Improvised explosive device (IED) safe stand off distance chart
    • Glossary
    • Emergency response telephone numbers
  • New sections added, including:
    • Local emergency response number (to be completed by user)
    • Table of contents
    • GHS of classification and labeling of chemicals
    • Emergency response assistance plans (ERAP) info for Canadian users
  • Indexed lists of dangerous goods (DG) by ID number (yellow-bordered pages) and in alphabetical order (blue-bordered pages):
    • Addition of all new DGs listed in the UN Recommendations on the Transport of Dangerous Goods (up to 19th revised edition)
  • Emergency Response Guides (orange-bordered pages):
    • Revision of some guide information
    • Two guides have been added for adsorbed gases
    • Identification of potential ERAP products for Canadian users
  • Table of initial isolation and protective action distances (green-bordered pages):
    • Updated Tables 1 and 3 for initial and protective action distances based upon new toxicity data and reactivity research
    • Added "Estimating wind speed from environmental clues" for Table 3

To obtain copies of the ERG2016, please visit the PHMSA DOT website or Transport Canada's website.

If you have any questions regarding the ERG2016, please contact Mark Roehler.

WHMIS 2015 - Ingredient Disclosures on Safety Data Sheets

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GHS/WHMIS 2015 SymbolsOn July 31, 2015, Health Canada released a Guidance document to assist Canadian suppliers and importers, as well as U.S. suppliers to Canada, in regards to the ingredient disclosure requirements for Safety Data Sheets (SDS) under WHMIS 2015.  This Guidance document summarizes the WHMIS 2015 requirements for hazardous ingredient disclosure and compares this to WHMIS 1998 and the current U.S. HCS2012 regulations.

Both Canadian and U.S. GHS-based regulations proscribe the use of broad concentration ranges (not related to production variation) are now prohibited, which is a change from the WHMIS 1988 requirements.  Actual, or ‘true’, concentrations must now be disclosed on the SDS.  

For example, a product which has an ingredient present at 11.5% +/- 0.5% could have been listed on the MSDS with a range of 10-30%. Under WHMIS 2015, it would need to be listed as 11-12% on the SDS as the use of a range requires documentation to prove that’s it a true variability based upon product formulation or process data.  Basically, if you know the true concentration of an ingredient, it must be disclosed.

While Canada and the U.S are aligned with regards to ingredient disclosures, the mechanisms to protect Confidential Business Information (CBI) are different.  In Canada, the only way to maintain proprietary ingredient information is to file a trade secret claim through the application process with Health Canada under the Hazardous Materials Information Review Act.

For more information, please view the following Health Canada Guidance Documents:

Disclosure of Ingredient Concentrations and Concentration Ranges on Safety Data Sheets 

Comparison of Ingredient Concentration Disclosure and CBI Protection Requirements  

For more information, please contact LEHDER Principal Mark Roehler.