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SPECIAL EDITION Wednesday March IS 1989 Page Hazardous Products Act animal per day when tested in dance with 1 Test Guideline No Oral Toxicity dent 90day dated May ID OECD Test Guideline No Subchronic Oral Toxicity Non Rodent 90day dated May 1931 in the oral route test in OECD Test Guideline No Chronic Toxicity Studies dated May a dose per kilogram of of the animal per day when tested in dance with OECD Test Guideline No Subchronic Dermal Toxicity day dated May 12 1981 or ii the dermal route test in OECD Test Guideline No Chronic Toxicity Studies dated May 12 or c a concentration not exceeding 25 parts per million by volume of gas or vapor or not exceeding micro grams per litre or 10 milligrams per cubic meter of dust mist or fume when tested in accordance with OECD Test Guideline No Subchronic Inhalation Toxicity 90day dated May 12 1981 ii the inhalation route test in Test Guideline No Chronic Icity Studies dated May Teratogenicity and Embryo Icity 53 A pure substance or tested mixture falls into Subdivision A of Division of Class and Infectious Material if in an animal assay for teratogenicity and em bryotoxicity it is shown to cause in jury to the embryo or fetus in a tislcally significant proportion of the test population at a concentration that has no adverse effect on the pre gnant female when tested in accor dance with a OECD Test Guideline No Teratogenicity dated May Test Guideline No 415 OneGeneration Reproduction dated May 26 1983 or c OECD Test Guideline No Two Generation Reproduction Toxicity dated May 1983 In this section injury includes death malformation permanent or physical disfunction growth retardation or psychological or behavioral alteration that occurs during pregnancy at birth or in the postnatal per Carcinogenicity 54 A pure substance or tested mix ture falls Into Subdivision A of DM of Class Poisonous and En fectious Material If it is listed in a section Ala of Appendix A of the Threshold Limit Values for chemical Substances and Physical Agents in the Work Environment published by the ACGIH as amended from time to time or Group 1 or Group 2 in the Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to by DOUGLAS ARMOUR Toronto Bureau Thomson News Service TORONTO Although it was created under both federal and pro vincial legislation the provinces are responsible for the administration and enforcement of the Canada wide Workplace Hazardous Materials In formation System says Ontario co ordinator Don Hall That one of the beauties of WHMIS It a panCanadian system the fines for suppliers are the same and the method of inspection is the same says Hall noting that fines for employers violating WHMIS regulations do vary according to each province health and safety laws regulations are designed to ensure better protection for employ ees the workplace re quires that hazardous materials be labelled that material safety data sheets be sent with the hazardous materials and that employees be trained in the safe handling of the materials Provincial legislation explains Hall covers education and training in the workplace The federal WHMIS legislation including the Hazardous Products Act covers suppliers of controlled products and regulates the sale and importation of those pro ducts Hazardous materials and con trolled products are one and the same They are compressed gases flammable and combustible mater lals oxidizing materials poisonous and infectious materials corrosive materials and dangerously reactive materials Humans published by the World Health Organization as amended from time to time Reproductive Toxicity A pure substance or tested mix falls into Subdivision A of ston of Class and In Material if a there is evidence that shows that it causes sterility or an adverse effect on reproductive capability in persons following exposure to it in tht work place or sterility or an adverse effect on reproductive capability is shown in an animal assay for reproductive toxicity carried out in accordance with OECD Test Guideline No 415 One Generation Reproduction Toxicity dated May or OECD Test Guideline No 41G Two Generation Reproduction Toxicity dated May 2G 1983 Respiratory Tract Sensitization 56 A pure substance or tested mix falls into Subdivision A of Divi sion of Class D Poisonous and In fectious Material if there is evidence that shows that it causes respiratory tract sensitization in person following exposure to it in the workplace 57 1 A pure substance or tested mixture falls into Subdivision A of Division of Class D Poisonous and Infectious Material if a there Is epidemiological evidence that shows a causal connection be tween exposure of persons to the sub stance or mixture and heritable effects or b there is evidence of mutagenicity in mammalian germ cells in vivo as shown by positive results in a study that measures mutations transmitted to offspring or ii positive results in an in vivo study snowing chemical interaction with genectic materials of mammalian germ cells and positive results in an in vivo study assessing either gene mutation or chromosomal aberration in somatic cells 2 The evidence referred to in para graph 1Kb shall be obtained a in accordance with test methods described in the Introduction to the OECD Guidelines on Genetic Testing and Guidance on the Selection and Application of Assays dated March l published in the Third Addendum to the OECD Guidelines for Testing of Chemicals and using testing described in the Guidelines on the Use of tagenicity Tests in the Toxicological Evaluation of Chemicals dated 1986 published under the authority of the Minister of National Health and Wei fare and the Minister of the Environ ment A supplier who violates the federal provisions of the WHMIS legislation can be charged with a summary of fence or an indictable offence major violations The maximum sentence for a summary conviction is a 000 fine andor six months in jail If a supplier is convicted of an indict able offence the maximum fine is andor two years in jail Penalties for employers covered by provincial legislation vary con siderably Employers failing to comply with the Ontario requirements of are subject to fines up to and or one year in jail However under planned legislative amendments those fines would increase to a mum of the highest such fines in Canada The proposed amendments also would require that Ontario employ provide inventories of hazardous materials and workplace floorplans on request to municipal officials police and fire departments health officials and employees Physical agents including noise vibration heat and cold stress ation and lasers are already covered by Ontarios regulations making that province regulations the most far reaching in Canada TWOYEAR SENTENCE Fines for first offences in other pro- 500 and no maximum in British Columbia to a maximum of for corpo rations in Quebec The longest maximum jail sentence for employ is two years Saskatchewan The maximum penalty for employ in Prince Edward Island is 2 andor two months jail In New An untested mixture falls into Subdivision A of Division of Class Poisonous and Infectious Material if it contains a product material or substance that meets the criteria applicable to a pure substance or tested mixture referred to a any of sections to if the product matenal of substance is pre bent at a concentration of 1 per cent or more or section if the product material or substance is present at a concent ration of one per cent or more Subdivision Toxic Material Pure Substance and Tested Mix Chronic Toxic Effects A pure substance or tested mix falls into Subdivision B of 2 of Class D Poisonous and In fectious Material if in an animal assay for chronic toxic effects it eh cits a reponse of sufficient severity to threaten life or cause serious perma nent impairment in a statistically significant proportion of the test po pulation at a a dose of more than 10 but not exceeding milligrams per kilo tram of of the animal per ay when tested in accordance with OECD Test Guideline No Subchronic Oral Toxicity dent 90day dated May 12 1381 ii Test Guideline No Oral Toxicity Rodent 90day dated May 1981 or iii the oral route test in OECD Test Guideline No Chronic Toxicity Studies dated May b a dose of more than 20 but not exceeding milligrams per kilo gram of bodyweight of the animal per day when tested in accordance with OECD Test Guideline No Subchronic Dermal Toxicity day dated May or the dermal route test OECD Test Guideline No Chronic Toxicity Studies dated May 12 1991 or c a concentration of more than but not exceeding parts per million by volume of gas or vapor or more than 10 but not exceeding 100 micrograms per litre or more than 10 but not ex ceeding 100 milligrams per cubic metre of dust mist of fume when tested in accordance with i OECD Test Guideline No Inhalation Toxicity 90day dated May 12 or ii the inhalation route test in OECD Test Guideline No Chronic Toxicity Studies dated May 1981 Skin or Eye Irritation A pure substance or tested mix ture falls into Subdivision B of 2 of Class Poisonous and In fectious Material if an animal foundland the maximum sentence is andor six months in jail In New Brunswick employers con of contravening WHMIS reg illations can be assessed a fine of up to 000 andor three months m jail In addition there is a 15 000 fine for each day the offence continues The maximum sentence in Nova Scotia is a fine andor months in jail In Quebec maximum fines for a first offence are 1 000 for individuals andorsixmonthstnjailand20 for corporations For second of fences the maximum fines are 2 for individuals andor 12 months jail and 50 000 for a corporation In Manitoba violators can face sentences of up to 15 for a first offence and 30 for a second of fence The maximum jail term which can be handed down in addition to a me or place of is six months Saskatchewan has set 5 as the maximum fine for a first offence and 10 for a second offence The maximum jail term is two years In Alberta the maximum sentence for a first offence is andor six months in jail For a second offence the maximum fine is 30 000 British Columbia bases its fines on a company payroll While there is no maximum the minimum fine is 500 for a first offence and for asecond offence WHMIS regulations are overseen through existing provincial occupa tional safety inspection programs There have been some questions raised about the regulations Ontario opposition MPPs responded to the provincial legislation by ex pressing concerns about the input assay a it causes an effect graduated at a mean of two or more for erythema formation or two or more for i format on when tested in with OECD Test Guideline No Acute Dermal Irritation dated May as at any of the times specified in the test or it causes an effect graded at a mean of two or more for corneal dam age one or more for iris damage or 2 5 or more for conjunctival swelling or redness when tested in dance with OECD Test Guideline No Acute Eye Irritation Corro sion dated May 1981 as at any of the times specified in the test Skin Sensitization A pure substance or tested mix falls into Subdivision of Divi sion 2 of Class Poisonous and In fectious Material if animal assay carried out in accordance OECD Test Guide line No Skin Sensitization dated May 12 1981 it produces a response in per cent or more of the test animals when using one of the techniques incorpor ating the use of an adjuvant or ft produces a response in per cent or more of the test animals when using one of the techniques not incor the use of an adjuvant or b evidence shows that it causes skin sensitization in persons following ex posure in a workplace Mutagenicity A pure substance or tested mix falls into Subdivision of Divi sion of Class Poisonous and In fectious Material if evidence of mutagencity in mammalian somatic cells in vivo is obtained In a test to assess either gene mutation or aberration carried out a in accordance with methods de scribed m the Introduction to the OECD Guidelines on Genetic Toxi cology Testing and Guidance on the Selection and Application of Assays published in the Third Addendum to the OECD Guidelines for Testing of Chemicals dated March 1 1987 and using testing strategies described in the Guidelines on the Use of Mu Tests in the Toxicological Evaluation of Chemicals dated 1986 published under the of the Minister of National Health and Wei fare and theJVffmster of the Environ ment Untested Mixtures An untested mixture falls into Subdivision B of Division 2 of Class D Poisonous and Infectious Material if it contains a product material or substance that meets any of the criteria applicable to a pure sub stance or tested mixture referred to in any of sections to and is pre sent at a concentration of one per cent or more Division Biohaiardous Infectious Material An organism that has been shown to cause disease or Is reaso nably believed to cause disease in persons or animals and the toxins of such an organism fall into Division of Class Po sonous and Infectious Material CLASS CORROSIVE MATER IAL A product material or sub stance shall be included in Class Corrosive Material listed in Sche dule to the Act if a it corrodes SAE steel or 7075- nonclad aluminum surfaces at a rate exceeding millimeters per year at a test temperature of de when tested in accor dance with Test Method Laboratory Corrosion Test of Metals for the Process Industries Standard Revision it is corrosive to skin when tested in accordance with OECD Test Guide me No 404 Acute Dermal ritation Corrosion dated May 12 it is included in Class 8 in part III of the Transportation of Dangerous Goods Regulation d it is a gas included in Division of Class 2 in Part III of the of Dangerous Goods Regula e there is evidence that it causes visible necrosis of human skin or f it is an untested mixture contain a product material or substance that meets the criteria referred to in paragraph or e and is present at a concentration of at least one per cent CLASS DANGEROUSLY REACTIVE MATERIAL 66 A product material or sub stance shall be included in Class F Dangerously Reactive Material listed in Schedule II to the Act if it a undergoes vigorous polymerize decompositon or condensation become self reactive under con of shock or increase in sure or temperature or c reacts vigorously with water to release a gas that has an not exceeding 500 parts per million by volume of gas when tested for four hours in accordance with OECD Test Guideline No Acute Inhalation Toxicity dated May 12 WHMIS HOTLINE 18002636906 How WHMIS is enforced nationwide 3d nationwide employees will have in decisions con cerning hazardous mater and training There is also concern expressed by some labor organizations that the WHMIS regulations provide no clear definition of the length or quality of employee training Provincial WHMIS regulations do specify what should be included in employee framing WHMIS regulations took effect across Canada Oct 31 1988 Products from primary suppliers of hazardous materials suppliers who do not de on other suppliers for raw ma terials had to be shipped with a supplier label and a matenal safety data sheet information regarding the product and other details ing first aid measures Secondaryvsuppliers who receive their raw materials from other sour ces and needed more time to collect information on those materials have been given an extension to March 15 1989 to comply with WHMIS regulations In workplaces they visit provincial inspectors will be checkinglabels and material safety data sheets as well as askmg about education training programs If an inspector finds that a con trolled product t properly labelled or a complete was not sent with the product he then traces the pro duct to the company that supplied it says Hall At this point the provincial in spector sort of puts on a federal en forcement hat and is now into looking at that supplier under the federal le gislation explains Hail Although there is a shared respon between the employer and the supplier to ensure hazardous pro ducts are properly labelled and that complete matenal safety data sheets are available there s a problem with the it s the supplier who is held responsible says Hall Exposure to hazardous materials may cause many health problems About one quarter of all North American workers are exposed to one or more chemical hazards says the federal government Exposure to hazardous materials may cause or contribute to many serious health effects such as heart ailments kidney and lung damage sterility cancer and burns The Workplace Hazardous Mater ml Information System was created to ensure the people who come in contact with these materials have the information they need how to handle the materials precautions to take and what to do in an emergency The goal of WHMIS is to reduce the incidence of illnesses and injuries resulting from the use of hazardous materials in the workplace said a federal spokesman