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SPECIAL EDITION Wednesday March 15 Page Pertinent questions and answers on the new WHMIS legislation The Workplace Hazardous Mater Information System is designed to protect Canadian work ers by providing them and their em ployers with information about ha zardous materials used in the workplace Here are some of the questions Consumer and Corporate Affairs Ca nada is frequently asked about and the departments an Section 13 of the Hazardous Pro ducts Act states no supplier shall sell to any person a controlled pro duct intended for use in a workplace in Canada unless What is the meaning of intended for use in a workplace A The intent referred to means the intention of the supplier A supplier can be a manufacturer processor or packager of a controlled product or a person who in the course of business imports or sells controlled products including distributors The following scenarios demons trate how intended use alters the obligations of suppliers of controlled products that are packaged as con sumer products but are not included in Part of Schedule I of the Hazard ous Products Act Scenario I Supplier A manufacturerimpor ter sells a product which is intended for use by consumers only and which complies with the applicable con sumer labelling requirements to an outlet supplier B who sells the pro duct to both consumers and industrial accounts Supplier A is not required to com ply with the labelling and material safety data sheet require ments of the Hazardous Products Act and Controlled Products Regula tions since the product is not tended to be used in a workplace supplier Supplier B is a normal retail outlet and intends the product lo be sold for use by consumers and not for use in a workplace An em ployer purchases the product from supplier for use in a workplace Neither supplier A nor supplier must comply with the re of the Hazardous Pro Act and Controlled Products Regulations since they do not intend the product to be used in a workplace The employer however must comply with the relevant occupa tional safety and health legislation Can the concentration of an in be expressed as a concent ration range on the material safety data sheet in all cases A Yes Section of the Controlled Products Regulations allows the con centration of an ingredient to be re ported in a concentration range on the material safety data sheet where the ingredient is not always present in the same concentration in the con trolled product Athough the section appears to limit the use of a concent ration range in reality because the exact concentration of an ingredient vanes from one package to the next even to a small degree the use of a concentration range is in fact al ways permitted This provision also applies to ingredients that are com plex mixtures Would it be more appropriate for the material safety data sheet to dis close the product identification number subitem 1 2 of Column III of Schedule I under the heading product information A Yes The product identification number describes the product and should be shown under the product information heading Supplier B must provide labels and material safety data sheets to his or her industrial custom because the product is intended to be used in a workplace Supplier does not need to comply with the WHMIS requirements of the Hazard Products Act and Controlled Pro ducts Regulations for the stock sold to consumers because that stock is not intended to be used in workplace Can a subitem on the material data sheet information in Col III of Schedule I be used as a heading Column II of Schedule I for organizing information on the ma terial safety data sheet Scenario 2 Supplier A sells a product which is intended for use by consumers and which complies with the applicable consumer labelling requirements to A In all cases the nine headings Column II of Schedule I or similar headings for the nine categories of information in Column I of Schedule I must appear on the material safety data sheet as distinct separate headings However the nine head in Column may have different prominence on the material safety data sheet i e some may be sub heading but nine headings must ap pear All information in Column III of Schedule I subitems that is able to the controlled product and available to the supplier must be dis closed under one of the nine chosen When a standard material safety data sheet form is used which con tains boxes for subitems in Column III of Schedule I and some of that information is not applicable or not available should the supplier indicate that fact In the boxes A When a subitem box on a mater lal safety data sheet is blank the user of the product will not know whether the information was missed not available or not applicable There fore if a supplier uses a standard material safety data sheet form it is recommended that the supplier indi not available or not able In any subitem box where no information is disclosed A short form for these statements is allowed as long as it distinguishes between the two In English a does not differentiate between the two statements and is unacceptable while n av and n ap are accept able In French the short forms p d pas and s o sans would be acceptable The short form should be explained on the material safety data sheet Where there is new tion about a controlled product or an ingredient when must a supplier re vise the material safety data sheet or A The intent of section of the Controlled Products Regulations is that a revision to the material safety data sheet or label is needed when the change in information is meaningful with respect to health and safety Therefore when there is a significant change in the information in relation to health and safety the supplier must make the appropriate change on the material safety sheet and label It should be noted that infor mation meaningful to health and safety includes both technical and technical information such as the address of the supplier and the number of the group for the preparation of the material safety data sheets How does a supplier determine if a product is a controlled product Japanese Car Service Ltd Mill Street Georgetown Ontario L7G 2H6 KlyoTabuchl Telephone 8734550 A In determining if a product is a controlled product i a product which meets any of the hazard cnteria in Part of the Controlled Products Regulations a supplier must use results of his or her own tests on the product or evaluation and scientific judgment based on test re suits on the product or a product with similar properties This requirement permits a supplier to come to the de cision that a product is or is not a controlled product It should be noted that section 33 means that there is a different stan dard for determining if a product falls into Class D Poisonous and tious Material as compared to the other classes The standard in para graph 1 refers to evaluation and scientific judgment based on test results The standard in subsection 33 2 allows the supplier to use mation of which he or she is aware or ought reasonably to be avare in regard to the criteria of Class Poisonous and Infectious Material This means that a supplier should be aware of scientific literature and in formation available from the Cana dian Centre for Occupational Health and Safety industry and labor organizations and regulatory agencies in the field of occupational health and safety It was agreed in the development of WHMIS that testing would ot be re quired for the purpose of classifying a product with respect to Class D Poisonous and Infectious Materials Therefore subsection 33 2 may be used in place of the cnteria set out lit paragraph l for the purpose of classification in regard to Class Testing is not required for the pur pose of deciding if a product is in eluded in Class tion of which the supplier is aware or ought reasonably to be aware is available When classifying a pro duct in accordance with subsection human experience data must be considered by the supplier if it exists Q for a product which falls into both Division 1 Materials Causing Imme and Serious Toxic Effects and Division 2 Materials Causing Other Toxic Effects of Class A When a product falls into 1 and 2 of Class D only the ha svmbol for Division l e the skull and crossbones is required A Where a controlled product Is packaged in an inner and outer con tamer a supplier does not have to apply a label to 1 the outer container if a the outer container has a Trans portation of Dangerous Goods Reg ulations label and all the inner con tamers have WHMIS labels or the WHMIS label on the inner container is visible through the outer container 2 the inner container if a the outer container has a WHMIS label and the purchaser of the con trolled product agrees m writing to apply a WHMIS label to the inner container or b the inner container is a package liner A package liner is for example the plastic bag used to contain a powder within a box Smce such a product would normally be kept in the box during storage and use labelling the package liner would be unnecessary If the product Is intended to be stored and used from the alone it would not be considered to be a pack age liner and would require WHMIS labelling Q Can a supplier use the Ingredient Disclosure List to determine if a pro duct is a controlled product A No To determine if a product is a controlled product a supplier must decide if the product meets any of the hazard criteria found in sections 34 to of the Controlled Products Reg illations The Ingredient Disclosure List is not a list of controlled pro ducts A substance on the Ingredient Disclosure List must be disclosed on the matenal safety data sheet of a controlled product if it is found in the controlled product at or above the concentration specified for that sub stance on the Ingredient Disclosure List Q Where can I obtain copies of the Hazardous Products Act Controlled Products Regulations and Ingredient Disclosure List as well as other reg illations related to of the Controlled Products tions in relation to labelling of inner and outer containers of controlled products A Copies may be ordered from Canadian Government Publishing Centre Supply and Services Canada Ottawa Ontario KlA RITERION RUG CO LTD SPRING SPECIALS ARE HERE COME IN AND SAVE SALES SERVICE INSTALLATIONS CARPET- VINYL TILE LINDA BATTEN Georgetown 416 8771012 416 10 MINUTE OIL CHANGE CENTRE OIL AND COMPLETE CAR CLEANING JOHN HAMILTON CORNER OF MOUNTAINVIEW ARMSTRONG UNIT 5 BU1LDMQ MATERIALS 0 BOX 373 MAIN STREET NORTH ACTON JERRY OVERBOOM Presldvnt 5198531970 GREG LUBBERS PLUMBING SUPPLIES LIMITED PLUMBING SHOWROOM ACHYLIC BATH WHIRLPOOLS SHOWER UNITS PEDESTALS AVE GEORGETOWN Pizza Hut salutes the Safety Conscious Worker Redeem this coupon and Receive OFF Large 3 Topping Pizza Off Med 3 Topping Pizza 308 Guelph St Georgetown 8776934