Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

  •  (1) Subject to sections 10.37 to 10.39, if an employer produces in the work place a hazardous product, other than a fugitive emission, or imports into Canada a hazardous product and brings it into the work place, and the hazardous product is not in a container, the employer shall disclose the following information on a work place label applied to the hazardous product or on a sign posted in a conspicuous place in the work place:

    • (a) the product identifier;

    • (b) the hazard information in respect of the hazardous product; and

    • (c) a statement indicating that a work place safety data sheet for the hazardous product is available in the work place.

  • (2) Subject to sections 10.37 and 10.39, where an employer produces a hazardous product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a hazardous product, and places the hazardous product in a container, the employer shall apply to the container a work place label that discloses the information referred to in paragraphs (1)(a) to (c).

  • (3) Subsection (2) does not apply in respect of a hazardous product that is

    • (a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or

    • (b) packaged in a container and offered for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2016-141, ss. 13, 20.

Portable Containers

 If an employer stores a hazardous product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container is exempted from the labelling requirements under section 10.35 or 10.36 if

  • (a) the hazardous product is required for immediate use; or

  • (b) the following conditions apply in respect of the hazardous product:

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

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

    • (iii) it is clearly identified by a work place label applied to the portable container that discloses the product identifier.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 22(F);
  • SOR/2016-141, s. 14.

Special Cases

 An employer shall, in a conspicuous place near a hazardous product, post a sign in respect of the hazardous product that discloses the product identifier if the hazardous product is

  • (a) in a process, reaction or storage vessel;

  • (b) in a continuous-run container;

  • (c) in a bulk shipment that is not placed in a container at the work place; or

  • (d) not in a container and stored in bulk.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2016-141, s. 15.

Laboratories

  •  (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(5) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label:

    • (a) if known by the supplier, the chemical name or generic chemical name of any material that is in the hazardous product and that is classified under the Hazardous Products Act and the Hazardous Products Regulations as a biohazardous infectious material; and

    • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

  • (2) If a laboratory sample of a hazardous product is the subject of a labelling exemption under subsection 5(6) of the Hazardous Products Regulations, a label that is provided by the supplier and is affixed to, printed on or attached to the container of the sample received at the work place and that discloses the following information in place of the information required under paragraph 3(1)(c) or (d) of those Regulations is considered to comply with the requirements set out in section 10.35 with respect to a supplier label:

    • (a) if known by the supplier, the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1 to the Hazardous Products Regulations; and

    • (b) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez”, followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of a hazardous product.

  • (3) If a hazardous product is in a container other than the container in which it was received from a supplier or is produced in the work place, the employer is exempt from the requirements set out in section 10.36 and subparagraph 10.37(b)(iii) if

    • (a) the employer has complied with subsection (4);

    • (b) employee education and training is provided as required by these Regulations; and

    • (c) the hazardous product

      • (i) is a laboratory sample,

      • (ii) is intended by the employer to be used solely for analysis, testing or evaluation in a laboratory, and

      • (iii) is clearly identified through any mode of identification visible to employees at the work place.

  • (4) For the purposes of paragraph (3)(a), the employer shall ensure that the mode of identification used and the employee education and training provided enable the employees to readily identify and obtain either the information required on a safety data sheet or the information set out in subsections (1) and (2) with respect to the hazardous product or laboratory sample.

  • (5) The employer is exempt from the requirements of section 10.35 if a laboratory sample of a hazardous product is received in a work place from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a label for that product.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/98-427, s. 8;
  • SOR/2016-141, s. 16.

Signs

 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2.

Replacing Labels

  •  (1) If, in a work place, a label applied to a hazardous product or the container of a hazardous product becomes illegible or is removed from the hazardous product or the container, the employer shall replace the label with a work place label that discloses the following information:

    • (a) the product identifier;

    • (b) the hazard information in respect of the hazardous product; and

    • (c) a statement indicating that a safety data sheet for the hazardous product is available in the work place.

  • (2) An employer shall review the accuracy of the information on a work place label and update it as soon as practicable after new hazard information or significant new data becomes available to the employer.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2016-141, s. 17.

Exemptions from Disclosure

[SOR/2016-141, s. 18(F)]
  •  (1) Subject to subsection (2), if an employer has filed a claim for exemption from the requirement to disclose information on a safety data sheet or on a label under subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

    • (a) if there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; and

    • (b) if the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

  • (2) If a claim for exemption is in respect of a product identifier, the employer shall, on the safety data sheet or label of the hazardous product, disclose, in place of that product identifier, a code name or code number specified by the employer as the product identifier for that hazardous product.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2016-141, s. 19.
 
Date modified: