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

10.30 (1) This Division does not apply in respect of any

• (a) wood or product made of wood;

• (b) tobacco or product made of tobacco; or

• (c) manufactured article.

(2) This Division, other than section 10.43, does not apply in respect of hazardous waste.

10.31 (1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that

• (a) is present in the work place;

• (b) was received from a supplier; and

• (c) is one of the following:

  • (i) an explosive within the meaning of section 2 of the Explosives Act,

  • (ii) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act,

  • (iii) a control product within the meaning of section 2 of the Pest Control Products Act,

  • (iv) a nuclear substance, within the meaning of section 2 of the Nuclear Safety and Control Act, that is radioactive, and

  • (v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

• (a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and

• (b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.

10.32 (1) Where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a supplier material safety data sheet in respect of the controlled product, unless the employer is in possession of a supplier material safety data sheet that

• (a) is for a controlled product that has the same product identifier;

• (b) discloses information that is current at the time that the controlled product is received; and

• (c) was prepared and dated not more than three years before the date that the controlled product is received.

(2) Where there is a controlled product in a work place and the supplier material safety data sheet in respect of the controlled product is three years old or more, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

(3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed on that supplier material safety data sheet.

(4) Where a controlled product is received in a work place that is a laboratory, from a supplier who is exempted by the Controlled Products Regulations from the requirement to provide a material safety data sheet for that product, the employer is exempt from the requirements of subsection (1) if the controlled product

• (a) originates from a laboratory supply house;

• (b) is intended for use in a laboratory; and

• (c) is packaged in a container in a quantity of less than 10 kg.