jswizzle3737/ontario_laws_and_regs huggingface dataset:
2. Every hazardous product is designated as a hazardous material. R.R.O. 1990, Reg. 860, s. 2; O. Reg. 168/16, s. 2 (1). Assessment of Biological and Chemical Agents
3. (1) An employer shall assess all biological and chemical agents produced in the workplace for use therein to determine if they are hazardous materials. R.R.O. 1990, Reg. 860, s. 3 (1). (2) No employer is required to assess under subsection (1), (a) wood or a product made of wood; (b) tobacco or a tobacco product within the meaning of section 2 of the Tobacco Act
(Canada); or (c) a manufactured article. R.R.O. 1990, Reg. 860, s. 3 (2); O. Reg. 168/16, s. 4 (1, 2). (3) An assessment under subsection (1) shall be performed in accordance with Parts 7 and 8 of the Hazardous Products Regulations (Canada). R.R.O. 1990, Reg. 860, s. 3 (3); O. Reg. 168/16, s. 2 (2), 4 (3). Application
4. (1) Sections 5 to 25 apply to employers and workers in respect of hazardous products used, stored and handled at a workplace. R.R.O. 1990, Reg. 860, s. 4 (1); O. Reg. 168/16, s. 2 (2). (2) Section 8 (supplier labels), section 14 (laboratory samples) and sections 17 and 18 (safety data sheets) do not apply with respect to, (a) an explosive within the meaning of section 2 of the Explosives Act (Canada); (b) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act
(Canada); (c) a pest control product within the meaning of subsection 2 (1) of the Pest Control Products Act (Canada); (d) a nuclear substance that is radioactive and that is within the meaning of a nuclear substance under section 2 of the Nuclear Safety and Control Act (Canada); or (e) a consumer product within the meaning of section 2 of the Canada Consumer Product Safety Act (Canada). O. Reg. 168/16, s. 5 (1). (3) Sections 5 to 25 do not apply with respect to a hazardous product that, (a) is wood or a product made of wood; (b) is tobacco or a tobacco product within the meaning of section 2 of the Tobacco Act
(Canada); (c) is a manufactured article; or (d) is being transported or handled in accordance with the requirements of the Dangerous Goods Transportation Act (Ontario) or the Transportation of Dangerous Goods Act, 1992 (Canada). R.R.O. 1990, Reg. 860, s. 4 (3); O. Reg. 168/16, s. 2 (1), 5 (2-4). (4) Sections 5 to 25 do not apply with respect to hazardous waste except to the extent that an employer shall ensure the safe storage and handling of hazardous waste through a combination of identification and worker education. R.R.O. 1990, Reg. 860, s. 4 (4); O. Reg. 168/16, s. 5 (5). Exemptions From Clauses 37 (1) (a) and (b) of the Act
5. (1) An employer may store a hazardous product received from a supplier without having a label on it, without obtaining a safety data sheet for it and without conducting a program of worker education about it while the employer is actively seeking a supplier label and a supplier safety data sheet for it. R.R.O. 1990, Reg. 860, s. 5 (1); O. Reg. 168/16, s. 2 (1, 3). (2) An employer may store an employer-produced hazardous product without applying a label to it or using other identification for it, without a safety data sheet for it and without conducting a program of worker education about it while the employer is actively seeking the information about it that is required to prepare a workplace label and a safety data sheet. R.R.O. 1990, Reg. 860, s. 5 (2); O. Reg. 168/16, s. 2 (1, 3). Worker Education
6. (1) An employer shall ensure that a worker who works with or who may be exposed in the course of his or her work to a hazardous product received from a supplier is informed about all hazard information the employer receives from the supplier concerning the hazardous product and all further hazard information of which the employer is or ought to be aware concerning its use, storage and handling. R.R.O. 1990, Reg. 860, s. 6 (1); O. Reg. 168/16, s. 2 (1), 6. (2) An employer who produces a hazardous product in a workplace shall ensure that every worker who works with or who may be exposed in the course of his or her work to the hazardous product is informed about all hazard information of which the employer is or ought to be aware concerning the hazardous product and its use, storage and handling. R.R.O. 1990, Reg. 860, s. 6 (2); O. Reg. 168/16, s. 2 (1), 6.
7. (1) An employer shall ensure that every worker who works with or who may be exposed in the course of his or her work to a hazardous product is instructed in, (a) the contents required on labels and the purpose and significance of the information contained on the labels; (b) the contents required on a safety data sheet and the purpose and significance of the information contained on a safety data sheet; (c) procedures for the safe use, storage, handling and disposal of a hazardous product; (d) procedures for the safe use, storage, handling and disposal of a hazardous product when it is contained or transferred in, (i) a pipe, (ii) a piping system including valves, (iii) a process vessel, (iv) a reaction vessel, or (v) a tank car, a tank truck, an ore car, a conveyor belt or a similar conveyance; (e) procedures to be followed when fugitive emissions are present; and (f) procedures to be followed in case of an emergency involving a hazardous product. R.R.O. 1990, Reg. 860, s. 7 (1); O. Reg. 168/16, s. 2 (1, 3), 7; O. Reg. 458/18, s. 2. (2) An employer shall ensure that the program of worker education required by subsection (1) is developed and implemented for the employer’s workplace and is related to any other training, instruction and prevention programs at the workplace. R.R.O. 1990, Reg. 860, s. 7 (2). (3) An employer shall ensure, so far as is reasonably practicable, that the program of worker instruction required by subsection (1) results in the workers being able to use the information to protect their health and safety. R.R.O. 1990, Reg. 860, s. 7 (3). Labels supplier labels
9. (1) An employer who produces a hazardous product in a workplace shall ensure that the hazardous product or the container of the hazardous product has a workplace label. R.R.O. 1990, Reg. 860, s. 9 (1); O. Reg. 168/16, s. 2 (1). (2) Subsection (1) does not apply when the hazardous product is in a container that is intended to contain it for sale or disposition and the container is, or is about to be, appropriately labelled. R.R.O. 1990, Reg. 860, s. 9 (2); O. Reg. 168/16, s. 2 (1). (3) An employer shall update a workplace label referred to in subsection (1) as soon as practicable after significant new data about the product becomes available to the employer. O. Reg. 168/16, s. 9. workplace labels for decanted products
10. (1) If a hazardous product that an employer receives in a container from a supplier is transferred to another container, the employer shall ensure that the other container has a workplace label. R.R.O. 1990, Reg. 860, s. 10 (1); O. Reg. 168/16, s. 2 (1). (2) No supplier label, workplace label or label affixed under subsection 8 (8) is required on a portable container that is filled directly from a container of a hazardous product with a supplier label, workplace label or label affixed under subsection 8 (8), (a) if, (i) the hazardous product is under the control of and is used exclusively by the worker who filled the portable container, (ii) the hazardous product is used only during the shift in which the portable container was filled, and (iii) the contents of the portable container are clearly identified; or (b) if all of the hazardous product in the portable container is required for immediate use. R.R.O. 1990, Reg. 860, s. 10 (2); O. Reg. 168/16, s. 2 (1); O. Reg. 458/18, s. 4; O. Reg. 3/19, s. 2. identification of a hazardous product in piping systems and vessels
11. An employer shall ensure the safe use, storage and handling of a hazardous product in a workplace through worker education and the use of colour coding, labels, placards or another mode of identification when the hazardous product is contained or transferred in, (a) a pipe; (b) a piping system including valves; (c) a process vessel; (d) a reaction vessel; or (e) a tank car, a tank truck, an ore car, a conveyor belt or a similar conveyance. R.R.O. 1990, Reg. 860, s. 11; O. Reg. 168/16, s. 2 (1). placard identifiers
12. No label is required on a hazardous product, (a) if the hazardous product, (i) is not in a container, (ii) is in a container or in a form intended for export, or (iii) is in a container that is intended to contain it for sale or distribution and the container is not about to be appropriately labelled as referred to in subsection 9 (2) but is to be appropriately labelled within the normal course of the employer’s business and without undue delay; and (b) if the employer posts a placard that discloses the information required on a workplace label for the hazardous product and is of such size and in such a location that the information is conspicuous and clearly legible to workers. R.R.O. 1990, Reg. 860, s. 12; O. Reg. 168/16, s. 2 (1).
13. (1) An employer shall replace a WHMIS 1988 workplace label on a hazardous product, or container of a hazardous product, by affixing to the product or container a workplace label if, (a) the WHMIS 1988 workplace label was affixed to the product or container on or before November 30, 2018; (b) the WHMIS 1988 workplace label would have complied with the provisions of this Regulation relating to workplace labels for that hazardous product as they read immediately before July 1, 2016; and (c) this Regulation requires that a workplace label be affixed to the product or container. O. Reg. 458/18, s. 5. (2) In this section, “WHMIS 1988 workplace label” means a workplace label as defined by this Regulation, as it read immediately before July 1, 2016. O. Reg. 3/19, s. 3. (3) Revoked: O. Reg. 3/19, s. 3. Laboratory Samples
14. (1) No supplier label is required on a laboratory sample of a hazardous product if, (a) the laboratory sample is exempt from labelling requirements under subsection 5 (5) or (6) of the Hazardous Products Regulations (Canada); and (b) the supplier provides a label that is affixed to a container of the hazardous product and that discloses the information described in subsection (2). O. Reg. 168/16, s. 10. (2) A label referred to in clause (1) (b) shall disclose the following information about the hazardous product: 1. The chemical name or generic chemical name, if known to the supplier, of every material or substance in the hazardous product where, i. individually, the material or substance is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and is present above the relevant concentration limit, and ii. in a mixture, the material or substance is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class. 2. 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 insert the number described in paragraph 3”. 3. An emergency telephone number for the purposes of obtaining the information that must be provided on the safety data sheet for the hazardous product. O. Reg. 168/16, s. 10.
15. (1) If an employer complies with subsection (2), no workplace label is required for a laboratory sample that, (a) is produced in the workplace or is in a container other than the container in which it was received from a supplier; and (b) is clearly identified through a combination of identification visible to workers at the workplace and worker education. O. Reg. 168/16, s. 10. (2) For the purpose of subsection (1), the employer shall ensure that the identification and worker education for the laboratory sample enable the workers to readily identify and obtain either the information required on a safety data sheet, if one has been prepared, or the information described in subsection 14 (2) on a label. O. Reg. 168/16, s. 10.
16. (1) If an employer complies with subsection (2), no workplace label is required for a hazardous product that, (a) is produced in a laboratory; (b) is intended by the employer solely for evaluation, analysis or testing for research and development; (c) is not removed from the laboratory; and (d) is clearly identified through a combination of identification visible to workers at the workplace and worker education. R.R.O. 1990, Reg. 860, s. 16 (1); O. Reg. 168/16, s. 2 (1). (2) For the purposes of subsection (1), the employer shall ensure that the identification and worker education for the hazardous product enables workers to readily identify and obtain either the information required on a safety data sheet, if one has been prepared, or such other information as is necessary to ensure the safe use, storage and handling of the hazardous product. R.R.O. 1990, Reg. 860, s. 16 (2); O. Reg. 168/16, s. 2 (1, 3). Safety Data Sheets supplier safety data sheets
17. (1) An employer who receives a hazardous product from a supplier for use, storage or handling at a workplace shall obtain a supplier safety data sheet for the hazardous product from the supplier unless the supplier is exempted under the Hazardous Products Regulations (Canada) from providing a safety data sheet for the hazardous product. O. Reg. 168/16, s. 11. (2) An employer shall update a supplier safety data sheet obtained under subsection (1) as soon as practicable after significant new data about the product is provided by the supplier or otherwise becomes available to the employer. O. Reg. 168/16, s. 11. (3) An employer may provide a safety data sheet in a different format from that of the supplier safety data sheet for the hazardous product or containing additional hazard information if, (a) the safety data sheet provided by the employer, subject to subsection 40 (6) of the Act, contains no less content than the supplier safety data sheet; and (b) the supplier safety data sheet is available at the workplace and the employer-provided safety data sheet indicates that fact. O. Reg. 168/16, s. 11. employer safety data sheets
18. (1) An employer who produces a hazardous product at a workplace shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet. O. Reg. 168/16, s. 12. (1.1) An employer who affixes a label under subsection 8 (8) or (9) or section 13, and who is unable to obtain a supplier safety data sheet for the hazardous product, shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet. O. Reg. 458/18, s. 6. (2) No safety data sheet is required for a hazardous product that is a laboratory sample produced by the employer at the workplace. O. Reg. 168/16, s. 12. (3) An employer shall update a safety data sheet referred to in subsection (1) as soon as practicable but not later than 90 days after significant new data about the hazardous product becomes available to the employer. O. Reg. 168/16, s. 12. Confidential Business Information
19. (1) A claim under subsection 40 (1) of the Act for exemption from disclosure shall be made only in respect of, (a) in the case of a material or substance that is a hazardous product, (i) the chemical name of the material or substance, (ii) the CAS registry number or any other unique identifier of the material or substance, and (iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the hazard class under that Act; (b) in the case of an ingredient that is in a mixture that is a hazardous product, (i) the chemical name of the ingredient, (ii) the CAS registry number or any other unique identifier of the ingredient, and (iii) the concentration or concentration range of the ingredient; (c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture; (d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade name or brand name; (e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and (f) information that could be used to identify a supplier of a hazardous product. O. Reg. 168/16, s. 12. (2) If an employer excludes from a label or safety data sheet information in respect of which an exemption is claimed, the label or safety data sheet must contain all information otherwise required by this Regulation. O. Reg. 168/16, s. 12.
20. (1) An employer who files a claim under subsection 40 (1) of the Act for exemption from disclosure in respect of a hazardous product shall state on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged, the date that the claim for exemption was filed and the registry number assigned to the claim under the
Hazardous Materials Information Review Act (Canada). O. Reg. 168/16, s. 12. (2) The information described in subsection (1) shall remain on the safety data sheet or label until, (a) 30 days after the final disposition of the proceedings in relation to the claim for exemption; or (b) if an order is issued under the Hazardous Materials Information Review Act (Canada) in respect of the claim, the end of the period specified in the order. O. Reg. 168/16, s. 12.
21. If an employer files a claim under subsection 40 (1) of the Act for an exemption from disclosure in respect of a hazardous product that is produced in the employer’s workplace and the employer excludes from the safety data sheet information in respect of which the exemption is claimed, the following rules apply with respect to the safety data sheet: 1. If the claim is being made in respect of information set out in clause 19 (1) (a) or subclauses 19 (1) (b) (i) or (ii) of this Regulation, the safety data sheet shall include: i. in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance, or ii. in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that, A. individually, is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act
(Canada), and is present above the relevant concentration limit, or B. is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class. 2. If the claim is being made in relation to information set out in clause 19 (1) (d) of this Regulation, the safety data sheet shall include the code name or code number of the hazardous product. O. Reg. 168/16, s. 12.
22. Revoked: O. Reg. 168/16, s. 12.
23. (1) An employer whose claim or a portion of whose claim under subsection 40 (1) of the Act for exemption from disclosure is determined to be valid shall disclose on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged, (a) a statement that an exemption has been granted; (b) the date of the decision granting the exemption; and (c) the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada). O. Reg. 168/16, s. 13. (2) An employer shall disclose the information required under subsection (1) beginning not more than thirty days after the final disposition of the claim and ending on the last day of the exemption period. R.R.O. 1990, Reg. 860, s. 23 (2). Disclosure of Information in Medical Emergencies
24. For the purposes of clause 25 (2) (b) of the Act, an employer is required to provide information, including confidential business information, to a medical professional. R.R.O. 1990, Reg. 860, s. 24. Disclosure of Source of Toxicological Data
25. Subject to subsection 40 (6) of the Act, an employer who produces a hazardous product in a workplace shall disclose as quickly as possible under the circumstances the source of any toxicological data used by the employer to prepare a safety data sheet when the employer is requested to do so by, (a) an inspector; (b) a worker at the workplace; (c) a member of the committee, if any; (d) the health and safety representative, if any; or (e) in the absence of a committee or health and safety representative, a representative of the workers at the workplace. R.R.O. 1990, Reg. 860, s. 25; O. Reg. 168/16, s. 2 (1, 3), 14.
25.1 Revoked: O. Reg. 458/18, s. 7. Citation
26. This Regulation may be cited as the Workplace Hazardous Materials Information System (WHMIS) Regulation. R.R.O. 1990, Reg. 860, s. 26.