Dr. Mike Moffatt, Ph.D. Director of Communications, Nexreg Compliance Inc. Regulatory International Influences Canada gets closer to GHS implementation Since my article in the September issue of SPRAY, Canada is one step closer to adopting the Globally Harmonized System (GHS) by updating the Workplace Hazardous Materials Information System (WHMIS). However, there are still several steps to go until Canada catches up with the U.S. and has a GHS-based law. On Aug. 8, Health Canada reviewed the public feedback to the 2013 draft regulation and used it to issue an updated draft. There was a comment period, which ended on Sept. 8, 2014. We are not expecting any significant changes to this most recent draft when the final rule is released. The new draft regulation is available for download at: http://bit.ly/1tX9rA9 The new rule will update the rules governing Material Safety Data Sheets (now simply called Safety Data Sheets SDS) and workplace chemical labels, but not the Consumer Chemicals & Containers Regulations, 2001 (CCCR, 2001) governing consumer chemicals in Canada. To avoid confusion, I will refer to old WHMIS as the existing rules and new WHMIS to be the rules based on GHS. The expected rollout of new WHMIS is expected to look as follows: Phase 1 – Transition (July 2015 to June 2016) During this period, manufacturers and importers will convert their SDS and labels to the new WHMIS format. Importers and manufacturers can use SDS and labels in either old WHMIS or new WHMIS formats. Phase 2 – Manufacturer & Importer Compliance (July 2016 to December 2016) Importers and manufacturers must supply SDS and labels in only new WHMIS format. Distributors, however, can ship products in either format to allow for a sellthrough of old stock and workplaces can use product labels and SDS in either format. Phase 3 – Distributor Compliance (January 2017 to June 2017) Distributors must now follow only new WHMIS, as well. Canadian workplaces will have until June 2017 to ensure that the labels and SDS of the products they use are new WHMIS compliant. Note that these timelines are not set in stone, but rather our best estimates based on what we have heard from a number of industry groups and trade associations. There have been some concerns that the release of the final rule may be delayed due to the shootings in Ottawa, the Canadian capital, in October. In my view, this is unlikely. It is remarkable how quickly Parliament Hill went back to business, so it is not likely to cause any delays. There is a significant amount of changed text in the 2014 draft rule relative to the 2013 draft rule, but the overall effects are minor. The largest change, in Nexreg’s view, is that under the 2014 draft rule, there are new requirements for “substances and mixtures that, upon contact with water, release a gaseous substance that is acutely toxic.” That is fairly small stuff, and not something that should impact too many companies. More important are the items that were not changed between the 2013 and 2014 drafts, including the following: Disharmony with the U.S.: There are still significant differences between this draft and the U.S. Hazcom 2012 rules, including the classification criteria for pyrophoric gases, simple asphyxiants and combustible dusts. Rules around the disclosure of carcinogenic ingredients also differ between the two countries. Because of these (and many more) differences, companies will not be able to simply use their U.S. labels and SDS in Canada due to differences in regulations. However, in almost all cases, it will be possible to create a set of documents that are jointly compliant with Canada and the U.S. Label Design: The hatched WHMIS border will no longer be a requirement on workplace labels, nor will the statement about the availability of a Material Safety Data Sheet. Flavors & Fragrances: The current Canadian exemption that allows for non-disclosure of flavors and fragrances will not be retained. Companies will not be able to simply use their U.S. labels and SDS in Canada due to differences in regulations. However, in almost all cases, it will be possible to create a set of documents that are jointly compliant. 38 Spray December 2014
Spray Dec 2014
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