SATA 2015 – Fall Presentation (WHMIS 2015) Dr. Mike Moffatt Nexreg Compliance Inc. [email protected] (519)488-5126

SATA 2015 – Fall Presentation (WHMIS 2015)

Dr. Mike MoffattNexreg Compliance Inc.

Nexreg Compliance [email protected]

(519)488-5126

Eight Big Questions

1. What changes with WHMIS 2015?


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ANSWER: ALMOST EVERYTHING TO DO WITH SAFETY DATA SHEETS AND WORKPLACE

LABELS!

A quick review…


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What is GHS?

•U.N. Initiative: Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

•HarmonizedClassification Criteria Safety Data Sheets (SDSs) Label Elements


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Building Block Approach


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Purple Book – Up to 5th Revision.•3 Hazard Groups: Health, Physical, Enviro.•28 classes (10 H, 16 P, 2 E)•Categories (under class)

e.g. Ph: Flammable Aerosol, Category 2



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•2 Signal Words (Danger, Warning)•Combined Hazard Statements•Combined Precautionary Statements•Standardized 16 section SDS•9 Pictograms (non-transport)



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•Each jurisdiction has adopted some building blocks but not others

•Each jurisdiction has adopted non-GHS rules (EU SDS Format 453/2010, Prop 65, etc.) which must also be followed

GHS IS NEITHER GLOBAL NOR HARMONIZED!

Obtaining the Official Regulations


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A copy of the official regulations can be obtained from the Government of Canada Gazette Website:http://gazette.gc.ca/rp-pr/p2/2015/2015-02-11/html/sor-dors17-eng.php

Alternatively, Nexreg can send you a copy by e-mailing: [email protected]

http://gazette.gc.ca/rp-pr/p1/2014/2014-08-09/html/reg1-eng.php

mailto:[email protected]

Alphabet Soup of Acronyms


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This move replaces the existing:Controlled Products Regulations (CPR)

that governs:Workplace Hazardous Materials Information System (WHMIS)

with a new: Hazardous Products Regulations (HPR)

that governs:Workplace Hazardous Materials Information System 2015 (WHMIS

2015)

which is based on:The Globally Harmonized System (GHS)

New HPR vs. Current CPR


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Ultimately, the new regulations differ from current CPR in five broad areas:1. The manner of establishing the classification of

workplace hazardous chemicals2. Classification of physical hazards3. Classification of health hazards4. Hazard communication and other requirements5. Exemptions



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•The requirement from CPR for a hatched border around the label content was not retained

•The requirement that the label contain a statement to the effect that a material safety data sheet is available was not retained



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•The SDS must only disclose ingredients in the mixture that present a health hazard.

•Current CPR requires disclosure of ingredients: • classified as physical hazards, • listed in the Ingredient Disclosure List • believed on reasonable grounds to possibly be harmful• for which the toxicological properties are not known



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• The 3 year renewal requirement was not retained The SDS and label must be accurate at the time of each

sale or importation of the product. Anytime new information is available the documents must be re-reviewed.


Takeaway: Need to ensure your company has authored WHMIS 2015 SDSs and labels before

June 2017.


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Eight Big Questions

2. What are the major differences between WHMIS 2015 and US Hazcom 2015?

(Note: This only covers major differences. There are plenty of minor ones as well.)


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Differences Between US and Canada


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•We are happy with the similarity to US Hazcom 2012 “… and is aligned with the HCS 2012”

•A handful of significant differences mostly due to some existing Canadian rules being retained

•As such, not 100% harmonization but very close

Overall Impression of the Regulations


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• “… and is aligned with the HCS 2012”

• HPR and HCS 2012 are aligned such that both can be combined onto a single document

One Area of Concern…


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Proprietary/Trade Secret Chemicals:

•Currently, Canada and US differ greatly with how proprietary/trade secret chemicals are handled.

HMIRA# vs. “withheld as a trade secret” statement Exact concentrations vs. No Set Ranges

Darren Dunn

I understand that the focus of this presentation is not to compare Canada and US GHS. However, combining the two jurisdictions onto a single document is always a hot-topic when discussing Canada GHS and I feel this is the major issue surruonding combining them.

WHMIS Ranges Are Now Dead

You now need exact percentages on your SDSs – these WHMIS ranges are no longer allowed.


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One Area of Concern…


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Exact Concentrations vs. No Set Ranges• Canadian GHS did not retain WHMIS ranges. It has been stated that the exact % must be disclosed unless there is a known variance in the raw material or manufacturing process (or register for a HMIRA#)

• American GHS states that you can assign any chemical range desired, as long as the statement “withheld as a trade secret” appears.

Use of Trade Secret Claim

Must apply for a HMIRA number through Health Canada. Must send formula information and the reason why ingredient/ingredient(s) should be considered proprietary.

http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/hmira-lcrmd/exemption-derogation/index-eng.php


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If trade secret status granted, then name of chemical changed to a generic name and CAS No. and concentration range changed to HMIRA#. Date granted must be listed on MSDS.e.g. Solvent *HMIRA# 1234

*HMIRA #1234 Trade Secret Grant Date 01/01/2012


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Fees per submission – Original:• The first 15 original claims filed in a single submission cost

$1,800 each.• The next 10 original claims filed in a single submission, from

16-25, cost $400 each.• All original claims in excess of 25 filed in a single submission,

cost $200 each.


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Fees per submission – Re-Filed:• The first 15 re-filed claims filed in a single submission cost

$1,440 each.• The next 10 re-filed claims filed in a single submission, from

16-25, cost $320 each.• All re-filed claims in excess of 25 filed in a single submission,

cost $160 each.


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Fees for small businesses are discounted by 50% for firms that have revenues of less than $3,000,000 AND employs fewer than 100 persons.


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Canadian Supplier Information Needed

Both SDS and Label require Canadian contact information:

“Initial supplier identifier means the name, address and telephone number of the Canadian manufacturer or importer of a hazardous product who operates in Canada.”

http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/ghs-sgh/classification/hazardous-products-produits-dangereux/label-elements-etiquette-eng.php


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Canadian Supplier Information Needed

Can include U.S. contact information as well (which is important for jointly compliant documents).

Note: The supplier identifier on the label must match the supplier identifier provided on the SDS.


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Differences between USA and CAN GHS


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The following HPR label requirements are not aligned with HCS 2012:

•Carcinogenicity – Carcinogenic ingredients @ 0.1% or more required a label under HPR

•The following classifications require a label under HPR PHNOC and HHNOCs Biohazardous Infectious Materials Water Reactive Substances



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Hazard Statements

• HPR does not allow the omission of non-applicable hazard statement

• HCS 2012 allows you to remove hazard statements that do not apply



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Small Volume Containers

• Products packaged in small volume containers (<100 mL) are proposed to be exempt from the requirement to bear P or H statements on the label

• HCS 2012 does not provide such an exemption. However, OSHA addresses provisions for small package labelling in response to questions from individual suppliers



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Small Volume Containers (3mL or less)

• Products packaged in a container with a capacity of 3 mL or less where the label interferes with the use of the product are required to have a label only while in transport/storage, not during their use

• HCS 2012 does not provide such an exemption. However, OSHA addresses provisions for small package labelling in response to questions from individual suppliers



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Multiple Containers or Kits

• HPR requires that all containers in which a product is packaged has a label. An outer container that contains two or more products (such as a kit) can bare a reduced label

• HCS 2012 only requires that the immediate (innermost) container of a product to be labelled. Therefore there is no exemption for the labelling of outer containers

2. US-Canada Differences

Takeaway: Cannot just use US documents in Canada. Significant differences still exist

between the two systems.


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Eight Big Questions

3. How does WHMIS 2015 Change Requirements for Consumer Products?


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Something to keep in mind…


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GHS regulations do not affect consumer labels!

•HCS 2012 does not apply to CPSC Consumer Labels with regards to the US

•HPR will not apply to CCCR consumer labels with regards to Canada

3. Consumer vs. Workplace

Takeaway: Canada still running parallel workplace vs. consumer label regulations.

Same issues still exist with ensuring workplace chemicals meet workplace standards.


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Eight Big Questions

4. What are supplier requirements under WHMIS 2015?


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Supplier Requirements


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During the transition, suppliers can provide SDSs and labels in either WHMIS 2015 or WHMIS 1988 systems, but they must be consistent for an individual product (that is, label must match SDS).



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Manufacturers and distributors must provide WHMIS 2015 compliant documents after their respective deadlines.



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Companies can not combine WHMIS 2015 and WHMIS 1988 information on to a single document, though many will try.

4. Supplier Requirements

Takeaway: During the transition period, manufacturers/distributors can still provide SDSs and labels under old format. May be worth pressing companies to have WHMIS 2015 documents well ahead of deadline.


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Eight Big Questions

5. What Does WHMIS 2015 Require of Workplaces?


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Workplace Requirements


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During the transition period, workers will be in contact with both WHMIS 2015 and WHMIS 1988 labels and SDSs, meaning they will need to be familiar with both systems.

Workplace Requirements


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As soon as the first product that is in the workplace that has an SDS and label for WHMIS 2015, workers must be trained in that system.

5. Workplace Requirements

Takeaway: If there’s WHMIS 2015 products in workplace, workers must be trained in the new

system.

If there’s still WHMIS 1988 products in workplace, that training must continue.


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Eight Big Questions

6. What Are the Compliance Dates for WHMIS 2015?


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Canadian Proposal – June 29, 2013Canada GHS Implementation Phases

Phase 1: Feb 2015 to May 2017 - Transition to GHS. Either old WHMIS or new GHS documents will be accepted during this time.

Phase 2: June 2017 to May 2018 – Manufacturers MUST be fully compliant with WHMIS 2015 starting June 2017. Distributors have until May 2018 to be fully compliant

Phase 3: June 2018 to Nov 2018 - All suppliers/ manufacturers/importers /distributors must follow GHS. But workplaces can continue to use up their old documents and labeled products.

Dec 2018 - full transition complete

6. Deadlines

Takeaway: U.S. experience shows that deadlines sneak up on companies. Will not

want to leave until last minute.


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Eight Big Questions

7. What Are the Biggest Challenges for Joint US-Canadian Compliance?


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Joint Compliance Challenges


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1. Trade secrets. U.S. Hazcom 2012 rules relatively lenient when it comes to ingredient disclosure and use of percentage ranges. Canadian WHMIS 2015 rules rather strict. May need to consider applying for a HMIRA#.



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2. Ensuring Canadian-based contact information on SDSs and labels. Not having correct address information is easily spotted by an inspector.



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3. Many little differences between Hazcom 2012 and WHMIS 2015. Document authors need to be well versed in WHMIS 2015. Cannot simply use U.S. documents in Canada and document authors must be well-versed in WHMIS 2015.



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4. Overall, there will be similar to challenges in Hazcom 2012, particularly around obtaining classification information from upstream suppliers.

Eight Big Questions

8. What Has Health Canada Recently Confirmed?


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Recent Confirmations


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1. The HPR does not completely follow the 5th version of the UN GHS. It follows for most hazards but not all (specifically Aerosol Cat 3) which is not in 3rd version but is in 5th.



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2. WHMIS 2015 states that the H and P statements must come directly from the UN GHS regs. But HC has confirmed they will accept Hazcom 2012 statements as long as same meaning is expressed.



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3. HC’s WHMIS website used to sat that P statement backslashes were not permitted on the actual SDS/label. They have since retracted this.



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4. Yes, companies need to pay to list trade secret ranges on SDSs. This is no longer free for Canada (as it was with WHMIS ranges).

WHMIS 2015 – What Canadian Employers Need to Know


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Questions?

Documents

SATA 2015 – Fall Presentation (WHMIS 2015) Dr. Mike Moffatt Nexreg Compliance Inc. [email protected] (519)488-5126