Aviation Occupational Health and Safety Regulations (SOR/2011-87)

DIVISION 3Hazardous Products

Interpretation

5.22 The following definitions apply in this Division.

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

container

container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank. (contenant)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 5.25(1). (fiche de données de sécurité du lieu de travail)

Application

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

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (c) wood or a product made of wood.

• (2) This Division, other than section 5.28.1, does not apply to hazardous waste.

Supplier Safety Data Sheets

• 5.24 (1) Subsections (2) to (4) do not apply in respect of a hazardous product that is

  • (a) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act; or

  • (b) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

• (2) If a hazardous product is received on board an aircraft by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

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

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (3) If the supplier safety data sheet in respect of a hazardous product on board an aircraft is three years old or more, the employer shall, if feasible, obtain from the supplier a current supplier safety data sheet.

• (4) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that becomes available to the employer.

Work Place Safety Data Sheets

• 5.25 (1) Subject to section 5.29, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board an aircraft in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;

  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;

  • (c) the supplier safety data sheet is readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available on board the aircraft.

• (2) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

• (3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

Availability of Safety Data Sheets

• 5.26 (1) Every employer shall, on board an aircraft in which an employee is likely to handle or be exposed to a hazardous product, keep readily available a copy of the work place safety data sheet or the supplier safety data sheet, as the case may be, in English and in French, for examination by employees and by any policy committee, work place committee or health and safety representative.

• (2) The work place safety data sheet and supplier safety data sheet shall be made readily available in any form, as determined in consultation with the policy committee, or if there is no policy committee, the work place committee or the health and safety representative.

Labels

• 5.27 (1) Each hazardous product, other than a hazardous product listed in subsection 5.24(1), on board an aircraft and each container in which the hazardous product is contained on board an aircraft shall, if the hazardous product or the container is received from a supplier,

  • (a) in the case where the hazardous product is in a bulk shipment, be accompanied by a supplier label;

  • (b) in the case where the employer has agreed in writing to apply a label to the inner container of the hazardous product, have applied to it a supplier label as soon as feasible after the hazardous product is received from the supplier; and

  • (c) in any other case, have applied to it a supplier label.

• (2) Subject to section 5.29, if a hazardous product, other than a hazardous product listed in subsection 5.24(1), is received from a supplier and an employer places the hazardous product on board an aircraft in a container other than the one in which it was received from the supplier, the employer shall apply to the container a supplier label or 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 on board the aircraft.

• (3) Subject to sections 5.28 and 5.29, no person shall remove, deface or modify the supplier label applied to a hazardous product, or its container, that is on board an aircraft.

Replacing Labels

• 5.28 (1) If, on board an aircraft, 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 on board the aircraft.

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

Hazardous Waste

• 5.28.1 (1) If a hazardous product on board an aircraft is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the hazardous product by

  • (a) applying a label to the hazardous waste or its container; or

  • (b) posting a sign in a conspicuous place near the hazardous waste or its container.

• (2) The employer shall provide education and training to employees regarding the safe storage and handling of hazardous waste that is found in the work place.

Exemptions from Disclosure

• 5.29 (1) 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) However, 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, a code name or code number specified by the employer as the product identifier for that hazardous product.

Prescribed Medical Professional

5.30 For the purposes of subsection 125.2(1) of the Act, a medical professional is a nurse who is registered or licensed under the laws of a province.

PART 6Safety Materials, Equipment, Devices and Clothing

General

• 6.1 (1) If feasible, every employer shall eliminate any health or safety hazard in the work place or reduce it to a safe limit.

• (2) If it is not feasible to eliminate a health or safety hazard or reduce it to a safe limit, the employer shall provide every person granted access to the work place who may be exposed to the hazard with protection equipment prescribed by this Part.