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Volume 58, No. 5

30/2015

The British Columbia Gazette,

Part II

March 10, 2015

B.C. Reg. 30/2015 , deposited February 27, 2015, under the WORKERS COMPENSATION ACT [sections 225 (1), 226 (1), 227 and 228]. Resolution of the Workers’ Compensation Board, dated February 25, 2015.

THE WORKERS’ COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to requirements of the Occupational Health and Safety Regulation (BC Regulation 296/97, as amended)

WHEREAS:

Pursuant to

section 225 (1) of the Workers Compensation Act , R.S.B.C. 1996, c. 492 and amendments thereto (“ Act ”), the Workers’ Compensation Board (“WCB”) may make regulations it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND

WHEREAS:

AND

WHEREAS:

Section 227 of the Act requires that this regulation must specify the date on which it comes into force. This regulation specifies the date on which sections 5 and 6 of the Workers Compensation Amendment Act, 2015 , Bill 9, come into force. While this is unusual, it is still a specification of a date and is in keeping with the intention of

section 227;

AND

WHEREAS:

The WCB, pursuant to its mandate under the Act has given notice of the proposed amendments, conducted consultations and held a public hearing on the following proposed amendments in accordance with

section 226 (1) of the Act :

Part 1 –

Definitions

Part 4 – General Conditions

Part 5 – Chemical Agents and Biological Agents

Part 6 – Substance Specific Requirements

Part 9 – Confined Spaces

Part 12 – Tools, Machinery and Equipment

Part 24 – Diving, Fishing and Other Marine Operations

AND

WHEREAS:

Pursuant to

section 228 of the Act , a review of the above Parts was undertaken by the WCB as part of the process of ongoing review of and consultation on its regulations to ensure they are consistent with current workplace practices, technological advances and other changes affecting occupational health and safety and occupational environment;

AND

WHEREAS:

The Board of Directors, after due consideration of all presentations to the WCB, considers it necessary and advisable in accordance with the WCB’s mandate under the Act in relation to occupational health and safety and occupational environment, to amend Parts 1, 4, 5, 6, 9, 12, and 24 of the OHSR;

AND

WHEREAS:

The WCB must specify the date on which regulations come into force, which date must be at least 90 days after their deposit under the Regulations Act , as per

section 227 of the Act ;

AND

WHEREAS:

Pursuant to the Provincial Government’s Regulatory Reform Policy , the BOD has evaluated the proposed regulatory amendments according to the established regulatory criteria.

THE BOARD OF DIRECTORS RESOLVES THAT:

1. The regulatory amendments to the OHSR, as set out in Appendix A, are approved;

2. The amendments to the OHSR in Appendix A come into force on the date on which sections 5 and 6 of the Workers Compensation Amendment Act, 2015 , Bill 9, come into force;

3. The regulatory amendments to the OHSR in Appendix A will be deposited with the Registrar of Regulations in such form as may be required by the Registrar;

4. The Regulatory Criteria Checklist in Appendix B is approved.

Dated at Richmond, British Columbia, on February 25, 2015.

By the Workers’ Compensation Board

GEORGE MORFITT, FCA, Chair, Board of Directors .

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 1.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) by repealing the definition of “controlled product” ,

(

b) by adding the following definition:

“hazardous product” means any product, mixture, material or substance that is classified in accordance with the regulations made under

section 15 (1) of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in

Schedule 2 of that Act; ,

(

c) by repealing the definition of ““material safety data sheet” or “MSDS”” ,

(

d) by adding the following definition:

“safety data sheet” or “SDS” means a document that contains, under the headings that, by virtue of the regulations made under

section 15 (1) of the Hazardous Products Act (Canada), are required to appear in the document, information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product in the workplace; , and

(

e) by adding the following definition:

“WHMIS” means the Workplace Hazardous Materials Information System referred to in

section 5.3; .

Section 4.17 (1) is amended by striking out “ controlled products ” and substituting “ hazardous products ”.

Section 5.1 is amended

(

a) by repealing the definition of “bulk shipment” and substituting the following:

“bulk shipment” means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:

(

a) a vessel that has a water capacity equal to or greater than 450 litres;

(

b) a freight container, road vehicle, railway vehicle or portable tank;

(

c) the hold of a ship;

(

d) a pipeline; ,

(

b) by adding the following definition:

“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society; ,

(

c) by repealing the

definitions of “commission” and “compressed gas” and substituting the following:

“compressed gas” means a substance that meets the criteria for Physical Hazard Class – Gases Under Pressure,

Part 7, Subpart 5 of the HPR; ,

(

d) by adding the following definition:

“container” includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle, but does not include a storage tank; ,

(

e) by repealing the definition of “flammable gas” and substituting the following:

“flammable gas” means a substance that meets the criteria for Physical Hazard Class – Flammable Gases,

Part 7, Subpart 2 of the HPR; ,

(

f) in the definition of “fugitive emission” by adding “ where workers may be readily exposed ” after “ product ”,

(

g) by repealing the

definitions of “hazard information” and “hazardous waste” and substituting the following:

“hazard information” means information on the proper and safe use, storage and handling of a hazardous product and includes information related to its health and physical hazards;

“ Hazardous Materials Information Review Act ” or “HMIRA” means the Hazardous Materials Information Review Act (Canada);

“ Hazardous Products Act ” or “HPA” means the Hazardous Products Act (Canada);

“Hazardous Products Regulations” or “HPR” means the Hazardous Products Regulations (Canada);

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; ,

(

h) by repealing the definition of “label” and substituting the following:

“label” means a group of written, printed or graphic information elements that relate to a hazardous product, which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged; ,

(

i) by adding the following definition:

“laboratory sample” means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and is intended solely to be tested in a laboratory, but does not include a sample that is to be used

(

a) by the laboratory for testing other products, mixtures, materials or substances, or

(

b) for educational or demonstration purposes; ,

(

j) by repealing the definition of “manufactured article” and substituting the following:

“manufactured article” means an

article that is formed to a specific shape or design during manufacture, the intended use of which, when in that form, is dependent in whole or in part on its shape or design and that, under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product; ,

(

k) by repealing the definition of “product identifier” and substituting the following:

“product identifier” means, in respect of a hazardous product, the brand name, chemical name, common name, generic name or trade name; ,

(

l) by repealing the definition of “readily available” and substituting the following:

“readily available” means, when used in connection with an SDS, present in an appropriate place and in the form of either

(

a) a physical copy that can be handled, or

(

b) an electronic copy,

that is accessible to a worker at all times; ,

(

m) by repealing the definition of “risk phrase” ,

(

n) by adding the following definition:

“significant new data” means new data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product; ,

(

o) by repealing the definition of “supplier label” and substituting the following:

“supplier label” means a label provided by a supplier that contains the information elements required by the Hazardous Products Act ; , and

(

p) by repealing the definition of “workplace label” and substituting the following:

“workplace label” means a label that discloses

(

a) a product identifier that is identical to that found on the SDS of the corresponding hazardous product,

(

b) information for the safe handling of the hazardous product that is conveyed in a manner appropriate to the workplace, and

(

c) that an SDS, if supplied or produced, is available.

Section 5.2 (

a) is amended by striking out “ MSDSs ” and substituting “ SDSs ”.

Section 5.3 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) Subject to subsections (2) to (4), sections 5.4 to 5.18 (the WHMIS Requirements) apply to employers and workers with respect to hazardous products used, stored or handled at a workplace.

(2) The provisions concerning a supplier label and SDS do not apply if the hazardous product is

(

a) an explosive as defined in

section 2 of the Explosives Act (Canada),

(

b) a drug, food or cosmetic device within the meaning of the Food and Drugs Act (Canada),

(

c) a pest control product as defined in

section 2 (1) of the Pest Control Products Act (Canada),

(

d) a nuclear substance as defined in

section 2 of the Nuclear Safety and Control Act (Canada), that is radioactive, or

(

e) a consumer product as defined in

section 2 of the Canada Consumer Product Safety Act . ,

(

b) in subsection (3) by striking out “ controlled product ” and substituting “ hazardous product ”,

(

c) in subsection (3) by repealing paragraph (

b) and substituting the following:

(

b) tobacco or a tobacco product as defined in

section 2 of the Tobacco Act (Canada), , and

(

d) in subsection (4) by striking out “ worker education ” and substituting “ worker training ”.

Section 5.4 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (2), an employer must ensure that a hazardous product is not used, stored or handled in a workplace unless all the applicable WHMIS Requirements concerning labels, product identifiers, SDSs and worker education and training are complied with. , and

(

b) in subsection (2) by striking out “ controlled product ” and substituting “ hazardous product ”.

Section 5.5 is amended

(

a) by striking out “ controlled products ” and substituting “ hazardous products ”, and

(

b) by striking out “ and ” at the end of paragraph (a), adding “ , and ” at the end of paragraph (

b) and by adding the following paragraph:

(

c) provides for the periodic evaluation of the knowledge of workers using suitable means such as written tests and practical demonstrations.

Section 5.6 is amended

(

a) in subsection (1) (

b) by striking out “ controlled products ” and substituting “ hazardous products ”,

(

b) in subsection (1) (

d) by striking out “ MSDSs ” and substituting “ SDSs ”, and

(

c) by repealing subsections (2) and (3) and substituting the following:

(2) The employer must ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is informed about all hazard information received from the supplier concerning that hazardous product as well as any further hazard information of which the employer is aware or reasonably ought to be aware concerning the use, storage and handling of that hazardous product.

(3) If a hazardous product is produced in a workplace, the employer must ensure that a worker who works with or in proximity to the hazardous product or may be exposed to the hazardous product in the course of his or her work activities has access to all hazard information of which the employer is aware or reasonably ought to be aware concerning the use, storage and handling of that hazardous product.

Section 5.7 is amended by repealing subsection (1) and substituting the following:

(1) An employer must ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is trained in the following:

(

a) the content required on a supplier label and workplace label, and the purpose and significance of the information contained on those labels;

(

b) the content required on an SDS and the purpose and significance of the information contained on the SDS;

(

c) procedures for the safe use, storage, handling and disposal of the hazardous product;

(

d) procedures for the safe use, handling and disposal of the hazardous product contained or transferred in

(

i) a pipe or a piping system including valves,

(ii) a process or reaction vessel, or

(iii) a tank car, tank truck, ore car, conveyor belt or similar conveyance;

(

e) procedures to be followed where fugitive emissions are present if workers may be exposed to those fugitive emissions;

(

f) procedures to be followed in case of an emergency involving the hazardous product.

Section 5.8 is repealed and the following substituted:

Supplier label

5.8

(1) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must ensure that a hazardous product or the container of a hazardous product received at a workplace is attached or printed with a supplier label.

(2) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must not remove, deface, modify or alter the supplier label, as long as any amount of a hazardous product remains in a workplace in the container in which it was received from the supplier.

(3) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must replace the label with either a supplier label or a workplace label if a supplier label applied to a hazardous product or a container of a hazardous product becomes illegible or is accidentally removed from the hazardous product or the container.

(4) If an employer imports and receives a hazardous product under the Hazardous Products Regulations at the workplace, without a supplier label or with a supplier label that does not comply with the Hazardous Products Regulations, the employer must affix a workplace label that meets the requirements of the Hazardous Products Regulations.

(5) The employer must update the labels or the information on containers as soon as significant new data is provided to the employer by the supplier.

(6) An employer who has received an unpackaged hazardous product or a hazardous product transported as a bulk shipment, to which, under the exemption in the Hazardous Products Regulations, a supplier label has not been affixed or attached, must apply a label having the information required of a supplier label to the container of the hazardous product or to the hazardous product in the workplace.

(7) Subsections (2) and (3) do not apply if a label is removed under normal conditions of use of a hazardous product that is in a container that has a capacity of 3 ml or less and the label interferes with the normal use of the product.

Section 5.9 is amended

(

a) in subsections (1) and (2) by striking out “ controlled product ” wherever it appears and substituting “ hazardous product ”,

(

b) by repealing subsection (3) and substituting the following:

(3) Subsection (1) does not apply if the hazardous product is in a container that is intended to contain the hazardous product for sale or disposition and the container is or is about to be appropriately labelled. , and

(

c) by adding the following subsection:

(4) The employer must update the workplace label for a hazardous product produced by the employer as soon as significant new data are available to the employer.

Section 5.10 is amended by striking out “ controlled product ” wherever it appears and substituting “ hazardous product ”.

Section 5.11 is amended

(

a) by striking out “ controlled product ” in both places and substituting “ hazardous product ”, and

(

b) by striking out “ worker education ” and substituting “ worker training ”.

Section 5.12 is amended by striking out “ controlled product ” and substituting “ hazardous product ”.

Section 5.13 is repealed and the following substituted:

Laboratory label

5.13

(1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under the Hazardous Products Regulations, a label provided by the supplier and affixed to, printed on or attached to the container of the product received at the workplace that discloses the following information in place of the information required under the Hazardous Products Regulations complies with the requirements of

section 5.8 of this Part with respect to a supplier label:

(

a) the chemical name or generic chemical name of any material or substance in the hazardous product that, individually, is classified, pursuant to the Hazardous Products Act and the Hazardous Products Regulations, in any category or subcategory of a health hazard class and is present above the relevant concentration limit, or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class, if known by the supplier;

(

b) 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” followed by an emergency telephone number for the purpose of obtaining information that must be provided on the SDS of the hazardous product.

(2) If a hazardous product is in a container other than the container in which it was received from a supplier, or is produced in the workplace, the employer is exempt from the requirement set out in

section 5.10 if the hazardous product

(

a) is a laboratory sample,

(

b) is intended by the employer solely for use, analysis, testing or evaluation in a laboratory, and

(

c) is clearly identified through a combination of

(

i) a mode of identification visible to workers at the workplace, and

(ii) worker education and training required by this Part.

(3) The employer must ensure that the mode of identification and worker education and training referred to in subsection (2) (

c) enable the worker to readily identify and obtain either the information required on an SDS, if one has been produced, or a label or document disclosing the information referred to in subsection (1) (

a) and (

b) with respect to the hazardous product or the laboratory sample.

Section 5.14 is repealed and the following substituted:

Supplier SDS

5.14

(1) Subject to subsection (6), an employer who acquires a hazardous product for use, handling or storage at a workplace must obtain a supplier SDS in respect of that hazardous product that complies with the requirements of the Hazardous Products Regulations.

(2) When a supplier SDS obtained under subsection (1) for a hazardous product is 3 years old, the employer must obtain from the supplier an up-to-date supplier SDS in respect of any of that hazardous product in the workplace at that time.

(3) Subsection (2) does not apply if

(

a) the employer has obtained written confirmation from the supplier that

(

i) the SDS has not changed, or

(ii) the up-to-date supplier SDS does not apply to the hazardous product, or

(

b) it is not practicable for the employer to obtain the up-to-date SDS or written confirmation under paragraph (a).

(4) If the employer is unable to obtain an SDS as required by subsection (2), the employer must add to the existing supplier SDS any significant new data or new hazard information applicable to that hazardous product that the employer is aware of, or ought reasonably to be aware of, on the basis of the ingredients disclosed in that document.

(5) The employer may provide at a workplace an SDS in a format different from the format provided by the supplier or containing additional hazard information if the SDS provided by the employer

(

a) subject to

section 5.18, contains no less content than the supplier SDS, and

(

b) the supplier SDS is available at the workplace and the employer-provided SDS indicates that fact.

(6) If a supplier is exempted by the Hazardous Products Regulations from the requirement to provide an SDS for a hazardous product, the employer is exempt from the requirement to obtain and provide an SDS for that hazardous product.

Section 5.15 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) If an employer produces a hazardous product in the workplace, the employer must prepare an SDS in respect of that product that discloses, subject to

section 5.18, the information required under the Hazardous Products Regulations. ,

(

b) in subsection (2) by striking out “ controlled product ” and substituting “ hazardous product ”, and

(

c) by repealing subsection (3) and substituting the following:

(3) The employer must update the SDS referred to in subsection (1) as soon as practicable after significant new data or new hazard information becomes available to the employer.

Section 5.16 is amended

(

a) in subsection (1) by striking out “ MSDS ” and substituting “ SDS ”,

(

b) in subsection (1) (

a) by striking out “ controlled product ” and substituting “ hazardous product ”, and

(

c) by repealing subsection (2) and substituting the following:

19 The following

section is added:

Availability of toxicological data

5.16.1 Subject to

section 5.18, if an employer manufactures a hazardous product in a workplace, the employer must disclose as quickly as practicable the source of any toxicological data used in preparing the SDS required by

section 5.15 (1), at the request of

(

a) any concerned worker at the workplace, the joint committee or the worker health and safety representative,

(

b) the representative of the workers at the workplace, in the absence of a joint committee or worker health and safety representative, or

(

c) the Board.

Section 5.17 is amended by striking out “ MSDS ” and substituting “ SDS ” and by striking out “ 5.19 (2) ” and substituting “ 5.18 (8) ”.

Section 5.18 is repealed and the following is substituted:

Confidential business information and claims for exemption under the HMIRA

5.18

(1) An employer who is required, under this Regulation, to disclose any of the following information on a label or SDS may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose the information:

(

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 a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health 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;

(

f) information that could be used to identify a supplier of a hazardous product.

(2) A claim under subsection (1) must be made under the Hazardous Materials Information Review Act and must be filed in accordance with the procedures established under that Act and the regulations made under it.

(3) An employer is deemed to comply with

section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under subsection 11 (2) (

a) or (b) (

i) or (ii) of the Hazardous Materials Information Review Act , and the employer prepares an SDS in respect of that hazardous product that discloses the following in place of the information elements listed in

section 3 (1) (a), (b), (

c) and (

d) or 3 (2) (a), (

b) and (

c) of

Schedule 1 of the Hazardous Products Regulations:

(

a) in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance;

(

b) in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that, individually, is classified in any category or subcategory of a health hazard class and is present above the applicable concentration limit or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class.

(4) An employer is deemed to comply with

section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under subsection 11 (2) (b) (iii) of the Hazardous Materials Information Review Act , and the employer prepares an SDS in respect of that hazardous product that does not disclose the information element listed in

section 3 (2) (

d) of

Schedule 1 of the Hazardous Products Regulations.

(5) An employer is deemed to comply with

section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under subsection 11 (2) (

d) of the Hazardous Materials Information Review Act , and the employer prepares an SDS in respect of that hazardous product that discloses, in place of the product identifier, a code name or code number for the product.

(6) An employer who files a claim for exemption from a requirement to disclose information in respect of a hazardous product on an SDS or on a label must disclose on the SDS and, where applicable, on the label of the hazardous product or the container of the hazardous product,

(

a) the date that the claim for exemption was filed, and

(

b) the registry number assigned to the claim under the Hazardous Materials Information Review Act .

(7) The requirements referred to in subsection (6) apply until

(

a) in the case of an order that was issued by a screening officer under the Hazardous Materials Information Review Act , the end of the period that begins on the final disposition of the proceedings under that Act in relation to the claim for exemption and does not exceed the period specified in the order, or

(

b) in any other case, the end of the period not exceeding 30 days after the final disposition of the proceedings in relation to the claim for exemption.

(8) Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (2) until the final disposition of the proceedings under the Hazardous Materials Information Review Act in relation to the claim and for a period of 3 years after that if the claim is found to be valid.

(9) An employer who receives notice of a decision made under the Hazardous Materials Information Review Act that the employer’s claim or a portion of the employer’s claim for exemption from a requirement to provide information in respect of a hazardous product on an SDS or a label is valid must, during the period beginning no later than the end of the applicable period specified in subsection (7) of this

section and on compliance with any order issued under subsection 16 (1) or 17 (1) of the Hazardous Materials Information Review Act , if applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product, disclose on the SDS and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged, the following information:

(

a) a statement that an exemption has been granted;

(

b) the date of the decision granting the exemption;

(

c) the registry number assigned to the claim under the Hazardous Materials Information Review Act .

(10) An employer who makes a claim under subsection (1) must abide by the decisions and orders issued under the Hazardous Materials Information Review Act .

(11) An appeal from a decision or order referred to in subsection (10) may be made under and in accordance with the Hazardous Materials Information Review Act and any regulations made under that Act.

Section 5.19 is repealed.

Section 5.76 is amended by striking out “ Controlled Products Regulations (Canada) ” and substituting “ Hazardous Products Regulations ”.

Section 5.77 (2) is amended by striking out “ controlled product ” and substituting “ hazardous product ”.

Section 5.78 is amended by striking out “ controlled product ” and substituting “ hazardous product ” and by striking out “ MSDS ” and substituting “ SDS ”.

Section 5.79 (

b) is amended by striking out “ MSDS ” and substituting “ SDS ” and by striking out “ controlled products ” and substituting “ hazardous products ”.

27 Table 5-2 is amended

(

a) in column 3 of the row relating to high risk by striking out the entry in the column entitled “ Example ” and substituting the following:

Maintenance of ammonia refrigeration equipment or chlorine bleaching or disinfection equipment, handling corrosive materials such as corrosive cleaning products or chemical reagents where there is a high risk of skin or eye contact, filling chemical storage batteries. The following Health Hazard Classes and Categories in the HPR are included:

(

a) skin corrosion (1A), (1B), (1C);

(

b) serious eye damage (1). , and

(

b) in column 3 of the row relating to moderate risk by striking out the entry in the column entitled “ Example ” and substituting the following:

Spraying automotive paints and finishes, operating solvent degreasing equipment, handling irritant materials such as cleaning products or chemical reagents where there is a moderate risk of skin or eye contact, handling dry-cleaning solvents and spotting agents. The following Health Hazard Classes and Categories in the HPR are included:

(

a) eye irritation (2A), (2B);

(

b) skin irritation (2).

Section 5.98 is amended

(

a) in subsection (1) by striking out “ controlled products ” and substituting “ hazardous products ”, and

(

b) in subsection (2) by striking out “ MSDSs. ” and substituting “ SDSs. ”

Section 6.37 is amended by striking out “ Controlled Products Regulations (Canada) ” and substituting “ Hazardous Products Regulations (Canada) ”.

Section 6.75 is amended by striking out “ MSDS ” and substituting “ SDS ”.

Section 6.108 is amended by striking out “ MSDSs ” and substituting “ SDSs ”.

Section 6.116 is amended in the definition of “toxic process gas” by repealing paragraph (

a) and substituting the following:

(

a) meets the HPR Health Hazard Class – Acute Toxicity, Categories 1, 2 and 3 or the categories set out in the following table:

HPR Health Hazard

Classes

Hazard Categories

Skin corrosion / irritation

Serious eye damage / irritation

Respiratory or skin sensitization

Mutagenicity

Carcinogenicity

Reproductive toxicity

Specific organ toxicity (repeated exposure)

, and .

Section 9.1 is amended in the definition of “harmful substance” by striking out “ controlled product ” and substituting “ hazardous product ”.

Section 12.14 (2) is amended by striking out “ controlled products ” and substituting “ hazardous products ”.

35 Sections 1 to 34 come into force on the date that sections 5 and 6 of the Workers Compensation Amendment Act, 2015, are brought into force.

Dated at Richmond, British Columbia, February 26, 2015.

By the Workers Compensation Board

George Morfitt, FCA

Chair, Board of Directors

Copyright © 2015: Queen's Printer, Victoria, British Columbia, Canada