Labelling Requirements for Laboratory Controlled Products, Canada Labour Code, Part II - 985-1-IPG-027

Effective Date: January 2009 (revised)

1. Subject

Application of paragraph 125.1(d) of Part II of the Canada Labour Code or more specifically of paragraph 10.39(1)(c) of the Canada Occupational Health and Safety (COHS) Regulations concerning controlled products in laboratory work places.

2. Issue

Different interpretations were given to paragraph 10.39(1)(c) of the COHS Regulations concerning labelling requirements of controlled products present in laboratories received prior to October 31, 1988, and those received after that date.

3. Question

3.1 What are the labelling requirements for laboratory controlled products:

  • received before October 31, 1998, from a laboratory supply house;
  • in a container in a quantity of less than 10 kg; and
  • still in the container in which the controlled product was received from the supplier?

3.2 What are the labelling requirements for laboratory controlled products:

  • received after October 31, 1998, from a laboratory supply house;
  • in a container in a quantity of less than 10 kg; and
  • still in the container in which the controlled product was received from the supplier?

4. Conclusion

4.1

For laboratory controlled products received from a laboratory supply house before October 31, 1988, and still in the container of origin, it was agreed that subsection 10.44(3) of the 1988 COHS Regulations would apply and still be valid after the transitional provisions have expired October 31, 1989. This subsection requires a label that discloses the following information:

  • the product identifier;
  • hazard information in respect of the controlled product.

Compliance with these requirements will be accepted by health and safety officers if the employer can confirm that these old laboratory controlled products are still safe to use and if a material safety data sheet was prepared as required by subsection 10.44(2) of the 1988 COHS

Regulations. As per subsection 10.32(4) of the current regulations, unless exempted by the Controlled Products Regulations , no controlled products received from a supplier in a laboratory are exempt from the requirement for a material safety data sheet.

4.2

For laboratory controlled products received from a laboratory supply house after October 31, 1988, if the employer cannot get a label according to 10.39(1)(c) of the COHS Regulations, a label according to that subsection will have to be prepared by the employer before the controlled product is used in the work place. The employer can also import the product, if a label is prepared according to 10.39(1)(c) prior to use. In both situations, where the employer cannot obtain a material safety data sheet from the supplier and the supplier is not exempted by the Controlled Products Regulations from the requirement to prepare a material safety data sheet, the employer must prepare the material safety data sheet and conduct the employee education program prior to use as per subsection 10.31(2).

Fulvio Fracassi
Director General
Program Development and Guidance Directorate
HRSDC-Labour Program

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