Exemptions for confidential business information for workplace hazardous products: Compliance review and enforcement

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Prioritization framework

We will subject all products with an exemption to a prioritization process. This process is based on criteria that ranks products based on potential risk factors related to worker health and safety.

The prioritization process helps us to determine which products to select for an in-depth compliance review. Prioritization will be complemented by other reasons to select a product for review, including random sampling.

You are responsible for ensuring that your product's safety data sheet (SDS) (and label, if applicable) are compliant, whether it is prioritized for in-depth compliance review or not.

Safety data sheet and label compliance

If we prioritize a product with an exemption for an in-depth compliance review, we assess the SDS (and label, if applicable) to determine compliance with the:

Hazard evaluation process

To evaluate a product, we start with a literature search of national and international public sources to gather available hazard information that may be relevant to the product. This could include toxicological information on ingredients found in a product.

Next, we review and evaluate the toxicological studies, supporting information provided with the claim and other materials retrieved during the literature search.

We then use our evaluation of the hazards of a product to inform compliance reviews and decisions on a product's SDS (and label, if applicable).

Compliance decisions

Preliminary decision

Once we complete our compliance review, we issue a preliminary compliance decision on the SDS (and label, if applicable). This decision outlines our findings, including hazard classification(s) and potential non-compliances found.

You have 30 days to provide any new information if you do not agree with our preliminary compliance decision. All new information you provide will be considered and used to inform our final compliance decision.

Final decision

After the 30-day response period has passed, we issue our final compliance decision. This includes corrective measures required for any non-compliances found. This decision is made in accordance with the authority provided by the Hazardous Materials Information Review Act.

You then have 30 days to comply with these corrective measures by providing a revised copy of the SDS (and label, if applicable) containing all requested changes.

Once you have met all requirements, we will notify you by sending a confirmation letter.

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We may issue an order if:

If you do not comply with the corrective measures outlined in our final compliance decision and submit a compliant SDS (and label, if applicable) within 30 days of receiving the final compliance decision, we may issue an order under section 18 of the Hazardous Materials Information Review Act.

If an order is issued, you have 30 days to comply by providing a revised copy of the SDS (and label, if applicable) containing all requested changes. If you do not comply with the order, we will take further appropriate compliance and enforcement action, such as suspending or cancelling your exemption.

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Suspension and cancellation

Reasons for suspending or cancelling an exemption include:

If we have issued an order under section 18 of the Hazardous Materials Information Review Act and you do not comply in the time and manner specified, your exemption may be suspended or cancelled under section 22 of the act.

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