Cassandra Taylor
Regulatory Specialist,
Nexreg Compliance Inc.
Regulatory International
Influences
2018 International Update
2018 has been a lively year in the global regulatory sphere.
This year, the world-wide regulatory environment has proven
to be dynamic and constantly shifting, with new regulations
changing the requirements for achieving chemical compliance.
For those of you who are curious about international chemical
compliance, here is an overview of recent regulatory developments
as countries move towards full implementation of the Globally
Harmonized System of Classification & Labeling of Chemicals
(GHS).
Canada concludes GHS transition
and performs audit on WHMIS 2015 SDS
Dec. 1 marked the deadline for Canadian employers to ensure
their facilities contain GHS format Safety Data Sheets (SDS)
and labels according to the Hazardous Products Act (HPA) and
the Hazardous Products Regulations (HPR). This means that the
entire Canadian supply chain is now expected to comply with the
Workplace Hazardous Materials Information System 2015
(WHMIS 2015) GHS requirements.
In view of the GHS transition, Health Canada has audited publicly
available SDS for 188 hazardous products. The objective of
this initiative was to
obtain information
about the compliance
of SDS for hazardous
products on
the market according to the HPA and HPR. By identifying areas
of non-compliance, Health Canada plans to develop compliance
promotion initiatives such as guidance documents for industry, as
well as provide focus areas for inspectors during SDS audits.
A variety of Canadian SDS were selected for review, ranging
from simple (<2 hazard classifications) to complex (>4 hazard classifications)
and from various provinces and territories throughout
Canada. Each SDS was checked thoroughly for non-compliances
such as false or misleading information as well as missing, incomplete
or ambiguous data. Overall, there was an average of 26
non-compliances observed per SDS, with the lowest number on
any document being two and the highest being 70.
Common issues found with the SDS were missing information,
such as common chemical names, flammability or initial boiling
range, as well as incomplete or ambiguous information, such as
indicating odor descriptors like “mild” or “pungent.”
Health Canada has indicated that they are not looking to
prosecute for these types of violations, but instead intend to
educate and help bring suppliers of hazardous chemicals towards
compliance. Based on the information obtained during this audit,
industry can look forward to additional guidance publications to
help achieve compliance with the requirements of WHMIS 2015.
In April 2018, Health Canada released an amendment to the
HPR that allows industry to use prescribed concentration ranges
on SDS to protect the actual concentrations of chemical ingredients.
Previously, suppliers were required to submit a costly Hazardous
Materials Information Review Act (HMIRA) claim to protect
the exact percent of hazardous ingredients in their products. Between
2015 and 2018, Health Canada received a significant influx
of HMIRA exemption claims. Following the amendment, suppliers
who have registered a claim for concentration exemption under
the HMIRA were contacted to seek their interest in potentially
cancelling these claims. Those that have confirmed interest can
expect to be contacted this winter to proceed with the cancellation
process.
Health Canada has revealed some other changes in the pipeline
pertaining to WHMIS and HMIRA. Health Canada will be updating
the regulations to align with Revision 7 of the GHS, which was
published by the United Nations in 2017. Other possible amendments
include clarification, revisions and corrections to existing
provisions in the HPR. The HMIRA has not been updated since it
came into force in 1987. Modernization of various elements in the
Act would allow for increased worker protection, better industry
support and more efficiency in the administration of the program.
Some specific changes to the HMIRA that have been suggested
include updated enforcement tools and the removal of the department’s
requirement to guarantee compliance of all SDS and labels
submitted for Confidential Business Information (CBI) claims. As
of April 1, 2019, the Service Fee Act will be implemented under
HMIRA; this will result in an annual fee adjustment based on the
consumer price index.
Mexico implements GHS
A mandatory standard implementing the 5th edition of GHS in
Mexico came into force on Oct. 9, 2018. The Mexican Official
Standard, NOM-018-STPS-2015,
Harmonized System for the Identification
& Communication of
Hazards & Risks of Hazardous
Chemicals in the Workplace
(Sistema Armonizado para la
Identificación y Comunicación
de Peligros y Riesgos por Sustancias
Químicas Peligrosas en los
Centros de Trabajo) replaces the
previous voluntary system and establishes new requirements for
chemical hazard communication in the Mexican workplace.
Mexico has adopted all available building blocks in Revision
7 of the GHS. This means that hazard classifications that are
optional in the U.S. and Canada, including all aquatic toxicity
classifications, Acute Toxicity 5 and Skin Irritant 3 hazards, must
be considered when generating SDS for Mexico. Mexico GHS also
includes the Aerosol 3 classification for non-flammable aerosols,
which has yet to be adopted in the U.S. and Canada.
40 Spray December 2018