Dr. Mike Moffatt, Ph.D. Director of Communications, Nexreg Compliance Inc. Regulatory International Influences The latest in compliance from OSHA and Health Canada Another busy quarter in North American chemical product compliance, with Health Canada releasing details of its first Administrative Monetary Penalty and the U.S. Occupational Safety & Health Administration (OSHA) releasing two important documents (one complete, one in draft form) on Hazcom 2012 compliance. Let’s jump right in: 26 Spray June 2016 Canada In late 2010, Canada passed the Canada Consumer Product Safety Act, which replaced Canada’s former Hazardous Products Act. The act gave Health Canada new powers to fine companies for non-compliance (called Administrative Monetary Penalties or AMPs), which Health Canada describes in its guide to AMPs (available at: http://www.hc-sc. gc.ca/cps-spc/pubs/indust/ampr-rsap/index-eng.php): A NoV (Notice of Violation) is a written notice that communicates the details of the contravention, the financial penalty (AMP) for failing to comply with the order as well as the process and deadline for payment. AMPs are calculated in accordance with the Administrative Monetary Penalties (Consumer Products) Regulations (AMPR), and can range from CAD$1,000 to CAD$25,000. Each day that a person fails to comply with an order is a separate violation, and may result in the issuance of a new NoV. Last year saw the first ever AMP levied to a company and it was a large one: CAD$75,000 for five “serious” CCCR, 2001 violations. In 2011, the company, Orange TKO Industries, had three products publicly recalled, including Orange TKO Super Concentrated All Purpose Cleaner for failure to possess a child-resistant container and other CCCR, 2001 label deficiencies. Public recalls of products containing D-limonene for failure to possess a child-resistant closure are quite common in Canada, so companies selling these products in Canada must be vigilant in ensuring their product meets Canadian standards. The AMP was assessed in 2015 for three specific failures on the part of Orange TKO: • Failure to provide a list of products to Health Canada within the time specified in the order. • Failure to provide a distribution list “containing the names and addresses of all clients in Canada” within the time specified in the order. • Failure to complete a recall notice document within the time specified in the order. With this move, we now have a better idea when Health Canada will, in practice, assess AMPs. Companies that find themselves in a recall position must ensure that they provide the full documentation demanded by Health Canada within the timeline that the agency sets. On the public recall front, it has been a relatively quiet few months, with only four sets of chemical products recalled since November 2015, two of which involve aerosol products (the other two involved wood stain and skin-bonding adhesives). In January, a set of enameled finish products (in quart, gallon and aerosol containers) were recalled for lacking Canadian label information. In December, a large public recall of shoe care chemical products took place. Of the nine shoe care chemical products that were recalled, four were aerosols. Aerosols are a favorite target for inspectors, as noncompliance with Canadian law is typically quite easy to spot. Therefore, if you’re selling products through consumer channels in Canada (including online), please ensure your labels are compliant with the CCCR, 2001 regulation. United States OSHA’s recently released Hazard Classification Guidance for Manufacturers, Importers & Employers (available at: https://www.osha.gov/Publications/OSHA3844. pdf) is a massive 432-page tome containing a great deal of information on how to collect and analyze the chemical data needed to author Safety Data Sheets (SDS) and workplace product labels. Although your compliance personnel should review the entire document, there are two sections in particular to pay attention to: Physical and Chemical Properties Data (Page 17): This page lists 14 different “key sources of information” for the physical and chem
Spray June 2016
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