OHS Code

Published Date: July 01, 2009
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Part 29 Workplace Hazardous Materials Information System (WHMIS)

Section 395 Application

(1) Subject to subsections (3), (4) and (5), this Part applies to controlled products at a work site.

(2) An employer must ensure that a controlled product is used, stored, handled or manufactured at a work site in accordance with this Part.

(3) This Part does not apply if the controlled product is

(a) wood or a product made of wood,

(b) tobacco or a tobacco product,

(c) a hazardous waste, or

(d) a manufactured article,

(i) that is formed to a specific shape or design during manufacture,

(ii) that has a shape or design that determines its use in whole or in part, and

(iii) that, under normal use, will not release or otherwise cause a person to be exposed to chemicals emanating from it.

(4) Except for section 407, this Part does not apply if the controlled product is a dangerous good, under the Dangerous Goods Transportation and Handling Act, to the extent that its handling, offering for transport or transport is subject to that Act.

(5) Sections 398, 403, 404, 405, 406, 407 and 408 do not apply if the controlled product is

(a) an explosive governed by the Explosives Act (Canada),

(b) a cosmetic, device, drug or food governed by the Food and Drug Act (Canada),

(c) a product governed by the Pest Control Products Act (Canada),

(d) a nuclear substance governed by the Nuclear Safety and Control Act (Canada), or

(e) a product, material or substance packaged

(i) as a consumer product, and

(ii) in a quantity normally used by a member of the general public.