OHS Code

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

Section 398 Label required

(1) Subject to subsection (4), an employer must ensure that a controlled product or its container at a work site has a supplier label or a work site label on it.

(2) An employer must not remove, modify or alter a supplier label on a container in which a controlled product is received from a supplier if any amount of the controlled product remains in the container.

(3) If the supplier label on a controlled product or its container is illegible or is removed or detached, an employer must immediately replace the label with another supplier label or a work site label.

(4) Despite section 395(2), an employer may store a controlled product that does not have a supplier label or a work site label on it for not more than 120 days if the employer

(a) is actively seeking the supplier label or the information required for a work site label,

(b) posts a placard that complies with section 401, and

(c) ensures that a worker who works with or in proximity to the stored controlled product knows

(i) the purpose of the placard and the significance of the information on it,

(ii) is trained in the procedures to be followed if there are fugitive emissions, and

(iii) is trained in the procedures to be followed in case of an emergency involving the controlled product.

(5) If a controlled product is received at a work site in a multi-container shipment and the individual containers do not have supplier labels on them, the employer must apply to each individual container a work site label.

(6) If a controlled product imported under section 23 of the Controlled Products Regulations (Canada) (SOR/88-66) is received at a work site without a supplier label, the employer must apply a label disclosing the information and displaying the hazard symbols referred to in paragraph 13(b) of the Hazardous Products Act (Canada).

(7) If a bulk shipment of a controlled substance is received at a work site, the employer must

(a) if a supplier label is provided, apply the supplier label to the controlled product or its container, or

(b) if a material safety data sheet or a statement in writing is transmitted in accordance with section 15 of the Controlled Products Regulations (SOR/88-66) and a supplier label is not provided, apply a work site label to the controlled product or its container.