OHS Code

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

Section 403 Laboratory samples

(1) Section 398 does not apply to a controlled product in a laboratory sample if

(a) the sale or importation of the controlled product is exempt from the application of paragraph 13(a) or (b) or paragraph 14(a) or (b) of the Hazardous Products Act (Canada) by the Controlled Products Regulations (Canada) (SOR/88-66), and

(b) the container for the laboratory sample is labelled in accordance with paragraph 10(b) or 17(b) of the Controlled Products Regulations (Canada) (SOR/88-66).

(2) An employer must ensure that a laboratory sample brought into the laboratory is packaged in a container that has a label with the following information printed on it:

(a) the product identifier;

(b) the chemical identity or generic chemical identity of an ingredient of the controlled product referred to in paragraph 13(a) of the Hazardous Products Act (Canada), if it is known to the supplier or the employer;

(c) the name of the supplier or other person providing the sample;

(d) the emergency telephone number of the person providing the sample;

(e) the statement “Hazardous Laboratory Sample. For hazard information or in an emergency call”, followed by the emergency telephone number of the person providing the sample.

(3) An employer must ensure that using the emergency telephone number required under subsection (2)(d) provides

(a) the user with hazard information in respect of the controlled product, and

(b) a medical professional with information in respect of the controlled product that

(i) is referred to in paragraph 13(a) of the Hazardous Products Act (Canada) and in the possession of the person who is providing the laboratory sample, and

(ii) may be required for a medical diagnosis or treatment in an emergency.

(4) Where a controlled product is in a container other than the container in which it was received from the supplier, the employer is exempt from section 400 if the controlled product is used in a laboratory and is clearly identified.

(5) Where a controlled product is manufactured and used in a laboratory, the employer is exempt from section 399 if the controlled product is clearly identified.

(6) Where a controlled product is produced at the work site and is in a container for the sole purpose of use, analysis, testing or evaluation in a laboratory, the employer is exempt from section 400 if the controlled product is clearly identified and the provisions of section 397 are complied with.