OHS Code

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

Section 409 Interim non-disclosure

(1) Subject to subsection (2), an employer who claims an exemption from the Hazardous Materials Information Review Commission may,

(a) delete the information that is the subject of the claim for exemption from the material safety data sheet for the controlled product, and

(b) remove a supplier label and replace it with the work site label that complies with this Part.

(2) An employer may delete confidential business information and remove the documents from the date the employer files the claim for exemption until its determination by the Commission if the employer discloses on the material safety data sheet, and where applicable, on the label of the product or its container,

(a) the date on which the claim for exemption was filed, and

(b) the registry number assigned to the claim for exemption under the Hazardous Materials Information Review Act (Canada).

(3) An exemption is valid for 3 years after the date the Commission determines the information is confidential business information.