OHS Code

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

Section 410 Exemption from disclosure

(1) If an employer is notified by the Hazardous Materials Information Review Commission that a claim for exemption under section 408 is valid, the employer may, subject to subsection (2),

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

(b) delete the confidential business information from the material safety data sheet for the controlled product.

(2) An employer may delete confidential business information from a controlled product’s material safety data sheet label if the employer includes on its material safety data sheet and, if applicable, on its label or the container in which it is packaged,

(a) a statement that an exemption from disclosure has been granted,

(b) the date of the Hazardous Materials Information Review Commission’s decision granting the exemption, and

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

(3) The information referred to in subsection (2) must be included for a period of 3 years beginning not more than 30 days after the final disposition of the claim for exemption.