OHS Code Explanation Guide

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

Section 410 Exemption from disclosure

When a claim for an exemption to disclose confidential business information is determined to be valid by HMIRC, the employer must revise the MSDS and label within 30 days of final disposition of the claim. The information that must be included, in place of the date the claim was filed, is a statement that an exemption was granted, the date of the decision and registry number assigned to the claim. The date of final disposition is, where there is no appeal of the decision, the date of expiry of the appeal period. Where there is an appeal of a decision, it is the date of expiry of the appeal period that applies to the decision on the first appeal (unless that decision is appealed). Claims that are approved by HMRIC may include an order for changes to the MSDS and/or label. These changes must be made unless successfully appealed.