OHS Code Explanation Guide

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

Section 404 Material safety data sheet – supplier

The employer is responsible for ensuring that a supplier MSDS that complies with the requirements of the Hazardous Products Act and the Controlled Products Regulations is obtained from a supplier when a controlled product is used at the workplace. This responsibility is not transferable to another organization or agency.

This section allows the employer to store a controlled product at the workplace for 120 days while actively seeking a supplier MSDS. If the MSDS is not received within the 120-day period, the employer may
(a) develop an MSDS for the product in accordance with the requirements of the Controlled Products Regulations;
(b) ship the product back to the supplier; or
(c) properly dispose of the product in accordance with applicable environmental legislation.