REGULATORY NEWS FOR WEEK OF MAY 6, 2019

• Amendments to Emergency Response Assistance Plans (ERAP) published

Transport Canada published an amendment entitled Regulations Amending the Transportation of Dangerous Goods Regulations (Emergency Response Assistance Plan) in the Canada Gazette, Part II on May 1, 2019.

Some highlights of the amendment (courtesy Andy Ash):

• The letters ERAP must be included on the Shipping Document (Part 3), no more ERP.
• There is a new definition of residue. (Part 1) – residue means the dangerous goods remaining in a means of containment after its contents have been emptied to the maximum extent feasible and before the means of containment is either refilled or cleaned of dangerous goods and purged to remove any vapours.
• How to apply for ERAPs and its administration
• Who activates ERAPs
• There is a two tier activation of an ERAP (Part 7.8)
• These changes come into force June 1, 2019.
• Consultation launched on updates to the Cosmetics Ingredient Hotlist

The proposed updates to the Hotlist are posted for consultation for a 60-day comment period. Prior to publication of the final revised Hotlist, Health Canada will respond to comments received during the consultation. Following evaluation of information and comments received during the consultation, the revised Hotlist will be posted on the website. Additionally, a notice will be sent to subscribers to the Cosmetics Mailing List as well as all notifiers who have previously submitted a cosmetic notification form.

• Canadian Food Inspection Agency introduces Administrative Monetary Penalties (AMPS)

The Government of Canada is committed to maintaining a strong food safety system. Today, the Canadian Food Inspection Agency (CFIA) announced that Administrative Monetary Penalties (AMPs) of up to $15,000 can now be issued for violations by food businesses that threaten food safety and market access for Canadian goods.

• Beginning in June 2019, Dairy Export Certificates will be available through My CFIA

Making Dairy Export Certificates available for request through My CFIA will significantly improve the application and issuance process. Rather than having to drive, fax, or email an application to a local CFIA office, industry will be able to submit the service request, and pay for the certificate through the My CFIA portal. In addition, My CFIA users can also access the system 24/7 to track, manage, copy and reuse their application for future requests

• Final screening assessment for epoxy resins Group published

Considering all available lines of evidence presented in this screening assessment, there is low risk of harm to organisms and the broader integrity of the environment from DGEBA epoxy resin and Novolac epoxy resin. It is concluded that DGEBA epoxy resins and Novolac epoxy resin do not meet the criteria under paragraphs 64(a) or (b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitutes or may constitute a danger to the environment on which life depends.

• Federal Environmental Quality Guidelines

The Draft Federal Environmental Quality Guidelines for Iron, Lead, Quinoline and Strontium were published for a 60-day public comment period ending on July 3, 2019.

• 7 substances added to the Domestic Substances List (DSL)
• Revision to the North American Industry Classification System (NAICS) Canada

Statistics Canada invites data producers and data users, representatives of business associations, government bodies at the federal, provincial and local levels, academics and researchers and all other interested parties to submit proposals for the revision to the North American Industry Classification System (NAICS) Canada. The revised version of NAICS will be called NAICS Canada 2022 Version 1.0.

• British Columbia introducing housekeeping amendments to the Assessment Manual

The consultation period will end on May 24, 2019. While housekeeping amendments to policy do not require a decision by WorkSafeBC’s Board of Directors, if any related policy decision-making should be required, the Board of Directors will consider stakeholder feedback before making a decision.

• Ontario Ministry of Labour Continuing Digital Evolution

The digital evaluation at the Ministry of Labour is a win-win-win for workers, businesses and government:

• The digital self-audit tool will get unpaid wages into the hands of workers faster, and without the necessity of a claim.
• The digital self-audit tool saves time and money for Ontario’s job creators.
• The shift to digital enforcement supports the government’s commitment to a modern, efficient government and allows the Ministry of Labour to focus enforcement on the real offenders.
• Nova Scotia has new safety kits for Safety and Health Week

Safety and Health Week (formerly NAOSH Week) is a great time to renew your commitment to promoting safety in your workplace year round. The tools in our new workplace safety kit can help you get started.

• US initiates anti-dumping investigation on Canadian sodium sulfate anhydrous

On March 28, 2019, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of sodium sulfate anhydrous (sodium sulfate) from Canada, filed in proper form, on behalf of Cooper Natural Resources, Inc.; Elementis Global LLC; and Searles Valley Minerals, Inc. (collectively, the petitioners).

• California provide Proposition 65 definition of Nickel (soluble compounds)

Effective October 26, 2018, the Office of Environmental Health Hazard Assessment (OEHHA) added Nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).  At a public meeting on October 11, 2018, the Developmental and Reproductive Toxicant Identification Committee (DARTIC), in its official capacity as the “state’s qualified experts,” provided the basis for the listing when it determined that soluble nickel compounds were clearly shown to cause reproductive toxicity based on the developmental and male reproductive endpoints.

• Europe Occupational exposure limits – Call for comments and evidence

Calls for evidence allow parties to signal their interest and express their views and concerns in the early phases of developing a scientific report on occupational exposure limits on a substance or chemical agent at the workplace.

A call for evidence is additional to and does not take the place of the public consultation on the OEL scientific report in support of occupational exposure limits at the workplace. The two substances are:

• Diisocyanates, and
• Lead and its compounds

Safety Share

• Safety and Health Week Draws Attention to Mental Health and Injury Prevention

The Canadian Centre for Occupational Health and Safety (CCOHS), along with organizations across the country and North America will be celebrating Safety and Health Week from May 5-11, with activities that raise awareness of creating safe workplaces and preventing physical and psychological injuries.