Regulatory
REGULATORY NEWS FOR THE WEEK OF JANUARY 9, 2023
This is our second feature regarding areas where we see clients can find themselves in trouble. Including claims that products are “green”, “eco-friendly”, “organic”, “non-toxic”, “biodegradable”, “safe for the environment” are greenwashing terms and could be a contravention of Canada’s Competition Act. Environmental claims must be supported by testing conducted by a credible laboratory to a recognized test method. Biodegradable claims can be challenging as the packaging that is not recyclable renders annuls the claim. Biodegradability claims should only be made when you have credible proof that your product will degrade in a wastewater treatment system. Beware of claiming biodegradability if not all components of the packaging are biodegradable, example the spray mechanism if the product is applied by spraying. Even if the product tests for biodegradability be sure that it is entirely safe for the environment and does not include ingredients that may be toxic and harmful to the environment during the process of breaking down. The Competition Bureau of Canada has developed useful guidance that should be consulted before making environmental claims. Always have credible test data to support any environmental claim in the event that a competitor or consumer makes a formal complaint about your product. Identifying emerging food safety risks and having early warning signals have become vital as they allow for food safety managers to apply a proactive approach and avoid food safety incidents in the first place. Using real-time data and digital tools, such as AI, would take the approach a step further, workshop participants heard during two virtual sessions on December 16, 2022. The Canadian Food Inspection Agency (CFIA) has updated (4.0) Annex A: Food commodities identified in the licence application of the guidance document What to consider before applying for a Safe Food for Canadians licence. The Canadian Food Inspection Agency (CFIA) is publishing the revised directive D-98-08 Entry requirements for wood packaging material into Canada that includes the new shipborne dunnage program. The CFIA has published the results of the annual Plant Health Surveillance Program for 2021-2022. The report includes a provincial breakdown of the detections or spread of plant pests of concern and how the CFIA responds to these findings. The Regulations Amending the Hazardous Products Regulations (GHS, Seventh Revised Edition) and the Order Amending Schedule 2 to the Hazardous Products Act were published in the Canada Gazette, Part II, on January 4, 2023. The ministers identified potential human health or environmental concerns if the substance lithium cobalt manganese nickel oxide (Chemical Abstracts Service [CAS] Registry Number 182442-95-1) was to be used in certain new activities.
Changes include Part 11 – First Aid, ventilation and working from home. The Ministry of Labour, Immigration, Training and Skill Development began an inspection blitz on January 4, 2023 that includes focused inspections. The blitz will conclude on March 31, 2023. Employers must understand what respiratory hazards are present in their workplace so they can implement controls. The draft Regulation to amend the Regulation respecting occupational health and safety is a continuation of the Regulations published in the Gazette officielle du Québec on 11 March 2020 and 13 April 2022 to update the permissible exposure values and notations of certain contaminants in Schedule I to the Regulation respecting occupational health and safety (chapter S-2.1, r. 13). This update applies to 80 contaminants and is primarily based on the values proposed by the American Conference of Governmental Industrial Hygienists, which issues recommendations based on recent scientific data, as well as annual public consultations conducted by the CNESST from 2017 to 2019. The draft Regulation is also partially in furtherance to a consultation that took place in 2022. The New Brunswick Human Rights Commission has issued a new publication, Guideline on Age Discrimination, which outlines the protections provided in the Human Rights Act against age-based discrimination. The Federal Motor Carrier Safety Administration (FMCSA) proposes the implementation of certain requirements under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Previously, FMCSA implemented the MAP-21 requirement to increase the financial security amount for brokers from $25,000 to $75,000 for household brokers and from $10,000 to $75,000 for all other property brokers and, for the first time, established financial security requirements for freight forwarders. he Environmental Protection Agency (EPA) is announcing the availability of the final revision to the risk determination for the trichloroethylene (TCE) risk evaluation issued under the Toxic Substances Control Act (TSCA). The Labor Department enforces more than 180 laws – and they’re only as effective as our ability to enforce them. Our work in fiscal year 2022 focused on protecting the most vulnerable workers while leveling the playing field for the majority of employers who comply with the law. These kinds of strategic decisions are critical to protecting workers and promoting compliance with the law. Our 2022 Enforcement Report outlines our six main priority areas and some examples of what we’ve accomplished in the past year. The U.S. Environmental Protection Agency (EPA) announced the automatic addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list. The U.S. Environmental Protection Agency (EPA) issued the next Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under EPA’s the National PFAS Testing Strategy. The European Commission has revised some of the information requirements for registering chemicals under REACH (Action 1, Action 2). This webinar focuses on the new and amended completeness check rules brought by this revision to help you prepare a complete registration dossier. We will also give you an overview of the process in general. Safety Share Every worker has the right to be safe, protected, and respected at work. Yet, according to a national survey released last spring, 71% of respondents experienced at least one form of harassment or abuse at work. Workers who don’t take precautions before shovelling snow can experience cold exposure, fatigue, muscle strains, back injuries and heart attacks. One-third (33 percent) of U.S. home fires involving Christmas trees occur in January. With this post-holiday fire hazard in mind, the National Fire Protection Association® (NFPA®) strongly encourages everyone to keep the festive memories and remove the hazards by disposing of Christmas trees promptly after the holiday season Have an event you would like to share? Please send details to [email protected]. Are you prepared for emergencies? Join WSPS for a discussion about emergency preparedness and how you can ensure you are ready. The Guelph Organic Conference will be returning in 2023 for a hybrid in-person and online event, now hosted by the Organic Council of Ontario (OCO). Learn more about the RACE process of hazard recognition or identification, risk assessment methodologies, control options, and the importance of evaluating the effectiveness of controls, and learn the value of a coordinated hazard identification and risk assessment system. The European Commission has revised some of the information requirements for registering chemicals under REACH (Action 1, Action 2). This webinar focuses on the new and amended completeness check rules brought by this revision to help you prepare a complete registration dossier. We will also give you an overview of the process in general. Alberta Chemistry and Plastics Day is an annual event designed to build dialogue on common issues, better understand industry and government positions, and get to know new participants from both industry and government. The 2023 Consumer Food Safety Education Conference (CFSEC) will bring answers and clarity to questions like this and more. While the science behind safe food handling and hand hygiene guidance hasn’t changed, the way people are sourcing their food, experiencing their food and receiving information is changing. Take this opportunity to mark in your calendars next years Bakery Showcase, May 14, 15 2023 in Vancouver BC. There is no other health and safety event like this in Canada. Make a plan to join us for this two-day national event that will bring together leaders, change makers, and subject experts representing government, labour, and workplaces, to share their knowledge and experience around current and emerging health and safety issues.Advocacy
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