REGULATORY NEWS FOR WEEK OF AUGUST 19, 2019

• Information Gathering Related to Certain Alkylbenzene Sulfonates and Derivatives

Health Canada (HC) is conducting information gathering on certain alkylbenzene sulfonates and their derivatives, alkylbenzenes, and sulfonate esters. You are being contacted as sector-based analyses of information submitted previously to the Government of Canada under the Chemicals Management Plan (CMP) have identified members of certain industrial associations that may be involved with these substances.

You are encouraged to complete the attached questionnaire if during the 2014 to 2018 calendar years your company:

• Manufactured alkylbenzene sulfonates or their derivatives, alkylbenzenes or sulfonate esters listed in the questionnaire.
• Imported or used alkylbenzene sulfonates and derivatives, alkylbenzenes, or sulfonate esters listed in the questionnaire, alone, or in a product, in a mixture, or in a manufactured item at a concentration greater than or equal to 0.1% by weight (w/w%).

Please complete the attached questionnaire and submit it by September 27, 2019, using Environment and Climate Change Canada’s Single Window Information Management System (SWIM) CMP Online Reporting Tool. Detailed instructions are found in the first tab (“Instructions”) of the questionnaire, including how to submit a confidentiality request.

• Small containers for the transport of dangerous goods consultation closes September 23rd

The Canadian General Standards Board (CGSB) has released the final draft of Safety Standard CAN/CGSB-43.150 for a 60-day consultation period. This standard will be in force once adopted within the Transportation of Dangerous Goods Regulations (TDG Regulations).

Safety standard CAN/CGSB-43.150 sets out the requirements for the design, manufacture and marking of UN Standardized small containers in Canada and the selection and use of small containers for the transport of dangerous goods in Class 3, 4, 5, 6.1, 8 and 9.

Jim Bird will provide commentary from RDC. Please send any comments you wish included in the RDC submission to Jim at [email protected]

• Chemicals Management Plan Stakeholder  
• Advisory Council Members list updated

The Chemicals Management Plan Stakeholder Advisory Council (SAC) is a multi-stakeholder group that contributes to the implementation of the Chemicals Management Plan (CMP). The purpose of the Council is to provide stakeholders the opportunity to offer advice and input to Government on the implementation of the CMP, and to foster dialogue on issues pertaining to the CMP between stakeholders and government, and among different stakeholder groups. The membership list was recently updated. RDC is a member of the SAC.

• Ministerial Condition 19916 issued for amines, C36-alkylenedi- CAS No. 68955-56-6

The notifier may manufacture or import the substance only to use it as a curing agent in an epoxy coating that is not a consumer product to which the Canada Consumer Product Safety Act applies.

• Modification to the List of Permitted Food Additives with to Enable the Use of Polysorbate 80

Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking approval for the use of polysorbate 80 in the manufacture of spray-dried bacterial culture preparations for use in infant formulas powder, dried infant cereal products and nutritional supplement powders. As no safety concerns were raised through Health Canada’s assessment, the Department has enabled the food additive use of polysorbate 80 described in the information document by updating the List of Permitted Food Additives with Other Accepted Uses, effective August 13, 2019.

• A leaner Alberta Workers Compensation Board means more money for services

The change will ensure that more employer dollars are spent on the WCB’s core business, maximizing investment in benefits and services for injured workers and their employers. The reduced numbers will help to streamline the work done by the WCB Board of Directors, providing opportunity for more effective and efficient decision-making.

• British Columbia launches consultation on amendments to occupational health and safety regulation

The Policy, Regulation and Research Division is requesting feedback on proposed amendments to Part 6, Substance Specific Requirements − Cytotoxic Drugs of the Occupational Health and Safety Regulation.

• Ontario releases new road safety resources to help prevent workplace motor-vehicle incidents

Motor-vehicle incidents (MVIs) are the leading cause of traumatic workplace fatalities in Ontario. If you have employees who drive for work, whether it is a commercial vehicle, company vehicle, or personal vehicle, you need to manage the risks associated with driving.

To help employers understand their obligations when it comes to road safety and how to implement effective and practical prevention strategies, the Infrastructure Health and Safety Association (IHSA) has created a dedicated web page that hosts a series of road safety resources.

• US proposing Significant New Use Rules on 17 substances

Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 17 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 17 chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA 5(a)(3), and has taken any risk management actions as are required as a result of that determination. Comments must be received on or before September 13, 2019.

• EPA Proposes Low-Priority Substances Under TSCA, Meets Another TSCA Milestone

The U.S. Environmental Protection Agency (EPA) is proposing to designate 20 chemical substances as Low-Priority Substances under the Toxic Substances Control Act (TSCA). This proposal marks EPA’s meeting another major milestone under the Frank R. Lautenberg Chemical Safety Act for the 21st Century amendments to TSCA – which require EPA through a variety of transparent processes to prioritize existing chemical substances for high- or low-priority designations. A final designation of “low-priority” means that the risks associated with the chemical substances are low, and risk evaluation for that chemical substance is not warranted at this time.

• Federal Motor Carrier Safety Administration Publishes Hours of Service Proposal

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today published a notice of proposed rulemaking (NPRM) on changes to hours of service (HOS) rules to increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.

• Europe consulting on application for authorization

The European Chemicals Agency (ECHA) is looking for comments on 27 application for authorizations covering 39 uses of the following substances:

• Chromium trioxide (EC 215-607-8, CAS 1333-82-0) used in the manufacture of electrolytic chromium/chromium oxide coated steel (ECCS);
• 4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated and 4-Nonylphenol, branched and linear, ethoxylated  (EC-, CAS-) used in the production of various medical devices (e.g. in vitro diagnostic kits) and medicinal products (e.g. active pharmaceutical ingredients); used in the production of chromatography resins for the biopharmaceutical industry, food and beverage sector, and academia;
• Pitch, coal tar, high-temp. (EC 266-028-2, CAS 65996-93-2) and Anthracene oil (EC 292-602-7, CAS 90640-80-5) used in the manufacture of formulations mixtures for various industrial uses; and
• Pitch, coal tar, high-temp. (EC 266-028-2, CAS 65996-93-2) used as a binder in the manufacture of clay targets.

Safety Share

• Occupational Exposure Banding Process for Chemical Risk Management

Occupational exposure limits (OELs) play a critical role in protecting workers and emergency response personnel from exposure to dangerous concentrations of hazardous materials [Cook 1987; Deveau et al. 2015; Paustenbach 1998; Nikfar and Malekirad 2014; Schulte et al. 2010; Skowroń and Czerczak 2015]. In the absence of an OEL, determining the appropriate controls needed to protect workers from chemical exposures can be challenging. According to the U.S. Environmental Protection Agency (US EPA), the Toxic Substances Control Act (TSCA) Chemical Substance Inventory currently contains over 85,000 chemicals that are commercially available [US EPA 2015], yet only about 1,000 of these have been assigned an authoritative (government, consensus, or peer reviewed) OEL. Furthermore, the rate at which new chemical substances are being introduced into commerce significantly outpaces OEL development, creating a need for guidance on thousands of chemical substances that lack reliable exposure limits [OSHA 2014].

• Sun Safety in Canada

People who work outdoors are vulnerable to the sun’s rays. Exposure to ultraviolet radiation (UV) can cause sunburn, premature skin aging, eye damage and skin cancer. Skin cancer is the most common cancer in Canada and the rate continues to rise, yet it is one of the most preventable.