REGULATORY NEWS FOR WEEK OF JULY 15, 2019
Introducing a regulatory sandbox for dangerous goods electronic shipping documents
Transport Canada is proposing a regulatory sandbox in partnership with the Pipeline and Hazardous Materials Safety Administration (PHMSA), from the United States Department of Transportation, industry, other federal departments and agencies, and provincial and territorial jurisdictions. This proposed regulatory sandbox will evaluate the feasibility, effectiveness, costs, and benefits of using electronic shipping documents by allowing participants to use digital shipping documents in a controlled environment. Permission will be granted to participants for a specific period of time in the form of an equivalency certificate provided that they meet safety and information-sharing criteria.
RDC will submit comments and recommendations. Please send Jim Bird any comments or recommendation what you want included in RDC’s submission. email@example.com
Transport Canada (TC) has amended the safety standard TP 14850 (related to small containers that transport dangerous goods). Regulatory requirements have been added and revised under various sections of the standard.
To better assess the future impacts of new and revised requirements in the 3rd edition of the TP 14850-2018 Standard, and the resulting changes to the Transportation of Dangerous Goods (TDG) Regulations, we are asking stakeholders who are involved in any of the following activities to participate in this survey:
- operates a fleet of plastic jerricans or drums
- transports dangerous goods of Class 3, 5.1, 6.1, 8 or 9 of packing group II or III, in a non-standardized container integral to licensed mobile process units
- transports dangerous goods waste in small containers (“Waste” refers to dangerous goods transported for disposal, recycling or any other reclamation process)
Five areas of cooperation were identified in the context of the first RCF meeting in December 2018 with the ultimate goal of reducing regulatory duplication and misalignment in order to facilitate trade between Canada and the EU. Following the first meeting, Canadian and EU officials working on the identified cooperation areas have identified shared goals and established clear timelines and next steps, which are outlined in the RCF work plan.
The use of the substance 1-tetradecene homopolymer, hydrogenated, CAS RN 1857296-89-9, in a quantity greater than or equal to 100 kg in a calendar year in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 0.1% by weight: Consumer products/cosmetics. The substance can potentially cause toxicity problems if inhaled, potential human health concerns were identified if it is used in certain new activities involving consumer applications where vapour, mist or aerosol is released.
The use of the substance nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, in a quantity greater than or equal to 10 kg in a calendar year, in the manufacture of any of the following products such that the substance is present in a concentration that is greater than or equal to 0.1% by weight: Consumer products/cosmetics. The substance contains nickel, a known human carcinogen, potential human health concerns were identified if it is used in certain new activities involving consumer products intended for spray application.
Substances in the Phosphoric Acid Derivatives Group are associated with human health or ecological effects; however, the risk to Canadians and the environment is low at current levels of exposure. Therefore, it is proposed that these 3 substances are not harmful to human health or to the environment at current levels of exposure.
The intent of this consultation is to seek your views on how Health Canada can enhance the protection of Canadian workers from exposure to chemicals. Your input will help us as we explore ways to protect Canadians and improve integration and harmonization in future chemicals management efforts.
RDC will be submitting comments and recommendations. Please send Dave Saucier any comments or recommendations that you would like included with RDC’s submission. firstname.lastname@example.org
(Deborah Cushing, Lawson Lundell LLP) Summer is often a time for rest and relaxation but federally regulated employers will need to spend at least part of the summer months preparing for significant changes to the Canada Labour Code (the “Code”) which come into effect September 1, 2019. These changes are in addition to amendments that have already come into force and further changes that are pending, all in the federal government’s efforts to modernize the Code.
Beginning July 11, 2019, Canada and the U.S. will exchange basic biographic entry information (such as full names and date of birth) on all travellers at the land border, so that entry into one country serves as an exit record from the other. This initiative will help Canada make better, timely decisions on border management, law enforcement, national security, citizenship applications, immigration, and social services. This significant milestone is the result of the coming into force of Bill C-21, An Act to amend the Customs Act, and associated regulations, which provide authorities for the CBSA to collect exit information on all travellers departing Canada, including Canadians.
Health Canada’s Food Directorate completed a detailed safety assessment of a food additive submission seeking approval for the use of powdered cellulose as a bulking and texturizing agent in horseradish and mustard powder (wasabi-like powder). As no safety concerns were raised through Health Canada’s assessment, the Department has enabled the use of the food additive cellulose, powdered described in the information document by updating the List of Permitted Food Additives with Other Accepted Uses, effective July 5, 2019.
(McMillan LLP) Significant amendments to the BC Employment Standards Act (the “ESA”) are now in force as a result of the Employment Standards Amendment Act, 2019 receiving Royal Assent on May 30, 2019. The ESA has not been significantly updated for 15 years. The amendments to the ESA incorporate recommendations made by the Employment Standards Act Reform Project Committee.
Ontario’s Ministry of Labour has started a summer safety inspection blitz of workplaces with high numbers of new and young (summer student) workers. Inspectors will focus on workplaces newly registered with the Workplace Safety and Insurance Board and that haven’t had a proactive health and safety visit within the last five years. The blitz will run until August 30, 2019.
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list the following chemicals as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). This action is being proposed pursuant to the “Labor Code” listing mechanism. OEHHA has determined that 2-Amino-4-chlorophenol (CAS No. 95-85-2), 2-Chloronitrobenzene (CAS No. 88-73-3), 1,4-Dichloro-2-nitrobenzene (CAS No. 89-61-2), 2,4-Dichloro-1-nitrobenzene (CAS No. 611-06-3), N,N-Dimethylacetamide (CAS No. 127-19-5), and para-Nitroanisole (CAS No. 100-17-4) meet the criteria for listing as known to cause cancer by this mechanism.
The Department of Toxic Substances Control will hold a public workshop on August 7, 2019, to evaluate the current Administrative Penalties Regulations (22 CCR 66272.60-66272.69) for violations of California’s Hazardous Waste Control Law and discuss possible revisions to the regulations.
The National Fire Protection Association (NFPA) has developed a training bundle to help facility managers, building owners, engineers, designers, and code officials address essential safety and security features in the buildings that they are charged with keeping safe and functional.
The Balancing Safety and Security with Fire Doors, Dampers and Door Locking Online Training Series provides an introduction to NFPA 80, Standard for Fire Doors and Other Opening Protectives (2016), and delves into the inspection, testing and maintenance (ITM) for swinging fire doors, requirements for fire and smoke dampers, and permissible door locking arrangements during a 4-module, 4-hour self-paced training program.
ECHA has submitted a recommendation to the European Commission to amend Authorisation List (Annex XIV of REACH) entries by adding the endocrine disrupting properties of four phthalates. Once the Commission decides on the amendment, some previously exempted uses will require authorisation.
ECHA has published a Q&A document to support respondents to the public consultation on the proposal to restrict intentionally added microplastics.
OSHA cited Shawn D. Purvis, owner of Purvis Home Improvement Co., Inc., for egregious willful, repeat, and serious workplace safety violations following the fatal fall of a worker. Inspectors found that the owner knowingly failed to ensure that his workers used fall protection at two worksites. Purvis faces a total of $1,792,726 in penalties. On April 5, a grand jury indicted Purvis for manslaughter, charging that his repeated violations of OSHA’s fall protection standards caused his worker’s death.
Unpleasant encounters with ticks and mosquitos can lead to diseases such as Lyme disease and West Nile virus. This podcast episode provides helpful information outdoor workers can use to protect themselves from these pesky summer pests.