REGULATORY NEWS FOR WEEK OF MARCH 16, 2020

• Addressing data needs through read-across

Read-across is one approach frequently used in the risk assessment of substances that lack information on their physical-chemical or toxicological properties, or their environmental fate. For more information, refer to the Approaches for addressing data needs in risk assessment fact sheet.

• 4 substances deleted from the Non-Domestic Substances List

• Canada launches consultation on Export Control List (Schedule 3)

Environment and Climate Change Canada is holding consultations on proposed amendments to the Export Control List (Schedule 3 to the Canadian Environmental Protection Act, 1999). These proposed amendments would add to the Export Control List substances for which the use is being prohibited or restricted in Canada and amend the description of certain substances.

• The TSB of Canada released its preliminary transportation occurrence statistics for 2019

The Transportation Safety Board of Canada (TSB) today released its preliminary transportation occurrence statistics for 2019. An initial review of the preliminary occurrence information makes some noteworthy observations. The TSB will release its complete and final statistical reports for 2019 in the spring; these will include accident rates and a more thorough analysis of the updated data (which may vary slightly from this preliminary. Overall, 1243 railway accidents were reported to the TSB in 2019, which is an 18% increase from the 5-year average of 1050. Among all railway accidents reported to the TSB in 2019, 168 involved dangerous goods (DG). This number was up from 125 in 2018 and up as well from the 5-year average of 122. Nine accidents in 2019 resulted in a DG release.

• Canada amends Chemical Weapons Convention Implementation Act

Canada is tabling amendments to the CWC to add four new categories of controlled chemicals—including Novichoks—as agreed at the 24th Session of the Conference of the States Parties of the CWC, held in The Hague, Netherlands, in November 2019.

Canada is also introducing legislation to amend the CWCIA by clarifying the list of controlled chemicals for those who work in this field. This will ensure that Canada’s implementation of the CWC is constantly up to date.

• Publication after screening assessment of 15 substances of the Acyclic, Monocyclic, and Bicyclic Monoterpenes Group

5 substances to be added to Schedule 1 – the Toxic Substances List. The ministers have released a risk management scope document for rose oil, mandarin oil, tangerine oil, turpentine oil, and turpentine to initiate discussions with stakeholders on the development of risk management actions.

• Proposed Risk Management for certain substances in the Monoterpene Group

This document outlines the risk management options under consideration for certain substances within the Acyclic, Monocyclic and Bicyclic Monoterpenes Group which have been proposed to be harmful to human health, specifically:

• Measures to reduce exposures of infants and toddlers to rose oil from certain cosmetics by describing  rose oil as a prohibited or restricted ingredient on the Health Canada Cosmetic Ingredient Hotlist;
• Measures to reduce exposures to mandarin oil and tangerine oil from certain cosmetics by describing  mandarin oil and tangerine oil as prohibited or restricted ingredients on the Health Canada Cosmetic Ingredient Hotlist;
• Measures to reduce an increase in exposure to mandarin oil and tangerine oil in natural health products;
• Measures to reduce exposure to turpentine and turpentine oil in certain products available to consumers and natural health products; and to prevent an increase in exposure to these substances in cosmetics.

• Publication after screening assessment of five substances of the Salicylates Group

It is proposed to conclude that wintergreen oil, salicylic acid and homosalate meet one or more of the criteria set out in section 64 of the Act and will be proposed to be added to Schedule 1 – the Toxic Substances List.

• Proposed Risk Management for certain Salicylates Group

This document outlines the risk management options under consideration for the substances wintergreen oil, salicylic acid and homosalate. In particular, the Government of Canada is considering:

•  Communicating measures to reduce exposures to wintergreen oil and homosalate from certain cosmetics by describing wintergreen oil and homosalate as prohibited or restricted ingredients on the Health Canada Cosmetic Ingredient Hotlist;
• Communicating measures to reduce exposures to salicylic acid from certain cosmetics by modifying the current description for this substance on the Health Canada Cosmetic Ingredient Hotlist. It is currently described as having a restriction;
• Prohibiting or restricting wintergreen oil in certain natural health products, including changes to the recommended conditions of use;
• Prohibiting or restricting salicylic acid in certain natural health products and non-prescription drugs, including changes to the recommended conditions of use;
• Further risk mitigation for homosalate in certain non-prescription drugs under the Food and Drugs Act.
• The risk management options outlined in this Risk Management Scope document may evolve through consideration of assessments and risk management options published for other Chemicals Management Plan (CMP) substances as required to ensure effective, coordinated, and consistent risk management decision-making.

• Publication of results for seven substances of the Parabens Group

It is proposed to conclude that methylparaben, propylparaben, butylparaben and iso-butylparaben meet one or more of the criteria set out in section 64 of the Act and will be proposed to be added to Schedule 1 – the Toxic Substances List. Notice is furthermore given that the ministers have released a risk management scope document for methylparaben, propylparaben, butylparaben and iso-butylparaben to initiate discussions with stakeholders on the development of risk management actions.

• Proposed Risk Management for certain parabens

In particular, the Government of Canada is considering the actions below to address the health concerns:

• Cosmetics

o   Communicate measures to reduce exposures to butylparaben and iso-butylparaben from certain cosmetics by describing butylparaben and iso-butylparaben as prohibited or restricted ingredients on the Health Canada Cosmetic Ingredient Hotlist.

• Non-prescription drugs

o   Measures to reduce exposures (to levels that are protective of human health) of butylparaben and iso-butylparaben in non-prescription drugs by modification of applicable databases, in accordance with the Food and Drugs Act.

• Natural Health Products (NHPs)

o   Measures to reduce exposures (to levels that are protective of human health) of methylparaben, propylparaben, butylparaben and iso-butylparaben in NHPs by modification of applicable databases in accordance with the Food and Drugs Act.

• List of Permitted Colouring Agents to Enable the Use of Lycopene Extract from Tomato

Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking approval for the use of lycopene extract from tomato in certain non-carbonated sweetened flavoured water-based beverages to which vitamins and minerals nutrients have been added and in sports drinks. Lycopene extract from tomato is already permitted for use in Canada as a food colouring agent in a variety of foods, including certain beverages. As no safety concerns were identified through Health Canada’s assessment, the Department has enabled the use of lycopene extract from tomato as a food additive as described in the information document below by modifying the List of Permitted Colouring Agents, effective March 13, 2020.

• British Columbia revised Workers Compensation Act takes effect April 6

The provincial government’s revisions to the Workers Compensation Act will take effect in one month, on April 6, 2020. The changes are intended to make laws easier to find and modernize the language so it’s easier to read and understand.

• Ontario launches first review of the Consumer Protect Act since 2005

The review will consider opportunities to address changing technology, marketplace innovations, and streamlining requirements for businesses and consumers. As a first step, an online survey will gather information about consumers’ understanding of the act and their experiences when engaging in consumer transactions. Ontarians can fill out the survey at ontario.ca/ConsumerReview until May 11, 2020.

• Ontario’s Pre-start health and safety review consultation runs until March 27

Public consultation is underway on current pre-start health and safety review requirements in the Industrial Establishments Regulation, to ensure they reflect today’s workplaces while maintaining existing worker health and safety protections. The province requires that a pre-start health and safety review be carried out on certain machinery, structures and processes in factories before they are put into service for the first time or after modifications.

• Ontario assess $470K (+25% victim surcharges) in fines to 5 employers during the past month

Ontario has published the identities of corporations with infractions for worker injuries and fatalities. The lowest fine was for $65,000 and the highest $290,000. One other company was fined $175,000 and two others $125,000 each.

• Ontario seasonal load restrictions

Under the Highway Traffic Act, the province enforces reduced load restrictions on trucks to protect Ontario’s highways during spring thaw, when road damage is most likely to occur.

• US DOT declares national emergency for commercial vehicles delivery relief response

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide coronavirus (COVID-19) outbreak. FMCSA’s declaration provides for regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs for: 

• Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
• Supplies and equipment, including masks, gloves, hand sanitizer, soap and disinfectants, necessary for healthcare worker, patient and community safety, sanitation, and prevention of COVID-19 spread in communities.
• Food for emergency restocking of stores.
• Equipment, supplies and persons necessary for establishment and management of temporary housing and quarantine facilities related to COVID-19.
• Persons designated by Federal, State or local authorities for transport for medical, isolation or quarantine purposes.
• Personnel to provide medical or other emergency services.

To ensure continue safety on the nation’s roadways, the emergency declaration stipulates that once a driver has completed his or her delivery, the driver must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.

• EPA extends timeline for TSCA fee payers to self-identify

This document extends the public comment period established in the Federal Register document of January 27, 2020 (85 FR 4661) (FRL-10003-14) by an additional 60-days, from March 27, 2020 to May 27, 2020. EPA is extending the comment period in response to several requests for additional time.

• EPA Expands COVID-19 Disinfectant List

The U.S. Environmental Protection Agency (EPA) is releasing an expanded list of EPA-registered disinfectant products that have qualified for use against SARS-CoV-2, the novel coronavirus that causes COVID-19.

• Track legal obligations with the new EU Chemicals Legislation Finder

ECHA’s new online service, the EU Chemicals Legislation Finder (EUCLEF), gives companies access to a free-of-charge overview of 40 pieces of EU chemicals legislation they may need to comply with. 

Europe proposes authorization for 7 substances

Do you have further information on uses of seven substances proposed for authorization?

• ECHA invites comments on its proposal to include seven hazardous substances in the REACH Authorisation List

• The substances proposed to be recommended are:octamethylcyclotetrasiloxane (D4) (EC 209-136-7, CAS 556-67-2), decamethylcyclopentasiloxane (D5) (EC 208-764-9, CAS 541-02-6), dodecamethylcyclohexasiloxane (D6) (EC 208-762-8, CAS 540-97-6);

• terphenyl, hydrogenated (EC 262-967-7, CAS 61788-32-7);

• dicyclohexyl phthalate (DCHP) (EC 201-545-9, CAS 84-61-7);

• disodium octaborate (EC 234-541-0, CAS 12008-41-2); and

• benzene-1,2,4-tricarboxylic acid 1,2-anhydride (trimellitic anhydride; TMA) (EC 209-008-0, CAS 552-30-7).

The deadline for comments is 5 June 2020.

Safety Share

• Updated workplace violence risk assessment tools now available

The Occupational Health and Safety Act requires employers to assess the risks of workplace violence and implement policies and programs to prevent and manage workplace violence. Public Services Health & Safety Association’s (PSHSA) electronic violence assessment tools – General Physical Environment Assessment, Risk Factor Selection Tool and Specific Risk Assessments – have recently been updated to enhance the user experience.