REGULATORY NEWS FOR WEEK OF MARCH 17, 2021

• Stakeholders asked to complete survey on use of hazardous consumer products in workplaces

To better understand the scope and scale of hazardous consumer product use in the workplace, their impact on workers’ health and safety, and to inform how best to protect workers who use, handle, and store hazardous consumer products in workplaces, Health Canada is looking to engage stakeholders and partners, through this survey, to:

• understand concerns, if any, that the consumer product exclusion may pose from a workers’ protection perspective;
• collect views on potential approaches to address consumer products; and,
• inform a thorough cost-benefit analysis on the potential impacts of any regulatory change.

This survey closes March 31, 2021 and is available on the WHMIS.ORG website.

• Transportation of dangerous goods newsletter published

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that DEE, DPE, DME and DPGME do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

• A risk management scope has been published for the Thiophosphate Alkyl Esters Group
  

This document outlines the risk management options under consideration for reaction products of 4-methyl-2-pentanol and diphosphorus pentasulfide, propoxylated, esterified with diphosphorus pentaoxide, and salted by amines, C12-14- tert—alkyl (CAS RN 91745-46-9, CAN 11145-3), hereinafter referred to as TPAE-1, which has been proposed to be harmful to the environment.

To inform risk management decision-making, information on the following topics should be provided (ideally on or before May 12, 2021), to the contact details identified in section 8 of this document:

• Existing best practices to prevent the release of metalworking fluids to wastewater;
• Potential non-toxic alternatives for TPAE-1 as an anti-wear and extreme pressure additive in metalworking fluids; and
• Analytical methods to measure the concentrations of the alkyl (di)thiophosphate components in surface water, or the aliphatic amine components in surface water or soil.
  

• The draft screening assessment for piperazine has been published

The draft screening assessment for piperazine has been published. It is proposed to conclude that the substance does not meet any of the criteria set out in section 64 of CEPA.

 Although a risk to human health or the environment has not been identified at current levels of exposure, there may be a concern if exposure to this substance were to increase. As a result, program officials may consider this substance in future initiatives to track its commercial status and/or any new uses.

• Modification to the List of Permitted Agents to Enable the Use of Hydrochloric Acid

Hydrochloric acid is already permitted for use as a pH adjusting agent in a number of unstandardized foods. The results of the Food Directorate’s previous premarket assessment supports the safety of hydrochloric acid for use in all unstandardized foods at a maximum level of Good Manufacturing Practice. Consequently, Health Canada has extended the use of hydrochloric acid as described in the information document below by modifying the List of Permitted pH Adjusting Agents, Acid-Reacting Materials and Water Correcting Agents, effective March 12, 2021.

• Canadian food export rules are changing

Effective June 30, 2021, Transport Canada will require that all food for export being transported on passenger or cargo flights go through an enhanced security check. This means products will need to be unloaded at the originating airport, x-rayed and reloaded for transport.

 Some importing countries require that each final transport container be sealed by the CFIA. Under the Safe Food for Canadian Regulations (SFCR), the official CFIA seal must be applied when the product leaves a federally licensed establishment.

The new protocol will also mean that the official CFIA seal applied when the product leaves its processing facility will have to be broken at the airport, and then resealed and the product reloaded for transport. Under the SFCR, the CFIA seal can only be applied by certified CFIA inspectors.

• Improving the Lobbying Act: preliminary recommendations

Eleven preliminary recommendations from the Commissioner of Lobbying aim to improve the Lobbying Act and the Lobbyists Registration Regulations. Further details on each recommendation is available in the submission provided to the House of Commons Standing Committee on Access to Information, Privacy and Ethics in February 2021.

• Senate recalled in anticipation of public business

Ottawa – Pursuant to Rule 3-6(1), the Speaker of the Senate has recalled the Senate to sit on Monday, March 15, at 4 p.m. The Senate will meet for the consideration of public business.

• Ministerial Condition No. 20537 published

The Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance 1,2-propanediol, 1,2-dibenzoate, Chemical Abstracts Service (CAS) Registry Number 19224-26-1 – the end-use applications are restricted to those appearing under Item 3(1) Restrictions. All other terms and conditions must be followed.

• Executive summary – Transportation of dangerous goods in the Lower Mainland, BC

The purpose of this study, Transportation of Dangerous Goods (TDG) in the Lower Mainland, BC is to develop a portrait of dangerous goods (DG) movements in, out and through the study area. The Lower Mainland of British Columbia (the “study area”) comprises the Greater Vancouver Regional District (Metro Vancouver, with 21 municipalities) and portions of the Fraser Valley Regional District in Southwestern British Columbia (BC). As a large metropolitan area with a diversified economy and major port facilities, there DG sites located throughout the study area, including a petroleum refinery and major petroleum terminals clustered around Burnaby. All DG classes are handled within the study area.

• British Columbia issues new high risk strategies and industry initiatives

Information on how we will apply our prevention efforts to help employers effectively manage their risks is now available in WorkSafeBC’s 2021–2023 High Risk Strategies and Industry Initiatives.

• British Columbia stepping up workplace presence ahead of spring break

WorkSafeBC will have an increased presence at workplaces across B.C. ahead of the upcoming spring break period and St. Patrick’s Day to remind businesses they must have measures and controls in place to prevent the transmission of COVID-19 in the workplace.

• Saskatchewan spring road bans begin today

As spring road bans are enacted on March 15, winter weights for the remainder of the province will also be removed.  All current weight restrictions are available at www.saskatchewan.ca/truckingweights or on the Highway Hotline.

• Manitoba Releases Report on Electronic Logging Devices for Commercial Vehicles

The Manitoba government has released a new What We Heard report that reflects the perspectives of Manitobans who participated in consultations on the use of electronic logging device’s (ELD) in commercial vehicles.

Commercial vehicles that operate within a single province are regulated provincially. Manitoba adopts the majority of the federal Hours of Service regulations as part of the provincial Drivers Hours of Service Regulation (M.R. 72/2007). A decision on how the changes to the federal regulations – specifically those related to ELD adoption – will apply to provincially regulated carriers, is required in order to update the Drivers Hours of Service Regulation prior to the changes to the federal regulations come into effect in 2021.

• Ontario Regulation 136/21: Hours of Service amended

O. Reg 136/21 was published to amend O. Reg 555/06 regarding hours of service for commercial drivers. The amendments are housekeeping in nature and include:

1. Subsection 21 (2) of Ontario Regulation 555/06 is amended by striking out “and” after “an understandable format” and substituting “or”.

2. (1) Subsection 23 (2) of the Regulation is amended by striking out “forthwith” and substituting “immediately”.

(2) Section 23 of the Regulation is amended by adding the following subsection:

(2.1) If a demand is made under subsection (2), the following rules apply with respect to a driver who uses a computer to make a daily log:

1.  If the demand requires the driver to surrender to the inspector a printed or handwritten daily log generated from the information stored in the computer for each of the days, the driver shall immediately do so.

2.  If the demand requires the driver to electronically transmit to the inspector the information stored in the computer for each of the days, the driver shall do so as soon as reasonably possible.

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• National Emphasis Program

The Occupational Safety and Health Administration (OSHA) launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes employers that retaliate against workers who complain about unsafe or unhealthful conditions.

• Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

This Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) provides new instructions and guidance to Area Offices and Compliance Safety and Health Officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports.  On the date this memorandum is issued, the previous memorandum on this topic[1] will be rescinded, and this new Updated Interim Enforcement Response Plan will go into and remain in effect until further notice.  This guidance is intended to be time-limited to the current COVID-19 public health crisis.  Please frequently check OSHA’s webpage at www.osha.gov/coronavirus for updates.

• California proposes plastic packaging legislation

(ACC and Waste Dive) California lawmakers have proposed a package of bills designed to reduce plastic waste, including a reintroduction of SB 54, which requires all disposable packaging to be recyclable or compostable by 2032. Other proposed legislation in the package would urge state agencies to buy recycled materials, ban plastic products that don’t meet certain criteria and phase out certain shipping plastics.

• EPA Seeks Public Comment on Protecting Human Health and the Environment from PBT Chemicals

WASHINGTON (March 8, 2021) — Today, in accordance with Biden-Harris Administration executive orders and directives, the U.S. Environmental Protection Agency (EPA) is asking for additional public input on five final rules for persistent, bioaccumulative and toxic (PBT) chemicals issued on January 6, 2021 under the Toxic Substances Control Act (TSCA). These rules, which went into effect last month, address exposure to toxic chemicals that remain in the environment for long periods of time and build up in the body.

• European biocide committee denies approval of four silver containing actives

Helsinki, 8 March 2021 – ECHA’s Biocidal Products Committee (BPC) concluded that the assessment of the following active substances does not support their approval for product-type 4 (food and feed area):

1. silver zinc zeolite;
2. silver zeolite;
3. silver copper zeolite; and
4. silver sodium hydrogen zirconium phosphate.

For these existing active substances, the committee concluded that the risks are unacceptable for human health when activated carbon water filters with silver-containing active substances are used. People may be exposed through drinking water or food which has been prepared in filtered water. The substances can also be used to treat polymers, such as kitchen utensils like cutting boards. The evaluating competent authority for the applications is Sweden.

The BPC also adopted a positive opinion on an application for Union authorisation of a biocidal product family based on peracetic acid in product-types 2 (disinfectants and algaecides not intended for direct application to humans or animals), 3 (veterinary hygiene) and 4 (food and feed area).

• Eight proposals to identify new substances of very high concern in Europe

Substances that may have serious and often irreversible effects on human health and the environment can be identified as substances of very high concern (SVHCs). If a substance is identified as an SVHC, it will be added to the Candidate List for eventual inclusion in the Authorisation List.

1. 1,4-dioxane
2. 2,2-bis(bromomethyl)propane1,3-diol (BMP) 2,2-dimethylpropan-1-ol, tribromo derivative/3-bromo-2,2-bis(bromomethyl)-1-propanol (TBNPA)
3.  2,3-dibromo-1-propanol (2,3-DBPA)
4. 2-(4-tert-butylbenzyl)propionaldehyde and its individual stereoisomers
5. 4,4′-(1-methylpropylidene)bisphenol; (bisphenol B)
6. Glutaral
7. Medium-chain chlorinated paraffins (MCCP)
8. Phenol, alkylation products (mainly in para position) with C12-rich branched or linear alkyl chains from oligomerisation, covering any individual isomers and/ or combinations thereof (PDDP)

Safety Share

• Driver fatigue is a top ranked risk in Ontario’s trucking industry

Driver fatigue is a top ranked risk in Ontario’s trucking industry.

Road safety authorities and trucking professionals agree that driver fatigue is a top risk in Ontario’s trucking industry.

• New Hazardous Materials Instructor Training offered by CVSA

The Commercial Vehicle Safety Alliance (CVSA) has developed a new Train the Trainer course for hazardous materials (hazmat) trainers responsible for training hazmat employees. This training will give hazmat instructors the tools they need to confidently train hazmat employees on the requirements in Title 49 Code of Federal Regulations Subpart H. Exclusively for motor carrier industry members, this webinar will introduce CVSA’s new Hazardous Materials Instructor Training and outline the plan for its launch.

• COVID-19 Inspections: 6 tips to promote compliance

Here is what the Ontario Workplace Safety & Prevention Services are suggesting:

1. Develop a COVID-19 safety plan. Follow a safety plan guide and template developed by the Ministry of Labour, Training and Skills Development. WSPS offers sample sector-specific safety plans to help you populate your plan.
2. Screen workers and visitors for illness. Implement a daily screening protocol for all incoming workers, contractors, suppliers, and other visitors. Encourage workers and visitors to self-screen before arriving at the workplace – COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).
3. Assign an employee to serve as a pandemic advisor responsible for determining what’s required now, facilitating implementation, and tracking progress.
4. Communicate changes in legal requirements and workplace controls to employees, and reinforce everyone’s responsibilities under the IRS.
5. Follow the enforcement activities of provincial and local police, by-law officers and provincial inspectors. Enforcement results may indicate opportunities for improvement in your workplace.
6. If you receive an order from an inspector, post a copy in the workplace, give a copy to the joint health and safety committee or health and safety representative, and get to work on fixing the problem