Regulatory
REGULATORY NEWS FOR WEEK OF MAY 6, 2020
In light of the potential increase in demand for certain cleaning products regulated under the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR) during the unprecedented COVID-19 pandemic, and the concerns that we have heard from our stakeholders, Health Canada has put in place an interim policy to address potential shortages of cleaning products intended for use, handling or storage in a workplace in Canada.
This interim policy intends to facilitate, on an interim basis, access to certain cleaning products that are intended to clean surfaces, dishes and laundry in the workplace, are or may be in shortage, and that are not fully compliant with the Safety Data Sheet (SDS) and labelling requirements set out in the HPA, the HPR, and the Hazardous Materials Information Review Act (HMIRA). These products coming from the U.S. into Canada may not fully meet the following HPA/HPR requirements:
- the label and/or the SDS may only be in one official language,
- the necessary pictograms are on the label, but are not exactly presented as outlined in the regulations,
- hazard and precautionary information is on the SDS and label, but does not exactly match the wording outlined in the regulations,
- information concerning confidential business information (CBI) is not disclosed on the label and/or SDS.
This policy also ensures certain conditions are met to protect the health and safety of workers. In order to benefit from the interim policy, importers of these cleaning products must:
- submit the required complete form to Health Canada,
- make available on their website and upon request an SDS or SDS text and label text with the safety information required under the HPA/HPR, in both official languages,
- if possible, distribute any products that already have bilingual or French-only labels to regions of Canada where the population mainly speaks and understands French
- provide Health Canada with a bilingual SDS or SDS text and label text, including pictograms as appropriate, containing all of the safety information required under the HPA/HPR, and provide Health Canada with the CBI information if this information is not disclosed on the label and/or SDS due to trade secrets.
Please see the full policy for additional details regarding covered cleaning products, secondary sellers, policy validity, record keeping and the required form.
As part of the Canadian Food Inspection Agency’s ongoing efforts to improve client service, please be advised that we have posted a new Food import notice on our website to provide information on how to properly declare a Safe Food for Canadians licence number on food import declarations.
If you are a customs broker who submits import declarations on behalf of your clients, you should share this information with your clients so they can provide you with the correct licence information.
For questions or issues regarding your SFC licence, please refer to our Food licenses page or contact the Centre of Administration at 1-800-442-2342.
This issue includes a look back at some of the most important topics from the past year.
Chemistry Industry Association of Canada (CIAC) is proud to support a digital Rapid Response Platform (RPP) initiated by BASF. The platform is aimed at closing the gap on shortages for critical products and materials and will match COVID-19 suppliers and requestors.
To address COVID-19 related challenges that exporters may face when sending paper export certificates, the Canadian Food Inspection Agency (CFIA) has published interim guidance related to sending scanned food export certificates to foreign competent authorities. Please refer to Sending food export certificates to foreign countries during COVID-19 on the COVID-19: CFIA information for industry page.
Country-specific requirements for sending scanned export certificates may change due to the evolving nature of the COVID-19 pandemic. Please check this web page regularly for updates. CFIA encourages you to contact your local CFIA office if you have any questions or concerns.
Both reporting regimes have been extended to July 31, 2020 as published in the Canada Gazette I on May 2, 2020.
Commercial Vehicle Safety Alliance (CVSA) – In response to the COVID-19 pandemic, some commercial motor vehicle regulations in Canada, Mexico and the U.S. were temporarily relaxed to reduce restrictions that may limit motor carriers from promptly providing much-needed products and services to assist with emergency relief efforts. Subsequently, many states, provinces and territories issued a variety of emergency measures specific to their jurisdictions. With numerous temporary actions in place, there was a need for a central repository containing active emergency declaration information.
Temporary workplace rules are in effect as of March 17, 2020, to help employers and employees manage rapidly changing conditions. These changes will be in place as long as government determines they are needed and the public health emergency order remains due to COVID-19.
WorkSafeBC’s Board of Directors has directed the Policy, Regulation and Research Division (PRRD) to add COVID-19 (or potentially more broadly, coronaviruses or respiratory communicable diseases) to the list of diseases in Schedule 1 of the Workers Compensation Act on an expedited process.
The Ontario government is offering a new free 511 app which will provide truck drivers immediate access to the information they need to stay safe, fed and rested while delivering essential goods across the province during the COVID-19 outbreak.
The Ontario government is allowing certain businesses and workplaces to reopen as long as they comply with strict public health measures and operate safely during the COVID-19 outbreak. Those permitted to start up include seasonal businesses and some essential construction projects.
The Ontario government is ensuring employers have the safety guidelines they need to protect workers, customers, and the general public from COVID-19 as it prepares for a gradual reopening of the provincial economy.
SafeWork Ontario has announced industrial initiatives focused on Temporary Help Agencies and Workplace Violence in Education. Both are entering the Inspection Blitz – Phase 2
This year, our focus for Safety and Health Week is on helping workplaces navigate working safely during COVID-19.
The Federal Motor Carrier Safety Administration (FMCSA) is assisting in the distribution of one million protective masks to the nation’s commercial truck drivers.
FMCSA has been working with states, industry stakeholders, and motor carriers to distribute one million protective face masks for truckers which were provided by the Federal Emergency Management Agency (FEMA).
Environmental Protection Agency (EPA) s proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and are subject to Orders issued by EPA pursuant TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination. DATES: Comments must be received on or before June 3, 2020.
The Occupational Health and Safety Administration (OSHA) has published an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) provides instructions and guidance to Area Offices and compliance safety and health officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports. The scope of this guidance covers all investigations and inspections specifically related to the workplace hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), which is the virus causing the current COVID-19 pandemic.
The European Commission is looking for comments on the update of the list of restricted substances under REACH. The initiative aims to protect consumers by:
- adding substances recently classified as carcinogenic, mutagenic or toxic to reproduction (CMRs) to the list of restricted substances;
- making it easier to implement the current restriction on azo-colourants by referencing new test methods; and
- removing several obsolete provisions and references.
The deadline for comments is 25 May 2020.
The European Commission has granted authorisations for three uses (review period expiry dates in brackets) for:
- two uses of potassium dichromate (EC 231-906-6, CAS 7778-50-9) by Brenntag UK Ltd. (21 September 2024); and
- one use of dichromium tris(chromate) (EC 246-356-2, CAS 24613-89-6) by Wesco Aircraft EMEA Limited (22 January 2026).
Safety Share
COVID-19 has placed a significant amount of pressure on employees, employers and families. Isolation, fear for the well-being of loved ones and financial strain are creating disruptions in all our lives. During these difficult times, it is important to know the resources that are available to help you stay mentally healthy. We encourage you to check out our mental health resources on the Canadian Business Resilience Network website, especially now with the upcoming Mental Health Week. Please share them with your friends, family and colleagues.
A series of brief videos provides quick tips on subjects such as hand washing, disinfecting workplaces, social distancing, and industry risk factors.
Reducing the risk of exposure to COVID-19 by cleaning and disinfection is an important part of reopening public spaces that will require careful planning.
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