Regulatory
REGULATORY NEWS FOR WEEK OF SEPTEMBER 30, 2020
Canadian Federal News
Health Canada would like to kindly advise you of the publication of the Workplace Hazardous Products Program’s (WHPP) evaluation report by the Office of Audit and Evaluation (OAE) on Monday, September 21, 2020. While the evaluation highlights some successes and efficiencies in the program, it also highlights key areas where the program has challenges and provides recommendations on a path forward in improving the program in the future. The Management Response and Action Plan (MRAP) is also presented in the report. RDC will review the report and submit commentary and recommendations.
Transport Canada Office of Regulatory Innovation (the ORI) launched 2 surveys: a multisector one (all Canadian supply chains) and a survey focusing on Pulp & Paper supply chains in Ontario. Please note that the focus in on the regulations applicable to the transportation operations and their impacts on the supply chains competitiveness.
We invite you to read the spring/summer 2020 edition of the Transportation of Dangerous Goods (TDG) Newsletter. This issue includes articles on the initiatives and activities of the TDG Directorate mainly focused on Transformation.
Environment and Climate Change Canada (ECCC) is considering amending the PCB Regulations to address issues identified through their implementation and to address issues unforeseen at the time of their publication. ECCC has prepared a discussion document to seek comments and views on the issues mentioned above and on potential regulatory amendments that are being considered for the PCB Regulations.
The original publication included an error with the Chemical Abstract Service Registry Number, it should be 7424-14-1 S’.
The NDSL was amended to delete CASRN 35641-59-9.
The substances in Annex II were not identified by stakeholders in response to a survey conducted pursuant to section 71 of the Canadian Environmental Protection Act, 1999 as being imported or manufactured for use in products regulated under the Food and Drugs Act at annual volumes greater than the 100 kg/year trigger for reporting under the New Substances Notification Regulations (Chemicals and Polymers) of the Canadian Environmental Protection Act, 1999. The substances in Annex III were identified as active pharmaceutical substances that have been discontinued, never been marketed or approved for limited use in Canada based on Health Canada records. Substances removed from the R-ICL are subject to the New Substances Notification Regulations.
This update includes five results to FSDS targets and includes links to the latest Canadian Environmental Sustainability Indicator program for more detailed information. By clicking on a target’s title, you can see the latest progress towards the target along with graphs and data tables. The results we have published under this update are:
- Canada’s Greenhouse gas emissions
- Marine conservation
- Terrestrial ecosystem conservation
- Sustainable forests
- Air quality
Canadian Provincial News
In light of the provincial election, our upcoming virtual public hearing has been postponed.
These regulatory proposals have been posted to the Environmental Registry 019-2331 and 019-2332 for a 45-day comment period, from September 18, 2020 until November 2, 2020. We encourage you to read the proposals and submit your comments by the close date. If you have any questions regarding these proposals, please reply to this email or call the Program Management Branch at 647-282-3567.
The federal government has accepted our made-in-Ontario Emissions Performance Standards (EPS) program as an alternative to the federal output-based pricing system. The Ontario program regulates greenhouse gas emissions from large industrial facilities, setting the standards for lowering emissions that facilities are required to meet. If an industry does not meet the standard, it will have to pay.
For many young workers, part-time and summer jobs looked different this year. In addition to learning job responsibilities and how to work safely, they also had to learn how to prevent the spread of COVID-19 while on the job.
US News
The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to deny Pronto.ai, Inc.’s (“Pronto”) application for an exemption from the 11-hour driving limit and the prohibition against driving after the 14th hour after coming on duty. Under the exemption, drivers of commercial motor vehicles (CMVs) equipped with the Copilot by Pronto advanced driver assistance systems (ADAS), the SmartDrive[supreg] Video Safety Program, and operating under certain other safeguards, would be allowed to drive up to 13 hours during a work shift within 15 consecutive hours after coming on duty following 10 consecutive hours off duty. FMCSA has analyzed the exemption application and the public comments and determined that the applicant has not demonstrated that the requested exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemption.
The U.S. Department of Labor today announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. This Notice of Proposed Rulemaking (NPRM) is available for review and public comment for 30 days after it is published in the Federal Register. The Department encourages interested parties to submit comments on the proposed rule. Today’s web posting offers the public more time to review the NPRM before the comment period begins.
The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Cyclic Aliphatic Bromide Cluster (HBCD). The purpose of conducting risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation, without consideration of costs or other nonrisk factors. EPA has determined that specific conditions of use of HBCD present an unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found an unreasonable risk, EPA must take regulatory action to address that unreasonable risk through risk management measures enumerated in TSCA. EPA has also determined that specific conditions of use do not present unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found no unreasonable risk to health or the environment, the Agency’s determination is a final Agency action and is issued via order in the risk evaluation.
International News
A pilot project by ECHA’s Enforcement Forum examining imports of products into the EU has found that 23 % of inspected products were non-compliant with REACH and CLP. Some imports contained illegal amounts of hazardous substances that are restricted in the EU, while others had incorrect hazard labelling – which could compromise their safe use and put citizens’ health at risk if they enter the market.
The Committee for Socio-economic Analysis (SEAC) supports France and Sweden’s proposal to restrict the use of skin sensitizing substances in clothing, footwear and other articles with similar skin contact. If adopted, the restriction will prevent many people from developing new skin allergies while also relieving the symptoms of many of those who already have them. This is expected to result in health benefits equivalent to at least €708 million per year.
10 industrial chemicals have been added to the Australian Inventory of Industrial Chemicals in accordance with section 82 of the Industrial Chemicals Act 2019 because 5 years have passed since the assessment certificates for the industrial chemicals were issued.
Other Relevant Information
Safety Share
Shelby Brown – Gadgets can pile up over the years — new ones come out, old ones break. You probably have a drawer full of old batteries and cables, and some old phones, laptops and desktops lying around. Perhaps you keep them for nostalgic reasons (I admit I hung onto my first Nokia block phone to “show my kids one day”), or because you thought you might be able to use them again down the line. Be brave. Stay focused. Peek into your drawers, the garage or a dark corner of your closet, and you’re sure to find a pile of electronics you really don’t need.
WSPS.CA – Webcast September 30, 2020 10:00 am to 11:15 am EDT. This session will provide employers with insight and strategies to manage workplace violence and harassment during challenging times such as a pandemic.
The Commercial Vehicle Safety Alliance (CVSA) released a new stop-motion video envisioning the future of commercial motor vehicle safety technology, inspections and enforcement. This four-minute video takes the viewer to a future – near and far – that’s safer for all road users.
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