In this Division:

"bulk shipment" means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging in;

(a) a vessel with a water capacity of more than 454 litres (98.8 gallons); or
(b) a freight container, a portable tank, a road vehicle, a railway car , or other type of vessel; or
(c) a pipe line;

"commission" means the Hazardous Materials Information Review Commission established by the Hazardous Materials Information Review Act (Canada);

"container" includes a bag, barrel, bottle, box, cylinder, drum, storage tank or similar package or container;

"controlled product" means a product, material or substance specified by regulations made pursuant to section 15 (1) (a) of the Hazardous Products Act (Canada) as products, materials and substances included in any of the classes listed in Schedule 11 of that" Act ";

"hazard information" means information on the proper and safe use, storage and handling of a controlled product and includes information relating to its toxicological properties;

"hazard waste" means a controlled product that is intended for disposal;

"label" means and includes a mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper;

"manufactured article" means an article that is formed to a specific shape or design during manufacture, the intent which, when in that form, is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled products;

"material safety data sheet" means a document disclosing the information referred to in section 13 (a) (i) to (v) of the Hazardous Products Act and section 9 (2) of the Controlled Products Act Canada;

"place of employment" means a railway;

"product identifier" means, in respect of a controlled product, the brand name, code name or code number specified by a supplier or the chemical name, common name, generic name or trade name;

"readily available" means, when used in connection with a material safety data sheet, available in a place where a person can easily access and study the information it contains;

"risk phase" means, in respect of a controlled product or a class, division or subdivision of a controlled products, a statement identifying a hazard that may arise from the nature of the controlled product or the class of the controlled product or the class, division or subdivision of the controlled products;

"employee" includes a person who works for a railway; and

"workplace label" means a label that discloses a product identifier and information for the safe handling of a controlled product, and that indicates that a material safety data sheet, if supplied or produced, is available.

Application
14.14.1.1

(1) This Division applies to railways and employees in respect of controlled products used, stored or handled at a place of employment.

(2) Notwithstanding subsection (1), the provisions of this Division in respect of a supplier label and a material safety data sheet do not apply where the controlled product is an:

(a) explosive within the meaning of the Explosives Act (Canada);

(b) cosmetic, device, drug or food wit,hin the meaning of the Food and Drug Act (Canada);

(c) control product within the meaning of Pests Control Products Act (Canada);

(d) prescribed substance within the meaning of the Atomic Energy Control Act (Canada); or

(e) product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

(3) Notwithstanding subsection (1), this Division does not apply where the controlled product is:

(a) wood or a product made of wood;

(b) tobacco or a product made of tobacco; ,

(c) a manufactured article; or

(d) being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act (Canada) or the Transport of Dangerous Goods Act.

(4) Notwithstanding subsection (1), the Division does not apply to a hazardous waste except that the railway must ensure the safe storage and handling of hazardous waste generated at that place of employment through combination of any mode of identification and employee education.

Prohibition
14.14.1.2

(1) A railway must ensure that a controlled product is not used, stored or handled in a place of employment unless all the applicable requirements of this Division in respect of labels, identifiers, material safety data sheets and employee education are complied with.

(2) Notwithstanding subsection (1), a railway may store a controlled product in a place of employment while actively seeking information required by this Division.

WHMIS Program
14.14.1.3 If controlled products are used in the workplace the railway, in consultation with the occupational safety and health committee, if any, or the safety and health representative, if any, must establish and maintain an effective WHMIS program, as part of the overall workplace safety and health program which:

(a) address applicable WHMIS requirements including education and training; and

(b) is reviewed at least annually, or more frequently if required by a change in work conditions or available hazard information.

Employee Education
14.14.1.4

(1) The railway must ensure that an employee who works with a controlled product or in proximity to a controlled product is informed about a11 hazard information received from a supplier

(2) Where a controlled product is produced in a place of employment, the railway must ensure that an employee who works with that controlled product, or in proximity to that controlled product is informed about all hazard information of which the railway is or ought to be aware concerning that controlled product and its use, storage and handling.

Employee Training
14.14.1.5

(1) The railway must ensure that an employee who works with a controlled product or in proximity to a controlled product is instructed in:

(a) the content of the applicable supplier label and workplace label, and the purpose of and significance of the information contained on the label;

(b ) the content required on a material safety data sheet and the purpose and significance of the information contained on the material safety data sheet;

(c) procedures for the safe use, storage, handling and disposal of a controlled product;

(d) the safe use, storage, handling and disposal of a controlled product contained or transferred in:

(i) a pipe;

(ii) a piping system including valves;

(iii) a process vessel;

(iv) a reaction vessel; or

(v) a tank car, tank truck, ore car, conveyer belt or similar conveyance;

(e) procedures to be followed where the controlled product escapes from equipment, or from another product; and

(f) procedures to be followed in the case of an emergency involving a controlled product.

(2) " A railway must ensure that the program of employee education required by subsection (1} is developed and implemented:

(a) for that employer's place of employment and related to the railway's program for the prevention of injuries and occupational disease; and

(b) in consultation with the joint committee, if any, or the safety and health representative, if any.

(3) A railway must ensure, so far as reasonably practicable, that the program of employee instruction required by subsection (1) results in an employee being able to apply the information as needed to protect the employee's safety and health.

(4) The railway must review at least annually, or more frequently if required by a change in working conditions or available hazard information, and in consultation with the committee, if any, or safety and health representative, if any, the instruction and training provided to employees concerning controlled products.

14.14.2 LABELS, IDENTIFIERS AND SHEETS

Supplier Label 14.14.2.1

(1) A railway must ensure that the container of a controlled product or a controlled product received at a place of employment is labelled with a supplier label

(2) Subject to subsection (3) and to section 14.14.3.2, as long as any amount of a controlled product remains in a place of employment in a container in which it was received from the supplier, a railway must not remove, deface, modify or alter the supplier label.

(3) Where a label applied to controlled product or a container of a controlled product becomes illegible or is accidentally removed from the controlled product or the container, the railway must replace the label with either a supplier label or a workplace label.

(4)A railway who has received a controlled product in a multi-container shipment where the individual containers have not been labelled by the supplier must apply to each container a label that meets the requirements of the Controlled Products Regulations (Canada)

(5) Where the controlled product imported under section 23 of the Controlled Products Regulations (Canada) is received at a place of employment without a supplier label, the railway must apply a label that meets the requirements of that regulation.

(6) A railway who has received a controlled product transported as a bulk shipment must:

(a) apply a supplier label to the container of the controlled product or to the controlled product at his place of employment; or

(b) where, pursuant to section 15 of the Controlled Products Regulations (Canada) the supplier is not required to label a controlled product transported as a bulk shipment, a railway must apply a workplace label to the container of a controlled product or to the controlled product at his place of employment.

Workplace Label for Railway-Produced Products
14.14.2.2

(1) Where a railway produces a controlled product at a place of employment, the railway must ensure that the controlled product or the container of the controlled product has applied to it a workplace label.

(2) For the purposes of subsection (1), "produces" does not include the production of a controlled product that escapes from equipment or from another product.

(3) Subsection does not apply when the controlled product is in a container that is intended to contain the controlled product for sale or distribution and the container is or is about to be appropriately labelled.

Workplace Label for Decanted Products
14.14.2.3

(1) Where a controlled product in a place of employment is in a container other than the container in which it was received from a supplier, the railway must ensure that the container has a workplace label applied to it.

(2) Subsection (1) does not apply to a portable container that is tilled directly from a container that has applied toita supplier label-or a workplace label :

(a) if the controlled product:

(i) is under the control of and is used exclusively by the employee who filled the portable container;

(ii) is used only during the shift in which the portable container was filled; and

(iii) the content of the container is clearly identified; or

(b) if all the controlled product is required for immediate use.

Identification or a Controlled Product in Piping Systems and Vessels
14.14.2.4

Where a controlled product in a place of employment is contained or transferred in:

(a) a pipe;

(b) a piping system;

(c) a process vessel;

(d) a reaction vessel; or

(e) a tank car, tank truck, ore car, conveyor belt or similar conveyance, the railway must ensure the safe use, storage and handling of the controlled product through employee education and the use of colour coding, labels, placard or any other mode of identification.

Placard Identifiers
14.14.2.5

If a controlled product is not in a container or is in a container in a form intended for export, the railway may fulfill the labelling requirements under sections 14.14.2.1 to 14.14.2.3 by posting a placard which:

(a) discloses the information required the information required for a workplace label; and

(b) is of a size and in locations so that the information is conspicuous and clearly legible to the employees.

Laboratory Label
14.14.2.6

(1) A label or a container for a controlled product that originates from a laboratory supply house and is packaged in quantities of less than 10 kilograms (22.4 lbs) for each container that is intended for use in a laboratory must disclose:

(a) a product identifier;

(b) where a material safety data sheet is available, a statement indicating that fact; and

(i) risk phrases;

(ii) precautionary measures; and

(iii) first aid measures.

(2) The railway must ensure that the contents of a container or a controlled product are clearly identified on the container where;

(a) the container is not the container in which the controlled product was received from the supplier; and

(b) the railway intends to use the controlled product, or it is, in the normal course of his business, used exclusively in a laboratory .

(3) The railway must ensure that a controlled product undergoing analysis, tests or evaluation is clearly identified.

Supplier Material Safety Data Sheets
14.14.2.7

(1) A railway who acquires a controlled product for use at a pla,ce of employment must obtain a supplier material safety dara sheet in respect of that controlled product.

(2) Where a supplier material safety data sheet obtained under subsection (1) in respect of a controlled product is 3 years old, the railway must, if possible, obtain from the supplier an up-to- date material safety data sheet in respect of any of the controlled product that remains in the place of employment.

(3) Where the railway is unable to obtain a material safety data sheet as required by sub-section (2), the railway must add any new hazard information applicable to that controlled product to the existing supplier material safety data sheet on the basjs of the ingredients disclosed in that document.

(4) The railway may provide at a place of employment a material safety data sheet in a format different from the format provided by the supplier or containing additional hazard information if the material safety data sheet provided by the employer:

(a) subject to sectionA4.14.3.1, contains at least the content of the supplier material safety data sheet; and

(b) the supplier material safety data sheet is available at the place of employment and the material safety data sheet provided by the railway indicates that fact.

(5) Where a supplier is exempted under sections 9 or 10 of the Controlled Products Regulation (Canada) from the requirement to provide a material safety data sheet for a controlled product, the railway is exempted from the requirement to obtain and provide a material safety data sheet for that controlled product.

(6) Where a controlled product is received at a laboratory and the supplier has provided a material safety data sheet, the railway must ensure that a copy of the material safety data sheet is readily available to the employees in the laboratory .

(7) Where a controlled product is received or produced at a laboratory and the railway has produced a material safety data sheet, the railway must ensure that the material safety data sheet is readily available to employees in the laboratory .

Railway Material Safety Data Sheet
14.14.2.8

(1) Where the railway produces a controlled product in the place of employment, the railway must prepare a material safety data sheet in respect of the product which discloses, subject to section 14.14.3.1, the information required under the Controlled Products Regulations (Canada).

(2) For the purpose of subsection (1), "produces" does not include the production of a controlled product that escapes from equipment or from another product nor does it include intermediate

Availability or a Material Safety Data Sheet
14.14.2.9

(1) An employer must ensure that a copy of a material safety data sheet required by section 14.14.2.7 or 14.14.2.8 is:

(a) made readily available at the employee's place of employment to employees who may be exposed to the controlled product; and

(b) made readily available to the occupational safety and health committee, if any, or to a safety and health representative; if any.

(2) Not withstanding subsection (1), when a railway is required by subsection (1) to make a material safety data sheet readily available, the material safety data sheet may be made available on a computer terminal if the railway:

(a) takes all reasonable steps to keep the terminal in active working order;

(b) makes the material safety data readily available on the request of an employee; and

(c) provides training in accessing computer-stored material safety data sheets to:

(i) one or more employees working at a place of employment where the material safety data sheet is available on a computer; and

(ii) members of the occupational safety and health committee if any, or health and safety representative if any.

Deletions from a Material Safety Data Sheet
14.14.2.10

Where a railway claims an exemption under subdivision 14.8.3, the railway may delete the information that is the subject of the claim from the material safety data sheet provided under section 14.14.2.7 and 14.14.2.8 for the time period in subsection 14.14.3.1(4), but may not delete hazard information.

Business Information
14.14.3.1

1. A railway who is requested by this Division to disclose on a label or a material safety data sheet:
2. (a) the chemical identity or concentration of an ingredient of a controlled product;

(b) the name of any toxicological study that identifies an ingredient of a controlled product;

(c) the chemical name, common name, generic name, trade name or brand name of a controlled product; or

(d) information that could be used to identify a supplier of a controlled product,

may, if the railway considers such information to be confidential business information, claim an exemption from the requirement to disclose that information.

(2) The claim under subsection (1) must be made to the commission established under the Hazardous Materials Information Review Act (Canada) and must be filed in accordance with the procedure established under that ACE and the regulations made under it.

(3) Under section 32 of the Hazardous Materials Information Review Act (Canada), the commission must exercise the powers and perform the functions specified in that Act and the procedures prescribed by regulations under that Act in respect of a claim made under subsection (1).

(4) Information that a railway considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (1) until the claim is finally determined by the commission and for a period of 3 years after that if the claim is found to be valid.

(5) A railway who makes a claim under subsection (1) must abide by decisions of the commission and orders of the commission.

(6) Appeals from decisions made by the commission under this section may be made under and in accordance with the provisions of the Hazardous Materials Information Review Act (Canada) and any regulations made under the Act.

Confidentiality of Information
14.14.3.2

(1) Where a person enforcing this obtains information from the commission under section 46 (2) (e) of the Hazardous Materials Information Review Act (Canada), the person to whom the information is communicated must keep it confidential and must not disclose such information to any person except for the purposes of the administration of the enforcement of this Division.

(2)A person to whom information is disclosed pursuant to subsection (1) must keep the information confidential.

Disclosure in Medical Emergencies
14.14.3.3

(1) A railway must, in respect of a controlled product that is or was present in the place of employment, provide information respecting the controlled product, including confidential business information in the possession of the employer, to:

(a) a member, in good standing, of the College of Physicians and Surgeons of British Columbia; or

(b ) a person registered or licensed under the Nurses (Registered) Act, the Nurses (Registered Psychiatric) Act or the Nurses (Licensed Practical) Act and authorized to practice in British Columbia, who requests information on the controlled product for the purposes of making a medical diagnosis of, or rendering medical treatment to, a person who used, handled or was exposed to the controlled product at his place of employment.

(2) No person to whom information is provided by a railway pursuant to subsection (1) shall communicate or disclose the information to any other person except as may be necessary for the

purposes mentioned in that subsection.

(3) A person to whom information is disclosed under subsection (2) must keep the information confidential