Document Sample
					       What’s NEW?
                                          PRODUCT-SAFETY AND HAZARD-COMMUNICATION UPDATE
                                                           - SUMMER 2003 -
                                                                                                     Some important aspects of the GHS are found below:
                       Globally Harmonized System of Classification                                  !    Articles are exempt from the requirement to classify and provide MSDS and/or labels as
                             and Labelling of Chemicals (GHS)                                             with most current systems. The GHS refers directly to the OSHA Hazard Communication
                                                                                                          Standard (HCS) definition of an Article.
For over ten years the Interorganization Programme for the Sound Management of Chemicals             !    Physical-Chemical test methods have been specified in the GHS; however, health and
Coordinating Group for the Harmonization of Chemical Classification Systems; the                          environmental hazard test methods have not. Scientifically sound and validated test
International Labour Organization (ILO); the Organization for Economic Cooperation and                    methods for health and environmental hazards are acceptable since this allows greater
Development (OECD); and the United Nations Economic and Social Council's Sub-Committee                    amounts of “old” data to be used under this new system, thus, new testing will not be
of Experts on the Transport of Dangerous Goods (UNSCETDG) have been working with indi-                    required.
viduals from various stakeholder organizations towards a Globally Harmonized System of               !    If it can be shown that a mixture is not biologically available, then it need not be classified.
Classification and Labelling of Chemicals (GHS). The results of their hard work were published       !    Specifically indicates that mechanism and mode of action, as well as route of exposure
earlier this year by the United Nations Economic Commission for Europe and can be accessed                should be taken into consideration when determining classification.
at                                    !    Defines Substances, Mixtures, and Alloys. It is important to note that Substances
                                                                                                          include any additive necessary to preserve the stability of the product and any impuri-
The GHS, when implemented, will:                                                                          ties occurring as a result of the process employed to manufacture the Substance.
                                                                                                     !    Metal alloys are considered to be mixtures for the purposes of the GHS.
!     promote the protection of human health and the environment since it is expected to be                                                   (cont’ 2)
      an internationally understandable and recognizable hazard communication system;
!     assist countries that currently have no formal system by providing a "ready-made" option;
!     reduce testing costs and laboratory animal use by offering one cohesive system world-                          CANTOX’s Past and Present Activities
      wide, thus different tests will not be required for different jurisdictions; and
!     assist cross-border trade of chemical products by reducing duplication of efforts to meet       For the Product Safety Team
      requirements of hazard-communication systems across jurisdictions and for different             ...Tracy Rowland-McGinnis attended the Society for Chemical Hazard Communication's
      use patterns.                                                                                   Spring Meeting on April 29 and 30th in Fort Lauderdale, FL. If you are interested in learning
                                                                                                      more about product-safety and hazard-communication services offered by our Chemicals Group
In their efforts to globalize documents, many companies create a world-wide Material Safety           contact Tracy at
Data Sheet (MSDS) or Safety Data Sheet (SDS) often resulting in apparently contradictory
information being provided in the same document, which can be confusing for workers. For              For the New Chemicals Team
example; a product that is classified and labelled as a skin irritant in Canada might not be clas-    ...Karen Levins’ Practical Workshop for Understanding and Complying with the New
sified and labelled as the same according to the EU Dangerous Substances and Dangerous                Substance Notification Regulations is back by popular demand. Workshops for NSNR
Preparations Directives (DSD/DPD). Many companies also need to create various product                 and CSDSL training will be held in Atlanta GA on November 17, 2003; and Montréal, QC on
labels depending upon the country of destination for the product, or the intended use (i.e., as       November 21, 2003. As a special feature Robert Fishlock, an environmental lawyer and
a consumer product vs. use as a workplace product). For instance, many companies have                 partner with Blake Cassels & Graydon LLP, will be providing valuable information on
one product label for European shipments, one for U.S. shipments, another for Canadian                CEPA’s enforcement provisions. For more details and to register for this important event,
shipments and perhaps one more for consumer package sizes of the same product, since the              contact CANTOX’s Workshop Coordinator, Tracy Veale at
size and symbol requirements for each jurisdiction make it nearly impossible to include all of
the information on one product label. Obviously this can be costly and logistically difficult.        ...Karen Levins has been asked to give a presentation at the symposium for regulatory and
                                                                                                      environmental affairs held by the Toronto Society for Coatings Technology (TOSCOT) on
                                                                                                      September 15, 2003. For more information on how the Chemicals Group can assist the coat-
A system that employs the same symbols, warnings, and hazard statements for consumer,
                                                                                                      ings or other related industries contact Karen at
workplace, and transportation applications, would likely also result in better informed workers.
Instead of having to learn the symbols used on consumer products that they see at home,
                                                                                                      ...Karen Levins was invited to give a presentation on CEPA reporting requirements, as part
workplace symbols at work [e.g., National Fire Protection Association (NFPA) and National             of the "Environmental Regulation and Compliance" course that was hosted on May 14,
Paint & Coatings Association's Hazardous Materials Identification System (HMIS) symbols               2003 by the Environment, Health and Safety Law Group of Torys LLP. This Conference was
used in the U.S. and the Workplace Hazardous Materials Information System (WHMIS) sym-                held in conjunction with The 5th Annual Ontario Environmental Tradeshow, which took place
bols used in Canada] and different symbols again, if they are working in a transport-related job,     on May 14 & 15, 2003 at the Toronto Congress Centre in Toronto, ON
the GHS’s set of standard symbols would be universal.
                                                                                                      ...Karen Levins and Jason Nugent attended the Global Chemical Regulations
One of the goals of the GHS is to standardize translations for warnings and hazard statements.        Conference (GCRC) on April 1st and 2nd in Baltimore, MD. If you are interested in learn-
Consistent translation of important hazard-specific phrases may help to prevent illness, other        ing more about new substance notification services offered by our Chemicals Group, please
adverse effects, and accidents resulting from improperly communicated hazards due to incor-           contact Karen at
rect translations.

                                                              A periodic newsletter published by the Chemicals Group of CANTOX for the purpose of keeping our clients and other interested
                                                              parties informed of scientific and regulatory items of interest affecting the chemical industry.
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!       The symbols are similar to those used for UN transport of dangerous goods, with the                                                                                                    -Page 2-
        exception of three new symbols. The Exclamation mark, the Environmental Hazard
        mark (Dead Fish/Dead Tree), and the brand new Health Hazard indicator.
!       Safety Data Sheet information should be provided in the 16-Section format, with head-
        ings that are very similar to those of the ISO standard; however, the information in
        Sections 2 and 3 have been switched, thus placing the hazard(s) identification before
        the compositional information.
!       Classification is determined using a summation approach much like the current EU and
        Australian systems, which will be quite different for American and Canadian companies
        currently only supplying within North America. Estimation techniques are provided for
        instances where information is not available for all ingredients in a mixture.                         Clear Language-Transportation of Dangerous Goods Regulations (Canada)
                                                                                                                                          - Amendment 2 -
It will be interesting to follow the implementation activities of the various countries that are
committed to adopting the GHS by 2008, as there are a few items in this harmonized system               The Clear Language-Transportation of Dangerous Goods (CL-TDG) Regulations were imple-
that still allow for variable application by each individual country. For instance, Confidential        mented on August 15, 2002, and they have been revised once already. A second proposed
Business Information (CBI), while mentioned in the GHS, is to be handled separately by each             set of Amendments, published in Canada Gazette Part I, were revised on April 15, 2003 based
nation who implements the system. Companies that deal with CBI matters in Canada and the                on comments received, and were sent for review for Canada Gazette Part II publication on May
U.S. may be familiar with the differences that already exist between these countries, which             20, 2003. You can review the proposed Amendment by downloading it from the Transport
would make harmonization difficult. Canada currently requires pre-application for approval to           Canada website at and clicking on
“hide” CBI, often at significant cost to the company involved. In the U.S., while the expecta-          "Amendment Number 2 - May 20, 2003". You can also read Transport Canada's explanatory
tions of what must be justified to claim confidentiality of ingredient information are essentially      text about these proposed changes, which can be downloaded from the same website.
the same as for Canada, there is no upfront need to justify this claim in the U.S. Only if the
confidentiality of the ingredient is challenged in the U.S. are you required to provide your jus-       Do you have questions or concerns about how the CL-TDG Regulations and the
tification and it will then be decided whether it is sufficient to warrant maintaining the              Amendments may impact your business? Contact Tracy Rowland-McGinnis at
confidentiality of the substance. As indicated above, in Canada this must be proven before the
fact, and if the governing body chooses to grant approval there may be conditions imposed
(e.g., additional information may be required on the SDS and label). As another example, the
GHS allows each country's competent authority, to determine to what extent ingredients must
be disclosed on labels (in addition to their disclosure on the SDS). This may introduce inter-                   Consumer Chemicals & Containers Regulations (CCCR 2001) (Canada)
national differences in labelling requirements, and while the classifications would remain                                   - Transition Period Coming to a Close -
harmonized, different labels may be required in different jurisdictions.
                                                                                                        The CCCR 2001, implemented on October 1, 2001, is a more flexible criteria-based system for
While these concerns regarding possible variations between countries who adopt the GHS, are             determining whether labelling and packaging requirements apply to consumer products, as
valid; it must be re-emphasized that the GHS allows for these variations but has provided some          contrasted with the 'old' regulations, which were list-based and thus, slow to adapt to technical
much needed guidance and companies will undoubtedly still be much further ahead than they               progress and new chemical hazard information.
were before.
                                                                                                        Transitional provisions were included as part of the CCCR 2001 text, allowing various 'grace
                                                                                                        periods' for implementation, depending on the hazards of the product and the level in the dis-
                                    Did You Know?                                                       tribution chain. The first transitional provision expires on October 1, 2003, at which time all
    CANTOX provides expert assistance and advice to companies interested in obtaining:                  producers, sellers and importers of products regulated under the CCCR 2001 will no longer be
    approvals for non-food materials, for use in registered food-producing establishments               able to produce or ship product in pre-printed packaging or using pre-printed labels that com-
    in Canada under the authority of the Canadian Food Inspection Agency (CFIA);                        ply with the 'old' regulations. After that date, these packages will need to be relabelled in
    White-Book™ listing for Nonfood Compounds for use in the USA, according to the                      accordance with the CCCR 2001. Retailers will still have until October 1, 2005 to deplete
    National Sanitation Foundation's (NSF) Registration Guidelines (The White-Book™                     stocks of products labelled according to the 'old' system if they are classified only under the
    replaces the now terminated US Department of Agriculture (USDA) listing of                          Pressurized Containers, Harmful, Irritant, or Combustible sub-categories. For all other sub-
    Proprietary Substances and Nonfood Compounds); and gaining approval for products                    categories retailers will have until October 1, 2004 to deplete stocks.
    as Maintenance Compounds, for use in industries that are regulated under the Meat
    Act (1981) of New Zealand, as administered by the New Zealand Food Safety                           Are your containers and labels in compliance?
    Authority (NZFSA).                                                                                  For more information contact Tracy Rowland-McGinnis at

    For more information contact Tracy Rowland-McGinnis at

            Need more help understanding and complying with Product-Safety and Hazard-Communication Legislation?
    The CANTOX Chemicals Group can reduce the amount of time, money, and staff resources you need in order to comply with the various hazard-communication requirements worldwide.
    Specific to Product Safety and Hazard Communication in Canada and other jurisdictions around the world, we can…

    P     INTERPRET HAZARD-COMMUNICATION LEGISLATION from both a scientific and regulatory perspective;
    P     CLASSIFY SUBSTANCES and/or products to determine the need for, and nature of, labelling and documentation (incl. MSDS and shipping paperwork) required;
    P     AUTHOR, MAINTAIN, AND/OR REVIEW MSDS AND LABELS (in both English and French);
    P     CONDUCT LITERATURE SEARCHES to obtain relevant data for hazard-communication purposes; and
    P     DESIGN, IMPLEMENT AND STEWARD TESTING PROGRAMS, to support hazard-communication initiatives.


    For more information on the consulting services we offer, please visit our website at, or contact:

                                                          Tracy Rowland-McGinnis, Scientific & Regulatory Consultant, Chemicals Group
                                                                          CANTOX HEALTH SCIENCES INTERNATIONAL
                                                                  2233 Argentia Road, Suite 308, Mississauga, Ontario L5N 2X7
                                                             Phone: (905)542-2900 / Fax: (905) 542-1011 / Email: