REGULATION CHANGES IN GENERAL TERMS:
Recent changes were designed for better protection of workers from the risks of exposures to hazardous substances through a Global Harmonized System (GHS) in the classification and labeling of chemicals, specifically as endorsed at 2002 UN Meeting for an internationally harmonized system for defining and classifying hazards, and communicating information of hazards on labels and safety data sheets consistently, lessening the barriers to trade.
A permanent process followed for adopting revised and new Occupational Exposure Limits (OELs) in Regulation 833. These proposals were based on adopted ACGIH Total Limit Values announced annually since 2004 with Regulation 833 amended following consultation period and Ministry’s decision to include:
• OELs for 6 new substances
• Revised OELs for 13 substances
• Withdrawals of OELs for 2 substances
Designated Substances for which OELs have been Revised
• Asbestos
• Benzene
• Lead (except tetraethyl lead)
• Mercury (except alkyl mercury)
• Silica, crystalline, respirable
• Vinyl chloride
These changes follow Particulate Size-Selective OELs set on specific size range of particulates and aerosols (inhalable, thoracic and respirable) with internationally harmonized size-selective criteria that utilize the same criteria for size-selective devices when sampling a specific size range.
ENSURING COMPLIANCE:
An HR Manager’s key requirements for compliance with changes include ensuring all reasonable measures are taken to protect workers from exposure to hazardous chemical or biological agent (section 3(1) & (2)) together with reviewing and ensuring OELs not exceeded in the exposure of workers (Section 4). For some industries this may include development and implementation of control program(s) including provisions for control measures, air monitoring, medical surveillance, etc. Generally where respiratory protection is necessary a company follows Respirator Code or NIOSH Respirator Selection Logic 2004 for respirator selection and other guidance.
AWARENESS TO RELATED ITEMS:
HR Managers in manufacturing and healthcare industries need to be aware of the MOL’s Hazardous Substances Enforcement Strategy where Orders may be issued for:
• Conducting re-assessment of the risks of exposures to designated substance(s)
• Upgrading control programs related to designated substance(s)
• Updating or upgrading labels, MSDSs and training to meet WHMIS requirements
• Submitting compliance plan(s) for meeting Regulation 833/90 requirements, and/or
• Testing if quick fixes are not possible and the risks are unknown
There will be changes to WHMIS Classification criteria, label elements and MSDS sheets (i.e. from the standard 9 headings to become 16 headings) during the harmonization of federal/provincial/territorial WHMIS regulations with GHS.
As OELs become progressively more protective, exposure monitoring will be an increasingly important part of exposure assessment.