Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

CPR Section 15 - Bulk Shipments

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Bulk Shipments

15. (1) The sale or importation of a bulk shipment of a controlled product is exempt from the application of paragraph 13(b) or 14(b) of the Act if

1. a label, material safety data sheet or statement in writing disclosing the information required to be disclosed by section 19 in respect of the controlled product is transmitted to the person to whom the controlled product is sold on or before the date on which the person receives the bulk
   shipment; or
2. the supplier has transmitted to the person to whom the controlled product is sold or the supplier who imports the controlled product has in his possession a label, material safety data sheet or statement in writing that
   
   1. is for a controlled product that has the same product identifier, and
   2. discloses the information that is required to be disclosed by section 19 in respect of the controlled product and is current at the time of the sale or importation.

(2) For the purposes of subsection (1), where the information is transmitted on a material safety data sheet or a statement in writing, hazard symbols required to be disclosed by paragraph 19(1)(d) in respect of the controlled product may be replaced by reference to the class and, in the case of a controlled product included in Class D - Poisonous and Infectious Materials, the division into which
the controlled product falls.

Interpretation / Discussion of Section 15

Subsection 15(1) :

The term "bulk shipment" is defined in subsection 2(2) of the CPR. Typically, a product shipped in bulk is transported to a work site and, upon arrival, transferred into a storage container. In such situations, labelling of the container in which the product is transported would not provide WHMIS label information to workers at the worksite. During transit, hazard warnings will be covered by the Transportation of Dangerous Goods Regulations. The employer at the work site, however, will need the supplier label information in order to properly label his/her on-site storage containers. Section 15 offers an exemption from WHMIS labelling requirements on containers of bulk shipments on the conditi on that the supplier WHMIS label information is sent to the purchaser.

Label information is specified in section 19 of the CPR and includes the product identifier, supplier identifier, hazard symbols, risk phrases, precautionary measures and, where appropriate, first aid measures. Several of these items are not normally required on MSDSs.

The label information can be sent to the purchaser in three forms. It can be sent on a WHMIS label, as additional information on a material safety data sheet or in a written statement..

Concerns have been expressed that the information which would normally appear on a supplier label is not immediately distinguishable and sometimes difficult to extract from the MSDS when the label information is transmitted within the body of the MSDS. Typically, a product shipped in bulk is transported to a worksite and, upon arrival, transferred into a storage container. During transit, hazard warnings will be covered by the Transportation of Dangerous Goods Regulations. The employer at the worksite, however, will need the supplier label information in order to properly label his/her on-site storage containers. Section 15 offers an exemption from WHMIS labelling requirements on containers of bulk shipments on the condition that the supplier WHMIS label information is sent to the purchaser.

• As one of the three key communication elements of the WHMIS program, the supplier label provides, in addition to other information, the risk phrases applicable to the controlled product.
  
  
• The label also serves as an ongoing reminder to workers of the precautionary measures they need to take to eliminate or otherwise reduce these risks to an acceptable level.
  
  
• As per WHMIS employer OSH requirements, an appropriate label must be applied to the controlled product before the product is used in the workplace.
  
  
• The intent of the CPR exemption for bulk shipments is not to transfer the onus from the supplier onto the purchaser to extract label information intertwined with the other information disclosed on the MSDS based on the purchaser's judgement of what is applicable. Any suggestion that the purchaser should bear this responsibility is contrary to both the spirit and intent of the WHMIS requirements of the HPA.

To facilitate the application of the appropriate label to the controlled product, should a supplier/importer of bulk shipments choose to provide supplier label information on the MSDS as opposed to providing a separate label (or by disclosing the label information on a separate sheet), the label information should be set apart and readily discernible from the other information disclosed on the MSDS; {ref.: PIS No. 83}.

Paragraph 15(1)(a) is intended to deal with the first-time sale of a bulk shipment to a purchaser. The bulk shipment is exempted from WHMIS labelling requirements if all of the label information is sent to the purchaser on or before receipt of the product by the purchaser.

Paragraph 15(1)(b) is intended to cover subsequent sales of the same product sent in bulk shipments to a purchaser. Subsequent bulk shipments of the product are exempted from the WHMIS labelling requirements if the purchaser or importer is already in possession of all of the label information and if
that information is still valid at the time of sale or importation.

Ingots of controlled products shipped without wrapping of any sort are eligible for the label exemptions detailed in section 15 of the CPR. This policy was agreed upon to avoid having to provide a separate supplier label for each individual ingot of the same controlled product; {ref.: PIS No. 68}.

Subsection 15(2) :

Subsection 15(2) deals with the cases where the label information is transmitted on an MSDS or in a written statement. In such cases, transmission of the hazard symbols is not required. Provision of information advising of the classes and, in the case of class D, the division that the product falls into, will enable the employer to respect OSH worksite labelling and training obligations.