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

CPR Section 9 - Laboratory Sample

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Laboratory Sample

9. (1) Where a supplier has not obtained or prepared a material safety data sheet in respect of a controlled product, the sale or importation of a laboratory sample of the controlled product is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to transmit, obtain or prepare a material safety data sheet if the laboratory sample is packaged in a container that

1. contains a quantity of less than 10 kilograms of the controlled product; and
   
2. has a label applied to it in accordance with section 16.

(2) The sale or importation of a laboratory sample of a controlled product is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose the chemical identity of an ingredient of the controlled product on a material safety data sheet if

1. the laboratory sample is intended solely to be tested for research and development purposes; and
   
2. the generic chemical identity of the ingredient is disclosed on the material safety data sheet.

Interpretation / Discussion of Section 9

Subsection 9(1) provides an exemption from the requirement to provide, prepare or obtain an MSDS for laboratory samples under the specified conditions. Subsection 9(2) provides an exemption from normal ingredient disclosure requirements on MSDSs of laboratory samples used for research and development if the condition in paragraph 9(2)(b) is met.

"Laboratory sample" and "research and development" are terms which are defined in subsection 2(1) of the CPR. Lab samples must be products "intended solely to be tested in a laboratory." A laboratory includes non-traditional laboratory settings such as facilities designed to conduct testing:

• in the field (i.e., with or without a temporary enclosure such as a tent);
• adjacent to production lines after sampling from the line; or
• in steam/heating plants after sampling from valves, etc.

Therefore, the exemptions described in section 9 would apply in such cases;{ref.: PIS No.5}.

Laboratory samples for R&D purposes that utilize the exemption from required ingredient disclosure will not be distinguishable from non-exempt controlled products unless the MSDS is carefully consulted. Employers and employees may, therefore, not realize the restrictions on the use of the R&D sample under this exemption and may use it outside a laboratory or for non-R&D purposes. Therefore, although not specifically required by the regulations, suppliers intending to use this exemption should state on the labels and MSDSs words such as "Research and development sample. For laboratory use only. Échantillon pour recherche et développement. Pour utilisation dans un laboratoire seulement."; {ref.: PIS No. 4}.

MSDSs for infectious agents: Health has prepared MSDSs for several common potentially infectious agents. The MSDS are organized to contain health hazard information such as infectious dose, viability (including decontamination), medical information, aboratory hazard, recommended precautions, handling information and spill procedures. The intent of these documents is to provide a safety resource for laboratory personnel working with these infectious substances. Because these workers are usually working in a scientific setting and are potentially exposed to much higher concentrations of these human pathogens than the general public, the terminology in these MSDS is technical and detailed, containing information that is relevant specifically to the laboratory setting. These MSDSs can be accessed from the "Publications" page of the WHMIS web site.

MSDSs for diagnostic specimens: The HPA applies to the sale and importation of a controlled product. Internal distribution of a substance, such as from one hospital to another, both of which operate under the auspices of a given Ministry of Health, is outside of the scope of the HPA/CPR. As for other employer generated substances which are not sold in Canada, enquiries relating to an employer's obligations regarding MSDS and other information requirements for diagnostic specimens should be directed to the occupational safety and health agency having jurisdiction.

Paragraph 9(2)(b):

The chemical identity of a complex organic molecule with a high molecular weight could be described as a "substituted ethylene" if its molecular structure contained a double bond. In this case, however, "substituted ethylene" would not be considered to meet the intent of this paragraph. During the development of WHMIS, it was agreed that the phrase "a generic name as precise as reasonably possible..." be used as a guideline when a supplier is required to disclose a generic name as opposed to the specific chemical identity, (ref.: Report of the (WHMIS) Steering Committee, April 1985). WHMIS stakeholders had agreed that the quoted phrase be used as a guideline for use by the Hazardous Materials Information Review Commission as well as by inspectors in the interpretation of both section 16 of the HPA and subparagraph 16(b)(ii) of the CPR. This phrase can also be used as a guideline in the application of paragraph 9(2)(b); {ref.: PIS No. 3}.