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July 22, 2006 Notice of Decisions and Orders
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The Hazardous Materials Information Review Commission (HMIRC) is an independent agency accountable to Parliament
through the Minister of Health. We work with our stakeholders—industry, labour and governments—to
help safeguard both workers and trade secrets in Canada’s chemical industry. Our tools include sound scientific
expertise, good communication, and dedication to the rights of everyone involved.
It’s the Law!
When people must deal with hazardous materials in the workplace, it is sound common sense to ensure that they
have enough information about these materials to handle them safely. In Canada, it’s also the law.
What protects Canadian workers is the Workplace Hazardous Materials Information System (WHMIS), which is actually
a combination of laws, regulations and procedures. WHMIS helps minimize workplace injury and illness from the
use of hazardous chemicals.
Under WHMIS, manufacturers and distributors of controlled (hazardous) products must provide information on the
health and safety risks associated with their products, together with instructions for safe handling, storage,
transportation, disposal and first-aid treatment. This information is conveyed by the product’s mandatory
Material Safety Data Sheet (MSDS) and label, which form an important part of employers’ workplace education
programs.
Trade Secrets
Sometimes, however, the WHMIS disclosure requirements come up against a manufacturer’s or supplier’s need to
keep certain proprietary information secret. For instance, explicit publication of the identity or concentration
of a hazardous ingredient that is a trade secret could cause a company to lose its competitive edge against
business rivals. Chemical companies also have rights, and one of them is the right to keep confidential
business information private.
Creating a Win/Win Situation
We need a healthy balance between industry’s right to protect trade secrets and the right of employers and
workers to know about the hazardous materials they deal with. The Hazardous Materials Information Review
Act and its regulations provide the mechanism to create that balance, through the Hazardous Materials
Information Review Commission.
What the Commission Does
If a supplier or manufacturer wishes to withhold critical proprietary information, such as the identity or
concentration of a particular hazardous ingredient in its product, it can apply to
HMIRC for exemption from
its obligations under WHMIS
to disclose this specific information.
HMIRC registers claims for
exemption from disclosure of trade secrets, rules on the validity of claims, and issues decisions on the
compliance of MSDSs and some labels with
WHMIS legislation.
The Commission’s Services
Client Services helps suppliers and employers protect their confidential business information,
while still meeting their disclosure obligations. They register claims for exemption and ensure the security of
claim-related information.
Client Services staff also assist claimants and potential claimants with information about the claims process
and the role of the Commission. It is their job to make sure everyone who deals with the Commission has the
information they need to make the process as simple as possible.
Screening officers rule on claim validity, based on the requirements of the Hazardous
Materials Information Review Act. And if necessary information is missing from an
MSDS or label, they issue a formal order to revise and
follow up until it complies with regulations.
MSDS Compliance is the Commission’s
scientific arm. Scientific evaluators review material safety data sheets associated with claims for exemption,
to make sure workers know about the hazards of exposure to these products. They provide advice to the
Commission’s screening officers.
Dispute Resolution provides all parties involved in a claim with options for dealing with
disagreements. While there is an appeals process at the end of the line, it is rarely used. The Commission has
incorporated a number of features to help avoid disputes or settle them informally into our day-to-day
operations. We take pride in giving impartial, unbiased and prompt service that encourages consensus agreements.
Appeals may relate to the compliance of an MSDS,
the rejection of a claim, or to a request that confidential business information be revealed in confidence to
an affected party for occupational health and safety reasons. Appeals are heard by independent boards with
members nominated by industry, labour and government, to ensure that all points of view are represented.
Our Values
The Commission’s approach is that everyone’s interests are best served by considering the needs of workers and
industry alike, and the best solution is one that protects both.
We emphasize cooperation, openness and dialogue in carrying out our mandate. We seek out creative and
progressive approaches to improve our procedures and programs. We try to offer a streamlined, competent,
efficient, and speedy service that is cost-effective and does not impose undue financial or paper burdens on
those who deal with us. Above all, we want to be fair and consistent, and accountable for all we do.
Our clients and stakeholders represent industry, workers, employers and governments at all levels. We try to
build relationships of trust, respect and understanding with all of them.
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