WHMIS 2015

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What is WHMIS 2015?

WHMIS stands for Workplace Hazardous Materials Information System. WHMIS is Canada’s national hazard communication system for hazardous products in the workplace. It ensures that every worker who works with, or may be exposed to, hazardous products is informed about hazards and has the necessary knowledge to be able to use and handle the hazardous products in a safe manner.

WHMIS was first introduced in 1988. In 2015 the WHMIS legislation, which specifies requirements for the suppliers of hazardous products, was changed to align with the Globally Harmonized System of Classification and Labelling (GHS). This new legislation is referred to as WHMIS 2015, while the old WHMIS legislation is now referred to as WHMIS 1988. In August 2016, Saskatchewan made changes to its Occupational Health and Safety legislation, which implements WHMIS 2015.

The four key components of the WHMIS are:

  • the hazard classification,
  • the label,
  • the safety data sheet (SDS), and
  • the education and training of the workers.

Some products are not required to comply with the WHMIS supplier labelling and SDS requirements (that is, they are partially excluded from the WHMIS 2015 requirements). However, the employer must educate and train the workers to safely use and protect themselves from the hazards associated with those products.

Some other products are totally excluded from WHMIS 2015 requirements.

What changed?

  • The rules for hazard classification
  • The hazard groups, classes, and categories (formerly only hazard classes)
  • The supplier labelling requirements and the hazard symbols used on the labels
  • The safety data sheet (no longer a material safety data sheet) has a new format and requires more information
  • Products regulated under WHMIS are now called hazardous products (WHMIS 1988 used the term controlled products)

What stayed the same?

The roles and responsibilities of suppliers, employers and workers have essentially remained the same.

Suppliers of hazardous products must continue to:

  • Determine if their products are hazardous products
  • Provide a safety data sheet
  • Label the product

The requirements that must be met by the supplier are established by federal WHMIS legislation administered by Health Canada, namely the Hazardous Products Act and Hazardous Products Regulations.

Employers must continue to:

  • Ensure that all hazardous products in the workplace are properly labelled
  • Ensure that compliant safety data sheets are readily available to workers
  • Provide education and training and periodically evaluate the workers’ knowledge
  • Ensure that appropriate control measures are in place to protect the workers’ health and safety

The employers’ responsibilities are set out by the provincial legislation in Saskatchewan, namely The Saskatchewan Employment Act, Part III, The Occupational Health and Safety Regulations, 1996, and The Occupational Health and Safety (Workplace Hazardous Materials Information System) Regulations.

Workers must continue to:

  • Participate in education and training programs
  • Take the necessary steps to protect themselves and their co-workers
  • Participate in identifying and eliminating hazards

Transition from WHMIS 1988 to WHMIS 2015

To allow suppliers and employers the time to become compliant with WHMIS 2015, there is a multi-year transition period.

Until May 31, 2018, suppliers who are manufacturers or importers can sell products using either WHMIS 1988 or WHMIS 2015. Distributors have until August 31, 2018 to completely switch to WHMIS 2015.

During this period, employers may receive hazardous products that are compliant either with WHMIS 1988 (meaning the hazard classification, label, and MSDS follow the WHMIS 1988 requirements), or with WHMIS 2015 (the hazard classification, label, and SDS meet WHMIS 2015 requirements). The employer must educate and train the workers on WHMIS 2015 before such products are used in the workplace.

Employers have until November 31, 2018 to clear their WHMIS 1988 stock. By December 1, 2018, it is expected that only WHMIS 2015 will be used in all workplaces.

During the transition, employers should carefully plan their purchasing of hazardous products so that by November 31, 2018, as much as possible, any old stock that is compliant with WHMIS 1988 is depleted or completely used up. Employers should not receive WHMIS 1988 compliant hazardous products after August 31, 2018 because all suppliers are required to have transitioned to WHMIS 2015 by this date.

By December 1, 2018, any remaining WHMIS 1988 stock in the workplace should be relabelled with a WHMIS 2015 supplier label, if possible, or a workplace label. The employer should also obtain from the supplier, if possible, a WHMIS 2015 safety data sheet. If the employer is unable to obtain or prepare a WHMIS 2015 safety data sheet and label, the employer should dispose of the product in accordance with all regulatory requirements for waste disposal.  Additional guidance should be obtained from WorkSafe Saskatchewan (tel.:306 787-4370; 1-800-667-7590).

WHMIS 2015 Supplier Labels

A label is a tool that informs the worker, at a glance and in a concise way, about the hazards of the product.

The WHMIS legislation requires, with some exceptions, that all products that are classified in one or more of the WHMIS hazard classes and are used, handled, or stored in workplaces in Canada, have a WHMIS label.

What is a supplier label?

Suppliers have the responsibility to apply an appropriate label to hazardous products they provide to their customers.

Follow the link to find out what information elements must be included on the supplier label.

The supplier label must be:

Sample WHMIS 2015 Supplier Label

Supplier Label

There are several exemptions that may be applied to a supplier label including:

  • Bulk shipments and unpackaged products can be sold without having a supplier label affixed to the product. However, once the hazardous product is in the workplace, the employer must label the hazardous product or its container with a label that has all the information required by a supplier label.
  • Labels for hazardous products in containers of 100 ml or less do not have to include hazard statements or precautionary statements. The label affixed to a container of a hazardous product of 3 ml or less must be durable and legible for transport and storage, but can be removed during use if the label interferes with the normal product use.
  • Laboratory samples meeting certain conditions are exempt from having the pictogram, the signal word, and the hazard and precautionary statements on the supplier label.

WHMIS 2015 Workplace Labels

What is a workplace label?

Follow the link to find out what information elements must be included on the workplace label.

Sample WHMIS 2015 Workplace Label

Workplace Label

When must a workplace label be applied?

Workplace labels must be applied:

  • On the container of a hazardous product or to the hazardous product that is produced in the workplace.
  • On a hazardous product imported by the employer only for use in its own workplace and that was received without a label.
  • On the container of a hazardous product that is not the original container in which the product was received from the supplier (decanted product).
  • When a supplier label is lost or becomes illegible.

Hazardous products in piping systems and vessels must be identified through colour coding, labels, placards or other modes of identification.

Placards must be used to identify hazardous products that:

  • are not in containers,
  • are in containers intended for export, or
  • are in containers waiting to be labelled and sold.

The placard must contain all the information required to appear on a workplace label, be of appropriate size, and be placed in a visible location.

Are there any exemptions from the requirements for workplace labels?

The requirements for workplace labels do not apply to:

  • fugitive emissions.
  • hazardous products produced in the workplace and waiting to be sold. These products can be stored without a label while in the process of being appropriately labelled.
  • hazardous products which are produced in a laboratory, are used only for research and development, are not removed from the laboratory, and are clearly identified.
  • portable containers containing products decanted directly from a container having a supplier or workplace label if:
    • the content is immediately used
    • the portable container is under the control and use of the worker who decanted the product
    • the content is used during the shift in which the container was filled
    • the content is clearly identified

What are the employer’s responsibilities for labelling?

The employer must ensure that:

  • All hazardous products are received in the workplace with a WHMIS 2015 supplier label (unless that product is exempt from the labelling requirements).
  • If a supplier label does not comply with WHMIS 2015, or is not provided, the product can be stored in the workplace while the employer is actively seeking the required label. However, the product cannot be used or handled during this period.
  • The supplier label is not removed, modified, or destroyed.
  • The label is replaced with a new supplier or workplace label if the supplier label is accidentally destroyed.
  • The supplier or workplace label or the information on a hazardous product produced in the workplace is updated as soon as significant new data is available.
  • Workers are educated, instructed and trained in the alternative labelling systems (colour codes, placards other types of labels) used in the workplace.

Safety Data Sheet (SDS)

The safety data sheet transmits information about the hazards presented by a product. The information included on an SDS is more detailed than that on the label. The WHMIS 2015 SDS has a new standardized format consisting of 16 sections.

It is the responsibility of the supplier, and sometimes the employer, to prepare the safety data sheet for a hazardous product.

Any hazardous product that is sold by a supplier must be accompanied by the SDS at the time of sale. The SDS must be current at the time of sale, and must be updated within 90 days when significant new data is available. If a sale occurs within this 90 day period, the supplier must provide in writing the significant new data and the date upon which it became available with the SDS. There is no requirement for the supplier to provide an SDS to past purchasers of the product.

Under WHMIS 1988, the supplier was required to update the SDS every three years. This supplier requirement has not been retained in WHMIS 2015. The supplier is no longer required to update the SDS at least once every three years. However, the Saskatchewan WHMIS legislation requires the employer to obtain from the supplier, if possible, an up-to-date safety data sheet if the hazardous product is three years old.

What are the employer’s responsibilities with regard to SDSs?

An employer must make sure that:

  • An SDS is obtained from the supplier when a hazardous product is acquired to be used, stored or handled in the workplace.
  • When a hazardous product used in the workplace is more than three years old, a reasonable effort is made to obtain an up-to-date SDS from the supplier.
  • Significant new data that the employer is aware, or ought to be aware of, is added to the SDS when an up-to-date supplier SDS cannot be obtained.
  • Safety data sheets are prepared for the hazardous products produced in the workplace, and that these safety data sheets are updated no later than 90 days after significant new data becomes available.
  • The safety data sheets are readily available to workers who may be exposed to the hazardous product, as well as the occupational health committee, occupational health and safety representative, or a worker representative.

Note: An employer is not required to obtain an SDS for:

  • products to which the up-to-date supplier safety data sheet no longer applies to the original product, and
  • some laboratory samples. and

Education and training

To understand the information on labels and SDSs and to learn how to safely work with a hazardous product, workers who work with or may be exposed to a hazardous product must be educated and trained.

Education means learning about general WHMIS principles, the hazard classes and categories, and the hazard communication tools (the label and safety data sheet). Generic WHMIS education can include:

  • WHMIS purpose, legislation, rights and responsibilities
  • Hazard classes and categories
  • SDS and label requirements
  • How to access the available information

Education on general topics can be provided by different consultant organizations or by the employer. It is the responsibility of the employer to ensure that the education provider is competent in the field.

Training consists of site and job specific information such as the identification of the hazardous products in the workplace and safe operating procedures. Since training is workplace-specific, it is recommended that it be provided by an on-site person who has the technical and educational expertise to teach others.

An employer, in consultation with the occupational health committee, must develop and implement a WHMIS education and training program that:

  • Informs the workers about the hazards they are exposed to and the safe work procedures; and
  • Results in the worker being able to apply the information received during the education and training sessions.

The education and training program must be reviewed at least annually, or at any time new hazard information becomes available or the work conditions change.

The employer must periodically evaluate the knowledge of the workers through tests, quizzes, discussions, or other means.

Confidential Business Information

Suppliers and employers who are producing hazardous products in the workplace can apply for an exemption from the requirements to include on the label and SDS some information that they want to keep confidential (for example, the chemical identity and concentration of an ingredient, substance, or material, and the supplier identifier). and Confidential Business Information claims are regulated under the Hazardous Materials Information Review Act (HMIRA) and Regulations. All claims for Confidential Business Information must be submitted to, and approved by, Health Canada. Upon submission, each claim receives an HMIRA registry number that, together with the date the claim was filed, must be included on the SDS and label, if applicable. and . If the claim is approved, the HMIRA registry number and the date granted must appear on the SDS and label.

If the confidential information on the SDS is the chemical name of an ingredient, substance, or material, that name may be replaced by a generic chemical name approved by Health Canada. All physical and health hazard information, and safety information related to the product, must still be included on the SDS and/or label. Suppliers and employers who have confidential business information are required to disclose the name of the ingredient or substance to a health professional when this information is considered important in determining the course of treatment in an emergency.

Occupational Health and Safety (Workplace Hazardous Materials Information System) Regulations
S.S. 2013, c. S-15.1 Reg 6

Section 2 Interpretation

2. (1) In these regulations:

"Act" means The Saskatchewan Employment Act ;

"bulk shipment" means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:

(a) a vessel with a water capacity equal to or greater than 450 litres;

(b) a freight container, road vehicle, railway vehicle, or portable tank;

(c) the hold of a ship; or

(d) a pipeline;

"container" includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle, but does not include a storage tank;

"education" means the delivery of general information to workers;

"employer safety data sheet" means a safety data sheet prepared by an employer that contains the information required by Part 4 of the Hazardous Products Regulations;

"fugitive emission" means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from:

(a) process equipment;

(b) emission control equipment; or

(c) a product that workers may be exposed to;

"hazard class" means a hazard class mentioned in Schedule 2 of the Hazardous Products Act ;

"hazard information" means information on the proper and safe use, storage, handling and disposal of a hazardous product, and includes information relating to the product’s health and physical hazards;

"hazard statement" means a phrase assigned to a category or subcategory of a hazard class or, in the case of column 5 of Parts 4 to 6 of Schedule 5 of the Hazardous Products Regulations , the required statement that describes the nature of the hazard presented by a hazardous product;

"Hazardous Materials Information Review Act" means the Hazardous Materials Information Review Act (Canada);

"Hazardous Materials Information Review Regulations" means the Hazardous Materials Information Review Regulations (Canada), SOR/88-456;

"Hazardous Products Act" means the Hazardous Products Act (Canada);

"Hazardous Products Regulations" means the Hazardous Products Regulations (Canada), SOR/2015-17;

"hazardous waste" means a hazardous product that is:

(a) intended for disposal; or

(b) acquired or generated for recycling or recovery;

"health professionals" means:

(a) physicians who are licensed to practise medicine pursuant to the laws of Saskatchewan and who are practising medicine pursuant to the laws of Saskatchewan; and

(b) nurses who are registered or licensed pursuant to the laws of Saskatchewan;

"initial supplier identifier" means, with respect to a hazardous product, the name, address and telephone number of:

(a) the manufacturer; or

(b) the importer of the hazardous product who operates in Canada;

"laboratory sample" means a sample of a hazardous product that is packaged in a container that contains less than 10 kilograms of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used:

(a) by the laboratory for testing other products, mixtures, materials or substances; or

(b) for educational or demonstration purposes;

"manufactured article" means any article that is formed to a specific shape or design during manufacturing, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that under normal conditions of use, will not release or otherwise cause a person to be exposed to a hazardous product;

"process equipment" means the equipment used in the process of creating a hazardous product;

"product identifier" means, with respect to a hazardous product, the brand name, chemical name, common name, generic name or trade name;

"readily available" means present in an appropriate place, accessible to a worker at all times, and in the form of:

(a) a physical copy; or

(b) an electronic copy;

"research and development" means a scientific analysis or experiment to find information that is other than or in addition to that supplied in a Disclosure of Source of Toxicological Data;

"signal word" means, with respect to a hazardous product, the word ‘danger’ or ‘warning’ that is used to alert the reader to a potential hazard and to indicate its severity;

"significant new data" means new data regarding the hazard presented by a hazardous product that:

(a) changes the product’s classification in a category or subcategory of a hazard class;

(b) changes the product’s hazard class; or

(c) changes the ways to protect against the hazard presented by the hazardous product;

"supplier" means a supplier as defined in the Hazardous Products Act ;

"supplier label" means a label provided by a supplier that contains the information elements required by Part 3 of the Hazardous Products Regulations ;

"supplier safety data sheet" means a safety data sheet provided by a supplier that contains the information required by Part 4 of the Hazardous Products Regulations;

"training" means the delivery of worksite and job-specific information to workers;

"workplace label" means a legible label that discloses:

(a) a product identifier that is identical to that found on the safety data sheet of the corresponding hazardous product;

(b) all necessary information for the safe handling of the hazardous product, including signal words and hazard statements; and

(c) whether a safety data sheet is readily available.

(2) Except as otherwise provided in these regulations, the terms used in The Occupational Health and Safety Regulations, 1996 have the same meaning in these regulations.

Section 3 Certain products exempted

3. (1) Subject to subsections (2) to (6), these regulations apply to employers and workers with respect to hazardous products used, stored and handled at a workplace.

(2) A supplier label and a supplier safety data sheet are not required for the following hazardous products:

(a) an explosive as defined in section 2 of the Explosives Act (Canada);

(b) a cosmetic, device, drug or food, as defined in section 2 of the Food and Drugs Act (Canada);

(c) a pest control product as defined in subsection 2(1) of the Pest Control Products Act (Canada);

(d) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act (Canada) that is radioactive;

(e) a consumer product as defined in section 2 of the Canada Consumer Product Safety Act .

(3) These regulations do not apply to a hazardous product that is:

(a) wood or a product made of wood;

(b) tobacco or a product made of tobacco;

(c) a manufactured article; or

(d) being transported or handled pursuant to The Dangerous Goods Transportation Act and the Transportation of Dangerous Goods Act (Canada).

(4) Subject to subsection (5), these regulations do not apply to hazardous waste.

(5) An employer shall ensure the safe storage and handling of hazardous waste through a combination of identification of the hazardous waste and worker education and training.

(6) The worker education and training mentioned in subsection (5) must include all hazard information that the employer is, or ought reasonably to be, aware of concerning the hazardous waste.

Section 4 Restriction on use of hazardous products

4. (1) Subject to subsection (2), an employer shall ensure that a hazardous product is not used, stored or handled in a place of employment unless all the applicable requirements in these regulations with respect to labels, identifiers, safety data sheets and worker education and training are complied with.

(2) An employer may store a hazardous product in a place of employment while actively seeking information required pursuant to these regulations.

Section 5 Worker education and training

5. (1) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is informed about:

(a) all hazard information received by the employer from a supplier concerning that hazardous product; and

(b) any further hazard information that the employer is, or ought reasonably to be, aware of concerning the use, storage, handling and disposal of that hazardous product.

(2) If a hazardous product is produced in a place of employment, an employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is informed about all hazard information that the employer is, or ought reasonably to be, aware of concerning the use, storage, handling and disposal of that hazardous product.

(3) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of his or her work activities is educated and trained respecting:

(a) the content that is required to appear on a supplier label and workplace label for the hazardous product and the purpose and significance of the information contained on those labels;

(b) the content that is required to appear on a safety data sheet for a hazardous product and the purpose and significance of the information contained on the safety data sheet;

(c) all necessary procedures for the safe use, storage, handling and disposal of the hazardous product;

(d) all necessary procedures to be followed if fugitive emissions are present where workers may be exposed to those fugitive emissions; and

(e) all necessary procedures to be followed in case of an emergency involving a hazardous product.

(4) An employer shall ensure that the education and training required by subsection (3) is developed and implemented:

(a) for that employer’s place of employment; and

(b) in consultation with the occupational health committee, if there is an occupational health committee.

(5) An employer shall ensure that:

(a) the education and training required by subsection (3) results in a worker being able to apply the information as needed to protect the health and safety of that worker or any other worker;

(b) the necessary procedures mentioned in clauses (3)(c) to (e) are implemented; and

(c) the knowledge of the workers is periodically evaluated using written tests, practical demonstrations or other suitable means.

(6) An employer shall review at least annually, or more frequently if required by a change in work conditions or available hazard information, the education and training programs provided to workers on the safe use, storage, handling and disposal of hazardous products, in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) if there is no occupational health committee or occupational health and safety representative, a worker representative.

Section 6 Supplier label

6. (1) Subject to any exemption from labelling requirements in Part 5 of the Hazardous Products Regulations , an employer shall ensure that the hazardous product or the container in which the hazardous product is packaged that is received at a workplace has a supplier label affixed to it, printed on it or attached to it in a manner that complies with the requirements in Part 3 of the Hazardous Products Regulations.

(2) Subject to section 3-50 of the Act and any applicable exemptions from labelling requirements in Part 5 of the Hazardous Products Regulations , if any amount of a hazardous product remains in a workplace in the container in which it was received from the supplier, an employer shall not remove, deface, modify or alter the supplier label.

(3) An employer shall update the supplier labels or the information on a hazardous product as soon as significant new data is provided to the employer from the supplier.

(4) If the label applied to a hazardous product or the container of a hazardous product becomes illegible or is accidentally removed from the hazardous product or the container, the employer shall replace the label with either a supplier label or a workplace label.

(5) Notwithstanding subsections (2) and (4), a supplier label of a hazardous product may be removed under the normal conditions of use of the hazardous product in a container that has a capacity of three millilitres or less, if the label interferes with the normal use of the product.

(6) The employer shall affix a workplace label that meets the requirement in section 7 if the employer imports and receives a hazardous product pursuant to Part 5 of the Hazardous Products Regulations that:

(a) is only for use in the employer’s place of employment; and

(b) is without a label.

(7) An employer who has received an unpackaged hazardous product or a hazardous product transported as a bulk shipment to which a supplier label has not been affixed or attached pursuant to the exemption in subsection 5.5(2) of the Hazardous Products Regulations shall affix a label having the information required of a supplier label to the container of the hazardous product or to the hazardous product in the workplace.

Section 7 Workplace label for employer-produced products

7. (1) Subject to subsections (2) and (3), if a hazardous product is produced at a place of employment, the employer shall ensure that a workplace label is applied to the hazardous product or the container of the hazardous product.

(2) An employer shall update the workplace labels or the information on a hazardous product as soon as significant new data is made available to the employer.

(3) Subsection (1) does not apply to:

(a) the production of fugitive emissions;

(b) a hazardous product that is in a container:

(i) intended to contain the hazardous product for sale or disposition; and

(ii) that is or is about to be appropriately labelled for sale or disposition within the normal course of business and without undue delay.

Section 8 Workplace label for decanted products

8. (1) Subject to subsection (2), if a hazardous product at a place of employment is in a container other than the container in which the hazardous product was received from a supplier, an employer shall ensure that a workplace label is applied to the container into which the hazardous product is placed.

(2) Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or workplace label applied to it if:

(a) all of the hazardous product in the portable container is required for immediate use; or

(b) all of the following conditions are met:

(i) the hazardous product is:

(A) under the control of, and used exclusively by, the worker who filled the portable container; and

(B) used only during the shift in which the portable container was filled;

(ii) the contents of the container are clearly identified.

Section 9 Identification of hazardous products in piping systems and vessels

9. Notwithstanding sections 6 to 8, an employer shall ensure the safe use, storage, handling and disposal of a hazardous product in a place of employment through worker education and training and the use of colour coding, labels, placards or any other mode of identification if the hazardous product is contained or transferred in or on:

(a) a pipe;

(b) a piping system, including valves;

(c) a process vessel;

(d) a reaction vessel; or

(e) a tank car, tank truck, ore car, conveyor belt or similar conveyance.

Section 10 Placard identifiers

10. (1) Notwithstanding sections 6 to 8, an employer shall post a placard in accordance with subsection (2) if a hazardous product:

(a) is not in a container;

(b) is in a container or form intended for export; or

(c) is in a container that is intended to contain the hazardous product for sale or disposition, and the container is not yet labelled but is to be labelled pursuant to section 7.

(2) A placard required by subsection (1):

(a) must disclose the information that is required to appear on a workplace label; and

(b) must be of an appropriate size and must be placed in an appropriate location to make the information on it conspicuous and clearly legible to workers.

(3) An employer who complies with subsections (1) and (2) is deemed to have complied with sections 6 to 8.

Section 11 Laboratory and sample labels

11. (1) If a sample of a product described in subsection (2) is a hazardous product or a product that a supplier or an employer has reason to believe may be a hazardous product, a label provided by the supplier and affixed to the container received at the place of employment is deemed to be a supplier label for the purposes of section 6 if it meets the requirements in subsection (4).

(2) Subject to subsection (3), subsection (1) applies to a product that:

(a) is contained in a container that contains less than 10 kilograms of the product;

(b) is intended by the supplier or the employer solely for analysis, testing or evaluation in a laboratory; and

(c) is one with respect to which the supplier is exempt from the requirement to provide a safety data sheet pursuant to Part 5 of the Hazardous Products Regulations .

(3) Subsections (1) and (2) do not apply to a sample that is to be used:

(a) by the laboratory for testing other products, mixtures, materials or substances; or

(b) for educational or demonstration purposes.

(4) If a laboratory sample of a hazardous product is the subject of a labelling exemption pursuant to subsection 5(5) or (6) of the Hazardous Products Regulations , a label provided by the supplier and affixed to, printed on or attached to the container complies with the requirements in section 6 with respect to a supplier label if it discloses the following information in place of the information required pursuant to paragraph 3(1)(c) or (d) of the Hazardous Products Regulations:

(a) the product identifier;

(b) the chemical or generic chemical name of any material or substance in the hazardous product that is:

(i) individually classified pursuant to the Hazardous Products Act and the Hazardous Products Regulations , in any category or subcategory of a hazard class; and

(ii) present at a concentration that results in the mixture being classified in a category or subcategory of any hazard class, if known by the supplier;

(c) the initial supplier identifier; and

(d) the statement, "Hazardous Laboratory Sample. For hazard information or in an emergency, call / Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez", followed by an emergency phone number that will enable the caller to obtain the information that is required to appear on the safety data sheet of a hazardous product.

(5) An employer is exempt from the requirements in section 8 if the hazardous product at a place of employment:

(a) is either:

(i) in a container other than the container in which it was received from a supplier; or

(ii) produced in the workplace;

(b) is a laboratory sample; or

(c) is intended by the employer solely for use, analysis, testing or evaluation in a laboratory and is clearly identified through a combination of:

(i) any modes of identification visible to workers at the workplace; and

(ii) worker education and training required pursuant to these regulations.

(6) If a hazardous product is produced in a laboratory, the employer is exempt from the requirements in sections 7 and 8 if the hazardous product:

(a) is intended by the employer solely for use, analysis, testing or evaluation for research and development;

(b) is not removed from the laboratory; and

(c) is clearly identified through a combination of:

(i) any modes of identification visible to workers at the workplace; and

(ii) worker education and training required pursuant to these regulations.

(7) For the purposes of subclauses (5)(c)(ii) and (6)(c)(ii), the employer shall ensure that the mode of identification and worker education and training used enables the workers to readily identify and obtain:

(a) the information required on a safety data sheet; or

(b) a label or document disclosing the information mentioned in subsection (4) with respect to the hazardous product or the laboratory sample.

Section 12 Supplier safety data sheets

12. (1) Subject to subsection (5), an employer who acquires a hazardous product for use, storage or handling at a workplace shall obtain a supplier safety data sheet, if one has been produced with respect to that hazardous product.

(2) If a hazardous product that is used in a workplace is three years old, the employer shall, if possible, obtain from the supplier an up-to-date supplier safety data sheet with respect to the hazardous product at that time.

(3) If an employer is unable to obtain an up-to-date supplier safety data sheet pursuant to subsection (2), the employer shall add to the existing supplier safety data sheet any significant new data of which he or she is aware or ought to be aware.

(4) An employer may provide a safety data sheet that is in a different format from that provided by the supplier or that contains additional hazard information if:

(a) subject to section 15, the safety data sheet provided by the employer contains no less information than the supplier safety data sheet or any lesser information that is acceptable to the occupational health committee, the occupational health and safety representative or, if there is no occupational health committee or occupational health and safety representative, a worker representative; and

(b) the supplier safety data sheet is available at the place of employment and the employer’s safety data sheet indicates that the supplier safety data sheet is available at the place of employment.

(5) Notwithstanding subsection (1), an employer is exempt from the requirement to obtain a supplier safety data sheet for a hazardous product if:

(a) the employer is exempt from the requirement to provide a safety data sheet pursuant to Part 5 of the Hazardous Products Regulations; or

(b) the up-to-date safety data sheet no longer applies to the original product.

Section 13 Employer safety data sheets

13. (1) For the purposes of this section, "produces" does not include the production of a fugitive emission or of intermediate products undergoing reaction within a reaction vessel or process vessel.

(2) Subject to section 15 and Part 5 of the Hazardous Products Regulations , if the employer produces a hazardous product in a place of employment, the employer shall prepare a safety data sheet for the hazardous product.

(3) An employer shall update the safety data sheet mentioned in subsection (2) as soon as possible if significant new data becomes available to the employer, but not later than 90 days after the significant new data becomes available.

(4) Subject to Part 11 of the Hazardous Materials Information Review Act , on a request pursuant to subsection (5), an employer who produces a hazardous product in a workplace shall disclose to the person making the request the source of any toxicological data used in preparing a safety data sheet.

(5) An employer shall make the disclosure mentioned in subsection (4) on the request of an inspector, a concerned worker, the occupational health committee, an occupational health and safety representative or, if there is no occupational health committee or occupational health and safety representative, a worker representative.

Section 14 Availability of safety data sheets

14. (1) An employer shall ensure that a copy of a safety data sheet required pursuant to sections 12 and 13 is made readily available to any of the following who are consulted on the matter of how best to achieve safety data accessibility in the workplace:

(a) workers who may be exposed to the hazardous product;

(b) the occupational health committee, if any;

(c) an occupational health and safety representative, if any;

(d) a worker representative.

(2) If a hazardous product is received or produced at a laboratory and the employer has produced a safety data sheet, the employer shall ensure that the safety data sheet is readily available to any worker in the laboratory.

Section 15 Omissions from safety data sheet

15. Pending the final determination of an employer’s claim for an exemption pursuant to section 3-50 of the Act, the employer may, subject to any terms and conditions pursuant to that section, omit from a safety data sheet required by sections 12 and 13 the information that is the subject of the claim, but shall not omit any hazard information.

Section 16 Disclosure re claim for exemption, exemption granted

16. (1) In this section, "proceedings" means proceedings as defined in subsection 19(3) of the Hazardous Materials Information Review Act.

(2) An employer who claims an exemption from a requirement to disclose information pursuant to section 3-50 of the Act shall disclose the following on the required safety data sheet or label:

(a) a statement that a claim for exemption was filed with Health Canada;

(b) the date on which the claim for exemption was filed with Health Canada; and

(c) the registry number assigned to the claim pursuant to section 10 of the Hazardous Materials Information Review Regulations .

(3) Subsection (2) continues to apply until:

(a) in the case that an order is issued by a screening officer pursuant to subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act , the end of the period that begins on the final disposition of the proceedings respecting the claim for exemption and ends at the time specified in the order; or

(b) in any other case, the end of the period not exceeding 30 days after the final disposition of the proceedings respecting the claim for exemption.

(4) An employer who receives notice of a decision pursuant to section 15 of the Hazardous Materials Information Review Act that his or her claim is valid shall, before the end of the period mentioned in clause (3)(a) or (b) and throughout the period ending on the last day of the exemption period stated in the decision, disclose on the required safety data sheet or label:

(a) a statement that an exemption has been granted;

(b) the date of the decision granting the exemption; and

(c) the registry number assigned to the claim pursuant to section 10 of the Hazardous Materials Information Review Regulations .

(5) If an employer who is granted an exemption pursuant to this section prepares a safety data sheet for a hazardous product, the safety data sheet complies with the requirements in subsection 13(2) if:

(a) it discloses the following information in place of the information elements listed in items 3(1)(a),(c) and (d) or 3(2)(a) and (c) of Schedule I of the Hazardous Products Regulations :

(i) in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance;

(ii) in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in that mixture that is:

(A) individually classified pursuant to the Hazardous Products Act and the Hazardous Products Regulations , in any category or subcategory of a hazard class; and

(B) present at a concentration that results in the mixture being classified in a category or subcategory of any hazard class, if known by the supplier;

(b) it does not disclose the information element listed in item 3(2)(d) of Schedule I of the Hazardous Products Regulations ; or

(c) it discloses in the place of the product identifier a code name or code number for the product.

Section 18 Transition - labelling requirements and safety data sheets

18. (1) In this section, "former section" means a section of The Occupational Health and Safety Regulations, 1996 as that section existed before the coming into force of these regulations.

(2) Until December 1, 2018, if the employer meets the requirements in former sections 319 and 325:

(a) the requirements in these regulations respecting supplier labels on hazardous products acquired by an employer do not apply to an employer;

(b) the requirements in these regulations respecting supplier safety data sheets received by an employer do not apply to an employer; and

(c) former sections 319 and 325 continue to apply to the employer.

(3) Until December 1, 2018, if the employer meets the requirements in former sections 320, 321 and 326:

(a) the requirements in these regulations respecting workplace labels on hazardous products do not apply to an employer;

(b) the requirements in these regulations respecting employer safety data sheets prepared by an employer do not apply to an employer; and

(c) former sections 320, 321 and 326 continue to apply to the employer.

(4) Until December 1, 2018, if the employer meets the requirements in former sections 319, 324 and either former section 325 or 326:

(a) the requirements in these regulations respecting supplier labels on hazardous products acquired by an employer do not apply to an employer;

(b) the requirements in these regulations respecting laboratory labels on hazardous products acquired by an employer do not apply to an employer;

(c) the requirements in these regulations respecting supplier safety data sheets received by an employer do not apply to an employer;

(d) the requirements in these regulations respecting employer safety data sheets prepared by an employer do not apply to an employer; and

(e) former sections 319, 324 and either former section 325 or 326 continue to apply to the employer.

HAZARDOUS PRODUCTS ACT
R.S.C. 1985, c. H-3

Section 2 Definitions

2. In this Act,

"advertise" Repealed. [S.C. 2010, c. 21, s. 72]

"analyst" means an individual designated as an analyst under subsection 21(1);

"container" includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank;

"controlled product" Repealed. [S.C. 2010, c. 21, s. 72]

"controlled product" or "hazardous product" Repealed. [S.C. 2014, c. 20, s. 111]

"document" means anything on which information that is capable of being understood by an individual or being read by a computer or other device is recorded or marked;

"hazardous product" Repealed. [S.C. 2010, c. 21, s. 72]

"hazardous product" means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2;

"import" means to import into Canada;

"inspector" means an individual designated as an inspector under subsection 21(1);

"label" means a group of written, printed or graphic information elements that relate to a hazardous product, which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;

"manufactured article" means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product;

"Minister" means the Minister of Health;

"mixture" means a combination of, or a solution that is composed of, two or more ingredients that, when they are combined, do not react with each other, but excludes any such combination or solution that is a substance;

"person" means an individual or an organization as defined in section 2 of the Criminal Code;

"prescribed", for the purposes of Part II, means prescribed by regulations made under subsection 15(1), and, for the purposes of Part III, means prescribed by regulations made under section 27;

"prohibited product" Repealed. [S.C. 2010, c. 21, s. 72]

"restricted product" Repealed. [S.C. 2010, c. 21, s. 72]

"review officer" means an individual designated as a review officer under section 26.2;

"safety data sheet" means a document that contains, under the headings that, by virtue of the regulations made under subsection 15(1), are required to appear in the document, information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product in a work place;

"sell" includes

(a) offer for sale or distribution, expose for sale or distribution, have in possession for sale or distribution or distribute  -  whether for consideration or not  -  to one or more recipients, and

(b) make any transfer of possession that creates a bailment or, in Quebec, make any transfer of possession of a movable, for a specific purpose, without transferring ownership, and with the obligation to deliver the movable to a specified person or to return it, such as a transfer by means of a deposit, a lease, a pledge, a loan for use or a contract of carriage;

"substance" means any chemical element or chemical compound  -  that is in its natural state or that is obtained by a production process  - whether alone or together with

(a) any additive that is necessary to preserve the stability of the chemical element or chemical compound,

(b) any solvent that is necessary to preserve the stability or composition of the chemical element or chemical compound, or

(c) any impurity that is derived from the production process;

"supplier" means a person who, in the course of business, sells or imports a hazardous product;

"work place" has the meaning assigned by regulations made under subsection 15(1).

[R.S., 1985, c. 24 (3rd Supp.), s. 1; 1996, c. 8, s. 25; 2010, c. 21, s. 72; 2014, c. 20, s. 111]

[Part I Repealed. S.C. 2010, c. 21, s. 73]

[R.S., 1985, c. 24 (3rd Supp.), s. 1; 1985, c. 15 (4th Supp.), s. 9; 1989, c. 7, s. 2; 1996, c. 8, s. 26; 1997, c. 9, s. 104; 2002, c. 28, s. 85; 2004, c. 9, s. 1, 2, c. 15, s. 67; 2010, c. 21, s. 73]

Part II HAZARDOUS PRODUCTS

Section 13 Prohibition re sale

13. (1) Subject to the Hazardous Materials Information Review Act, , no supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada unless

(a) the supplier has in their possession a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1);

(a.1) on the sale of the hazardous product to any person or government, the supplier provides to the person or government the safety data sheet referred to in paragraph (a), or causes it to be provided, if on that sale the person or government acquires possession or ownership of that hazardous product; and

(b) the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

(2) In this section, "government" means any of the following or their institutions:

(a) the federal government;

(b) a corporation named in Schedule III to the Financial Administration Act;

(c) a provincial government or a public body established under an Act of the legislature of a province; and

(d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act.

[R.S., 1985, c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 114]

Hazardous Products Regulations
SOR/2015-17

Part 5 EXCEPTIONS

Section 5 Definition of "laboratory sample"

5. (1) In this section, "laboratory sample" means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory, but does not include a sample that is to be used

(a) by the laboratory for testing other products, mixtures, materials or substances; or

(b) for educational or demonstration purposes.

(2) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category "Biohazardous Infectious Materials - Category 1" is exempt from the application of paragraphs 13(1)(a) and (a.1) and 14(a) of the Act.

(3) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is classified only in the category "Biohazardous Infectious Materials - Category 1", is exempt from the application of section 13 of the Act.

(4) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, if that laboratory sample is one of the following types, is exempt from the application of paragraphs 13(1)(a) and (a.1) of the Act:

(a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

(b) a laboratory sample for which the supplier has not offered or exposed the hazardous product for transfer of ownership.

(5) Subject to subsection (3), the sale or importation of a laboratory sample that is classified only in the category "Biohazardous Infectious Materials - Category 1" is exempt from the application of paragraph 3(1)(d) if the label provides the chemical name or generic chemical name of any material that is in the hazardous product and that is classified as a biohazardous infectious material, if known by the supplier, and the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez", followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product.

(6) The transfer of possession of a laboratory sample for a specific purpose, without transferring ownership, is exempt from the application of paragraphs 3(1)(c) and (d) if the label provides the chemical name or generic chemical name of any material or substance that is in the hazardous product and that is referred to in subsection 3(2) of Schedule 1, if known by the supplier, and the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez", followed by an emergency telephone number for the purpose of obtaining the information that must be provided on the safety data sheet of the hazardous product, and if that laboratory sample is one of the following types:

(a) a laboratory sample for which the chemical name and concentration of the hazardous product or its ingredients are not known; or

(b) a laboratory sample in respect of which the supplier has not offered or exposed the hazardous product for transfer of ownership.

Section 5.4 Small-capacity containers - 100 ml or less

5.4. (1) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 100 ml, including any subsequent container of the same capacity in which that first container is packaged, is exempt from the application of paragraph 3(1)(c) and subparagraph 3(1)(d)(i) or (ii) in respect of the requirement to provide any precautionary statement or hazard statement on the label of the hazardous product or the container.

(2) The sale or importation of a hazardous product in a container that has a capacity of less than or equal to 3 ml is exempt from the application of section 3.5 in respect of normal conditions of use if the label interferes with the normal use of the hazardous product.

Section 5.7 Definitions

5.7. (1) The following definitions apply in this section.

"first supplier" means a supplier who is exempted from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act, by virtue of that Act.

"subsequent supplier" means a supplier who sells or imports a hazardous product that is the subject of an exemption granted to the first supplier from the requirement to disclose the information specified in subsection 11(1) of the Hazardous Materials Information Review Act.

(2) If any information is the subject of an exemption under the Hazardous Materials Information Review Act, the information must be replaced by the information required under subsection (3) or (4).

(3) A supplier who, under subsection 11(1) of the Hazardous Materials Information Review Act, files a claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or on a label must, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged a statement that a claim was filed, the date that the claim was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act until

(a) in the case that an order was issued by a screening officer under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act, the end of the period that begins on the final disposition of the proceedings in relation to the claim for exemption and does not exceed the period specified in the order, as the word "proceedings" is defined in subsection 19(3) of the Hazardous Materials Information Review Act; or

(b) in any other case, the end of the period not exceeding 30 days after the final disposition of the proceedings in relation to the claim for exemption, as the word "proceedings" is defined in subsection 19(3) of the Hazardous Materials Information Review Act.

(4) A supplier who receives notice of a decision made under the Hazardous Materials Information Review Act that their claim or a portion of their claim for exemption from a requirement to disclose information in respect of a hazardous product on a safety data sheet or a label is valid must, during the period beginning no later than the end of the applicable period specified in subsection (3) and on compliance with any order issued under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act, if applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product, provide on the safety data sheet and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged the following information:

(a) a statement that an exemption has been granted;

(b) the date of the decision granting the exemption; and

(c) the registry number assigned to the claim under the Hazardous Materials Information Review Act.

(5) The sale or importation of a hazardous product is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1 and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if it is the subject of a claim for exemption under paragraph 11(1)(a) of the Hazardous Materials Information Review Act and if the generic chemical name of the material, substance or ingredient is provided for item 3 of the safety data sheet.

(6) Paragraph 3(2)(d) of Schedule 1 does not apply in respect of a hazardous product that is the subject of a claim for exemption under subparagraph 11(1)(b)(iii) of the Hazardous Materials Information Review Act.

(7) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirements set out in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule, if

(a) the first supplier is exempt from those requirements;

(b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

(c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(1)(a) or (2)(a) of Schedule 1, and, if the information is available and applicable, in paragraphs 3(1)(b) to (d) or 2(b) and (c) of that Schedule,

(i) the information referred to in subsection (3) or (4) in respect of,

(A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

(B) in any other case, the exemption of the first supplier, with the words "other supplier/autre fournisseur" in parentheses after that information, and

(ii) the generic chemical name of the material, substance or ingredient as provided by the first supplier.

(8) The sale or importation of a hazardous product by a subsequent supplier is exempt from the application of paragraph 4(1)(b) in respect of the requirement set out in paragraph 3(2)(d) of Schedule 1, if

(a) the first supplier is exempt from that requirement;

(b) the information is unknown to the subsequent supplier, or the information is known to the subsequent supplier but the subsequent supplier has obtained the information in confidence, express or implied, and is obligated, expressly or implicitly, by contract or a relationship based on trust and confidence, or otherwise by law or equity, to maintain the confidentiality of the information; and

(c) the safety data sheet for the hazardous product that the subsequent supplier provides on the sale, or obtains or prepares on the importation, provides in lieu of the information referred to in paragraph 3(2)(d) of Schedule 1

(i) the information referred to in subsection (3) or (4) in respect of,

(A) if the subsequent supplier is exempted from the requirement to provide information that could be used to identify the first supplier, that exemption, or

(B) in any other case, the exemption of the first supplier, with the words "other supplier/autre fournisseur" in parentheses after that information, and

(ii) subject to section 4.5, the concentration of the first supplier’s hazardous product that is in the subsequent supplier’s hazardous product.

(9) Paragraph 3(1)(a) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(a) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose the product identifier of a hazardous product if the label provides a code name or code number specified by the supplier and

(a) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act; or

(b) if the information referred to in paragraph (a) is not available, the information required to be provided under the laws of the province.

(10) Paragraph 3(1)(b) and the requirement in paragraph 4(1)(b) in relation to paragraph 1(d) of Schedule 1, if the information is available and applicable, do not apply in respect of the sale of a hazardous product to an employer who is exempt under the Hazardous Materials Information Review Act or under the laws of a province from the requirement to disclose any information that could be used to identify the supplier of the hazardous product if that information is replaced by

(a) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under the Hazardous Materials Information Review Act; or

(b) if the information referred to in paragraph (a) is not available, the information required to be provided under the laws of the province.

(11) The sale of a hazardous product to an employer is exempt from the requirement to disclose information on the safety data sheet that could be the subject of a claim for exemption under subsection 11(2) of the Hazardous Materials Information Review Act if

(a) the employer is exempt, under that Act or the laws of a province, from the requirement to disclose that information in respect of the hazardous product; and

(b) the safety data sheet of the hazardous product provided in respect of that sale provides in lieu of that information

(i) if available, the information referred to in subsection (3) or (4) in respect of the employer’s claim for exemption under that Act, or

(ii) if the information referred to in subparagraph (i) is not available, an emergency telephone number of the employer that will enable a health professional to obtain any information referred to in subsection 4(1) that is in the possession of the employer for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.