Consumer Product Labels

LABELS, LABELS, LABELS

By William Glenn

Not all hazard labels are created equal. How should you handle hazardous materials that are packaged and sold under consumer product legislation?

Members of your joint health and safety committee wants to know why there’s no material safety data sheet for the floor cleaner they found in the janitor’s closet on their last inspection. And someone else wanted to know why the bleach under the sink in the coffee room has a different hazard symbol than exactly the same stuff when it’s used in the plant. And do you really need to get a WHMIS label for the pressurized cylinder -- okay, spray can -- full of room deodorant?

A properly worded label on a properly designed package is one of the foundations of health protection. The label should tell you what a product is, or what’s in it. It should warn you if it’s dangerous. It should describe the possible health and safety problems. It should tell you how to handle, use and store the product safely. And it should list first aid and emergency response procedures in case something goes wrong.

That much is pretty obvious and pretty standard. And it’s also required by law; or, to be more accurate, it’s required by half a dozen different laws, each with its attending regulations and schedules, each with its own area of application and each with its maddening variations, exceptions and slightly differing standards.

First there’s WHMIS, the workplace hazardous materials information system, that covers most hazardous products used in the workplace, and that we’re all pretty familiar with. (See "WHMIS from A to Z", August/September, 1998, pp. 44-54.)

Of course, there’s TDG, or the transportation of dangerous goods regulations that cover hazardous materials while they are being transported. (See "It’s Your Job to Know this Stuff", March, 2000, pp. 44-58.)

And then there’s the CCCR, which is not a 1960s rock-and-roll band, but the Consumer Chemicals and Containers Regulations. It’s the one that covers all the hazardous materials that anyone can buy at the supermarket or hardware store.

Plus there are several more specialized pieces of legislation that cover certain specific products:

* explosives, which are covered by the Explosives Act;

* cosmetics, devices, drugs or food, covered by the Food and Drugs Act;

* pesticides, which come under the Pest Control Products Act; and

* radioactive products that are regulated by the Atomic Energy Control Act.

Each of these regulatory regimes applies either to certain hazardous products, or to hazardous products under certain circumstances. These different sets of regulations sometimes overlap, such as when a "consumer" product is used in the workplace, and that’s where the confusion starts.

HAZARDOUS PRODUCTS ACT

The statutory mandate for the WHMIS and consumer product warning labels is contained in the Hazardous Products Act, an omnibus piece of federal legislation that was designed to ensure that products do not present a danger to the health and safety of the general public. The act, administered by the Product Safety Branch of Health Canada, can be used to ban especially dangerous products from the marketplace, set performance standards for specific products and require the use of mandatory warning labels. (See their website for a full description of programs they offer at www.hc-sc.gc.ca/ehp/ehd/psb/).

The scope of the Hazardous Products Act includes, among other things, the following:

* consumer products that are poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing or reactive; and

* similarly defined hazardous materials when they are used in the workplace, which fall under WHMIS.

The Hazardous Products Act establishes two separate but complementary sets of labeling requirements: The details of the consumer products can be found in the CCCR, while the workplace stuff is part of WHMIS as set forth in the Controlled Products Regulations. Both these sets of regs were promulgated under the act back in 1988, with the CCCR since then replacing its predecessor, the Hazardous Products (Hazardous Substances) Regulations.

CONSUMER REGULATIONS

The CCCR utilizes an assortment of "signal words", hazard statements and familiar pictograms to warn consumers about possible hazards to their lives and health. An inspection of any laundry room, garage, workshop or kitchen should reveal all four of the standardized warning signs:

* the skeletal hand in the vat of acid which marks a corrosive;

* the skull and crossbones for use on toxic products;

* the little exploding ball on things that tend to go boom;

* and the open flame that goes on flammables.

The shape of the border around the current warning signs is meant to convey some idea on the magnitude of the threat.

* The octagonal "stop" sign means DANGER and is reserved for the most hazardous products, the kind that could kill you if misused.

* The "go-slow" diamond shape means WARNING and indicates a product that can cause serious injury.
* The inverted triangle of the "yield sign" means CAUTION and is used on products that could cause a minor injury if misused.

(This provision, which will still be in force for some time to come, will most likely change under amendments to the regulation currently under consideration. Once the changes are in effect, only the octagonal symbol will be used. See "CCCR 2000" page XX.)

The pictograms are augmented by well-defined signal words -- "danger", "caution" or "warning" -- as well as primary and secondary hazard statements which, again, are specified to the letter in the regulations.

The primary hazard statements refer to the most immediate or serious health threat(s) with phrases like "harmful if absorbed through skin" or "extremely corrosive" or "dangerous gas formed when mixed with acid". The secondary hazard statements provide more detail on protective measures, spill cleanup and the like. The regulations also describe the first aid information that must appear on the label in the event the product is swallowed, inhaled or splashed onto the skin or into the user's eyes.

These warnings don't have to appear on all potentially hazardous chemical consumer products -- at least not yet -- just those listed in Part II of Schedule I, under the Hazardous Products Act ("Exemptions List", page XX, and "CCCR 2000", page XX). This schedule inventories a wide range of products that might prove dangerous to the general public -- everything from flammable pajamas to toxic fingerpaints to fragile hockey helmets. Of particular relevance to this discussion, the schedule also includes certain kinds of consumer products containing one or more of the listed chemicals or families of chemicals, as well as products sold in disposable aerosol cans. In turn, the regulations contain exemptions for small containers and products containing less that the prescribed minimum concentration of the listed chemical(s).

This selective listing system is plagued by major omissions and odd discrepancies. For example, adhesives, cleaning solvents, thinning agents and dyes containing acetone must carry the appropriate warnings and be packaged in child-resistant containers. However, a bottle of pure acetone is exempt. An adhesive containing toluene is covered, while one containing xylene or methyl ethyl ketone is not. Antifreeze containing ethylene glycol is in, but de-icing agents containing the same chemical are excluded.

CONTROLLED PRODUCTS

Since 1988, WHMIS has been used to warn workers about the hazards of most of the dangerous chemicals found on the job. Together with safety training and the provision of material safety data sheets, the cautionary labeling of hazardous products is one of the key components of this right-to-know program.

The nuts and bolts of WHMIS are contained in the Controlled Products Regulations and the Ingredient Disclosure List promulgated under the Hazardous Products Act, and clarified in a series of information bulletins and other support material.

WHMIS doesn't apply to every hazardous material that might be handled, stored or used in the workplace. When WHMIS came into effect on October 31, 1988, certain categories of products were excluded from the program, in many cases because similar warning labels and/or precautionary information was already required under the relevant pieces of legislation that governed the particular product class. The excluded products, listed in Section 12 of the Hazardous Products Act, are as follows:

* explosives within the meaning of the Explosives Act;

* cosmetics, devices, drugs or food within the meaning of the Food and Drugs Act;

* control products within the meaning of the Pest Control Products Act;

* prescribed substances within the meaning of the Atomic Energy Control Act;

* hazardous waste;

* wood, or products made of wood;

* tobacco, or products made of tobacco;

* manufactured articles; and

* products, materials or substances included in Part II of Schedule I of the Hazardous Products Act and packaged as consumer products.

(There are also slightly relaxed WHMIS labeling requirements for laboratory materials, as well as containers holding less than 100 millilitres of a controlled product.)

The products, materials or substances in Part II of Schedule I are subject (in most cases) to the cautionary labeling and child-proof packaging requirements of the Consumer Chemicals and Containers Regulations (CCCR). It should be noted that the CCCR incorporates a number of minimum concentration cut-offs for the various hazardous constituents listed in Schedule I; consumer products containing less that the prescribed concentration would not have to carry the consumer warnings nor, presumably, a WHMIS label. Labeling under the CCCR is not a condition of the exemption.

According to WHMIS Information Bulletin #2 (dated July 27, 1988), the term "packaged as a consumer product" means, first, a product that any member of the general public could purchase from a retail store for personal use and, second, one that meets the applicable requirements of the Consumer Packaging and Labeling Act, the CCCR, and any other labeling and packaging requirements for consumer products. (Note that the Hazardous Products Act doesn't actually reference the CCCR specifically, but rather its predecessor, the Hazardous Products (Hazardous Substances) Regulations. They haven’t amended the name yet.)

This means that if a product included in Part II of Schedule I is being sold to both retail and industrial accounts "in the exact same consumer package", only the labeling mandated by the applicable consumer legislation is required on the product. The WHMIS requirements of the Hazardous Products Act and Controlled Products Regulations are not necessary. The percentage of sales to the general public versus the product's industrial customers is irrelevant.

There are some notable gaps and inconsistencies in the list of consumer chemical products currently regulated under the Hazardous Products Act. While future statutory amendments should plug most of the holes, a number of hazardous consumer products that are not listed in Part II of Schedule I are routinely used today in the workplace. These products are not exempt from the WHMIS labeling requirements. But determining who is responsible for supplying the prescribed WHMIS labels and MSDSs can be confusing.

If a supplier sells to both retail and industrial accounts, he or she must provide the labels and MSDSs, just like it would for any other controlled product. However, if the product is sold exclusively through normal retail outlets, the supplier is generally off the hook so long as he or she complies with the applicable consumer labeling requirements and "intends the product to be sold for use by consumers and not for use in a workplace."

Under this scenario, the onus for compliance is shifted onto the employer. If you walk into a store and buy a consumer product deemed hazardous according to the WHMIS criteria and it is not included in Part II of Schedule I and you intend to use that product in your business then you, the employer, are responsible for producing the requisite WHMIS workplace label and procuring a valid MSDS.

In the early-1990s, a Parliamentary Standing Committee reviewed the various exemptions to the WHMIS regulations and made a series of recommendations that would require the provision of WHMIS-type information, including labels, for most products now excluded from the system. In particular, the Standing Committee on Consumer and Corporate Affairs and Government Operations concluded that "the current exclusion for 'products, materials or substances included in Part II of Schedule I and packaged as a consumer product' and intended for use in a workplace should be removed from the legislation."

Subsequently, Health Canada launched a review of the possible amendments to the Hazardous Products Act and Controlled Products Regulations, with the input of industry, organized labour and the provinces and territories. However, this work has been overshadowed in recent years by international efforts to develop a globally harmonized system for the classification and labeling of chemical products, as well as Health Canada's massive legislative renewal exercise now underway. It looks like moves to simplify and consolidate the current workplace labeling requirements are on hold until the bureaucrats have finished painting the bigger picture.

In the mean time, the bottom line appears to read like this: the employer is responsible for the health and safety of workers, which includes abiding by the spirit of the "right to know" and the letter of the various laws; if consumer products that meet the consumer product labeling requirements are used in the workplace, the CCCR packaging and labeling may be adequate; but, if there is any doubt, the prudent employer will err on the side of caution and provide WHMIS labels, MSDSs and the appropriate training.

William Glenn is associate editor of hazardous materials for OHS Canada.

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EXEMPTIONS LIST

The consumer products listed in Part II of Schedule I of the Hazardous Products Act are exempt from the WHMIS labeling provisions. With some of the legalese wiped away, Part II currently lists 12 categories of products containing various hazardous chemicals that would otherwise be considered controlled products:

* chlorine bleaches and cleansers;

* products containing corrosive chemicals, such as hydrochloric acid or ammonia;

* products containing petroleum distillates including naphtha, mineral spirits or gasoline;

* adhesives, cleaning solvents, thinning agents and dyes containing toluene or acetone;

* fire extinguishing fluids containing any halogenated aliphatic hydrocarbons;

* antifreeze preparations containing ethylene glycol or diethylene glycol;

* products containing turpentine;

* products containing methyl alcohol;

* disposable aerosol cans;

* alkyl cyanoacrylate adhesives;

* pine oils; and

* polishes, cleaning agents, liquid coatings, and paint and varnish removers containing 1,1,2-trichloroethane, 1,2-dichloroethane or chloroform.

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CCCR 2000

Amendments to the 30-year-old CCCR being proposed would level the playing field and dramatically expand the number of consumer products subject to the Hazardous Products Act and its consumer protection regulations.

The current regs apply only to products identified in the act or its regulations. The new reg (which is being referred to as "CCCR 2000") would delete the individual entries for chemical products and replace them with the following, more inclusive, description: "(1) chemical products destined for use by a consumer; (2) containers, including empty containers, destined for use by a consumer to store or dispense chemical products; and (3) pressurized containers, including empty containers, destined for use by a consumer."

A series of physical/chemical criteria and diagnostic tests, similar to those employed in both the WHMIS and the TDG regulations, would be used to classify which products are subject to the CCCR's labeling and packaging requirements. There would be four hazard categories:

* category 1, toxic products;

* category 2, corrosive products;

* category 3, flammable products; and

* category 4, quick skin-bonding adhesives.

Categories one through three are further divided into subcategories. Toxic products are divided into "very toxic", "toxic" and "harmful"; corrosives are divided into "irritant", "corrosive" and "very corrosive"; flammables are divided into "spontaneously conbustible", "very flammable", "flammable" and "combustible".

A fifth category, pressurized containers, relates to container properties only.

There are also a number of new requirements concerning the location and order of warning statements. The information required must be displayed on the container at specific locations and in the following order:

On the main display panel:

* the hazard symbol;

* a signal word; and

* a primary hazard statement.

On any part of the display surface there must be the following:

* a specific hazard statement;

* negative instructions;

* positive instructions; and,

* a first aid statement.

The hazard symbol should be located below the common name or brand name of the consumer chemical and be centered parallel to and near the base of the main display panel. If more than one hazard symbol is necessary, the symbols must appear side by side, parallel to the base of the container. Examples of signal words are EXTREME DANGER, DANGER, and CAUTION. The signal words must appear in capital letters. Primary hazard statements include POISON, FLAMMABLE, CORROSIVE, BONDS SKIN INSTANTLY and CONTENTS UNDER PRESSURE. Specific hazards statements include phrases such as CONTENTS MAY CATCH FIRE and CONTAINER MAY EXPLODE IF HEATED.

Negative instructions are ones that tell the user what not to do. "Do not smoke" and "Do not get in eyes, mouth or skin" are examples. "Keep out of reach of children" and "Store away from heat" are examples of positive instructions; they tell the user what to do.

The first aid instructions follow the negative and positive instructions. These instructions will be different for each product but the title, FIRST AID INSTRUCTIONS, must be clear and in capital letters.

The process for determining the correct labeling has been simplified; once the appropriate hazard categories and exposure routes have been identified, the required label information can be gleaned from the series of table in the proposed regs.

According to the proposed text, the diamond-shaped and triangular pictograms are being retired in favour of the more arresting octagonal border that would then appear on all designated products. There are also a number of technical refinements concerned with the legibility and durability, print type and contrast, and other design concerns.

The proposed amendments were published December 11th, 1999, in the Canada Gazette Part I. The final date for submissions closed March 10, 2000; it's not certain when the revised regs will be published and promulgated. When the new regulation comes into effect, probably later this year, there will be a two-year phase-in period during which manufacturers and suppliers can use up old stock and convert to the new requirements.

Neither the Hazardous Products Act nor the current regulations explicitly defines a "consumer" or a "consumer product". However, CCCR 2000 devotes some considerable space and detail to specifying just what constitutes a "consumer chemical product".

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