Hazardous Materials Information Review Commission
www.hmirc-ccrmd.gc.ca
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HMIRC at a Glance
BALANCING BUSINESS COMPETITIVE ADVANTAGE WITH WORKER SAFETY
The Hazardous Materials Information Review Commission (HMIRC) is tasked with balancing the chemical industry’s right to protect confidential business information with the right of employers and workers to be informed about the chemical materials they work with and associated health and safety hazards.
The Commission is an independent agency governed by the Hazardous Materials Information Review Act and its related regulations. Its role is quasi-judicial: HMIRC impartially renders decisions on claims for exemption from the disclosure requirements set out by the Workplace Hazardous Materials Information System (WHMIS), in keeping with the interests of the federal, provincial and territorial governments. WHMIS requires chemical manufacturers, importers, distributors, and employers to produce cautionary labelling for containers of controlled products and to provide a material safety data sheet (MSDS) for every hazardous product produced or used in Canadian workplaces—specifying hazardous ingredients, toxicological properties, worker safety precautions, first-aid treatment, and other considerations. HMIRC is charged with evaluating MSDSs and labels provided by chemical companies that apply for trade secret exemption.
Specifically, HMIRC is responsible for:
- Registering claims for trade secret exemptions and issuing registry numbers
- Adjudicating and issuing decisions on the validity of claims for exemption using prescribed regulatory criteria
- Rendering decisions on the compliance of MSDSs and labels to WHMIS requirements based on sound scientific principles
- Convening independent tripartite boards to hear appeals from claimants or affected parties on decisions and orders
Governance: multijurisdictional representation
The Commission’s governance structure is collaborative: the Council of Governors acts as the central advisory body, providing strategic guidance. The Council’s 18 members represent key stakeholder groups—workers, suppliers, employers, the federal government, and provincial and territorial labour ministries responsible for occupational health and safety organizations.
The Commission’s President and Chief Executive Officer, appointed by the Governor in Council, carries out the mandate as detailed in the Hazardous Materials Information Review Act, strategic plans and policies. The Vice-President of Operations directs the work of the MSDS Compliance and Screening divisions, and the Vice-President of Corporate Services and Adjudication oversees the work of the Corporate Services, Regulatory Affairs and Appeals, and Communications divisions.
Cooperative partnerships
HMIRC works collaboratively and cooperatively with a broad range of WHMIS stakeholders:
- Federal, provincial, and territorial government agencies
- Labour organizations and workers
- Chemical suppliers and employers
ORIGIN of CLAIMS
FIGURE 1
In keeping with the trend of the last five years, US suppliers submitted nearly half of all claims to the Commission in 2007-08, indicating that US firms are as interested as their Canadian counterparts in using this country’s mechanisms to protect their trade secrets.
PERCENTAGE OF NEW AND REFILED CLAIMS
FIGURE 2
The percentage of original-to-refiled claims is 70 percent.
VIOLATIONS PERCENTAGES: TOXICOLOGY, FIRST AID AND HAZARDOUS INGREDIENTS
FIGURE 3
Among the top three MSDS violations, the percentage related to toxicology has always been higher than for hazardous ingredients and first aid. Accurate information on these three components is essential for the protection of worker health and safety.
VIOLATIONS PERCENTAGES: MUTAGENIC, DEVELOPMENTAL, REPRODUCTIVE, AND CARCINOGENIC
FIGURE 4
Violations related to mutagenic and developmental factors have continued to remain high—cause for concern given the potential long-term health implications for women in the workplace.
