Mr. Speaker, I am pleased to say a few words today on Bill S-2, concerning certain aspects of the disclosure and handling of hazardous materials in the workplace.
The bill sets out how confidential business information or trade secrets are to be accommodated under the Workplace Hazardous Materials Information System. This system is used nationwide to inform employers and employees about hazardous materials in the workplace.
The bill before us today proposes to change the Hazardous Materials Information Review Act in three main areas.
The information system was jointly developed by industry, labour, federal, provincial and territorial governments. It was enacted through several pieces of federal legislation and in the provinces through their occupational health and safety legislation.
This system requires the manufacturers, importers and distributors of hazardous materials to provide information on the risks associated with these problems. They must also provide those who work with controlled products with instructions on handling the products in a variety of areas, including their usage, storage, transportation and disposal.
It also provides instructions about the appropriate course of first aid treatment in the event that contamination occurs.
This information is placed on a product's mandatory material safety data sheet or label. The data sheets are used in required workplace safety training programs for the employees and the sheets must be updated every three years or when a change occurs.
As all members of the House would agree, the safety of individuals in the workplace is of prime concern. It is also important to uphold the right of manufacturers to protect the confidentiality of their proprietary chemical formulas from their competitors.
The current process, under the Hazardous Materials Information Review Act, provides a process by which manufacturers can prove their compliance with the law and make safety information available to workers while, at the same time, protecting the privacy of their business information.
Under the current system, suppliers and employers may file a claim, under the Hazardous Materials Information Review Commission, to exempt the disclosure of a chemical's identity, to exempt the concentration of an ingredient of a controlled product, and to exempt the name of a study which identifies any ingredient of a controlled product. The commission then decides if the claim is valid.
Bill S-2 seeks to amend the existing legislation in three main areas. First, it would change the information that must be provided by a manufacturer or an employer to substantiate a disclosure exemption claim. Currently, claimants must provide a full economic justification for such claims based on their private business information.
This bill would change the legislation to state that an exemption claim can contain a declaration stating that the information provided is confidential business information and that it will be provided upon request. An exemption claim must also contain a summary of the information supporting that claim and it must be accompanied by a material safety data sheet.
A screening officer with the Hazardous Materials Information Review Commission may ask the claimant to provide the information if an affected party makes a written representation relating to the claim or if the information must be verified.
The second amendment would add a new section to this act to deal with the authority of screening officers and what are known as undertakings. If a screening officer determines that a material safety data sheet related to an exemption claim does not comply with the Hazardous Products Act, or even with the Canada Labour Code, he or she may send an undertaking to the claimant. It would set out the measures required for compliance, within a specific period of time, without requiring that the claimant disclose its confidential business information.
The bill lays out the specific procedure to be followed if the claimant agrees to follow the measures that would enable it to comply with the law. However, if the screening officer is not satisfied that the claimant has taken the necessary measures, within the specified time period, he or she may issue an order to comply with the Hazardous Products Act or the Canada Labour Code.
The chief screening officer publishes decisions and orders relating to the exemption claims and compliance orders in the Canada Gazette.
Third, this bill would change the act to allow claimants and affected parties to appeal these decisions and appeal these compliance orders. The current legislation does not allow any participation by the commission in the appeals process. A screening officer's record of the undertaking and any clarifications made by the commission would be added to the basis upon which an appeal board will hear an appeal. An appeal board may dispose of an appeal either by dismissing it or by allowing it with an appropriate order.
The changes to the act contemplated in this bill have the support of business, labour and the regulatory authorities. It seems to be a sensible approach to streamlining the process while safeguarding the interests of workers and the producers of hazardous materials.
I believe the bill has the support of all parties in the House and I too am pleased to offer my endorsement.