New HMIRA Amendments Balance Worker Safety and Trade Secrets
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Omar Ha-Redeye covered the new amendments to the Hazardous Materials Information Review Act (HMIRA) for the 2009 Explosion Protection & Hazardous Locations Conference in Calgary. The event was for the oil & gas, mining, processing and utilities industries. Materials are available from IDC Technologies, or online via SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1527588
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New HMIRA Amendments Balance Worker Safety and Trade Secrets
- 1. What Haz the New HMIRA Done, and Why Does it Mat? Omar Ha-Redeye AAS, BHA(Hons.), CNMT, RT(N)(ARRT), J.D. Candidate Ha-Redeye Development Inc.
- 9. Part 2 – New Amendments
- 17. Part 3 – The Future
Editor's Notes
- http://www.parl.gc.ca/39/1/parlbus/commbus/senate/Com-e/soci-e/03ev-e.htm?Language=E&Parl=39&Ses=1&comm_id=47 This bill would ensure that workers would receive information in a timely manner because instead of having to go through the Canada Gazette , one could make a voluntary undertaking.
- http://www.parl.gc.ca/39/1/parlbus/commbus/senate/Com-e/soci-e/03ev-e.htm?Language=E&Parl=39&Ses=1&comm_id=47
- http://www2.parl.gc.ca/HousePublications/GetWebOptionsCallBack.aspx?SourceSystem=PRISM&ResourceType=Affiliation&ResourceID=78439&language=1&DisplayMode=2
- http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=2648265&Language=E&Mode=1&Parl=39&Ses=1#TOC-TS-1615
- http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=39&Ses=1&DocId=2401737&File=0#Int-1693618
- The report The report identifies the main goal as the improvement of the claims exemption process and reduction of the two-year backlog of claims. This can be achieved by focusing on four departmental priorities: 1. Efficient client service delivery The Commission aims to continually improve the claims processing so there is less delay and employers and workers can access Material Safety Data Sheets as soon as possible. Less delay means less risk to workers in the workplace. The challenges faced by the Commission include the increase in the number and the complexity of the claims, the short staff of qualified scientific personnel, and the lack of resources to achieve important goals. The claims exemption process can be ameliorated with these initiatives: The development of an integrated data management system to ensure easy access by the Commission staff to all documents relevant to the claim; The development and application of new tools for evaluators and screening officers (such as electronic templates and guidance manuals); and An aggressive human resources strategy involving recruitment, training, development, and retention components to maintain a stable workforce. In addition, the Commission is exploring new strategies for acquiring the resources necessary to develop and implement these initiatives. 2. Management excellence The goal is to continue to integrate strategic and business planning with human resource planning. This can be accomplished by working with the other Health Portfolio partners (Health Canada, Public Health Agency of Canada, Canadian Institutes of Health Research, Patented Medicine Prices Review Board, and Assisted Human Reproduction Canada), particularly Health Canada, on management issues. The Commission will improve program management by enhancing the tools and practices to provide timely monitoring and reporting. 3. Modernized legislation In March of 2007, Bill S-2, the Hazardous Materials Information Review Act, received Royal Assent. As a result, there will be a reduction in the amount of time required to review claims for exemption from disclosure of confidential information, an expedition of the correction of information workers need in order to handle hazardous materials safely, and an improvement and expedition in the appeals process. Regulations that accompany the Act will follow likely in the fall of 2008, such that both the legislation and regulations can take effect. The Commission is also working on amending the Hazardous Products Act to separate the legislation governing consumer products from the legislation governing Workplace Hazardous Materials Information System requirements. 4. International harmonization In addition, the Commission is working on the strategy for the Globally Harmonized System for the Classification and Labelling of Chemicals. It is a United Nations initiative to harmonize approaches to the classification and labelling of chemicals worldwide. The Commission is working with various governmental departments and agencies on the initiative. Moreover, the Commission will attempt to be responsive to any upcoming changes and to maintain an international presence. To view the report, go to www.tbs-sct.gc.ca/rpp/2008-2009/inst/mhi/mhi-eng.pdf .
- Government of Canada. Paperwork Burden Reduction Initiative . Available at: http://reducingpaperburden.gc.ca/eic/site/pbri-iafp.nsf/eng/Home
- http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=39&Ses=1&DocId=2401737&File=0#TOC-TS-1710 http://en.wikipedia.org/wiki/Rotterdam_Convention
- [1] [2003] 2 S.C.R. 624; 2003 SCC 58 at para. 24. [2] 2008 SCC 64 at para. 80. http://www2.parl.gc.ca/HousePublications/GetWebOptionsCallBack.aspx?SourceSystem=PRISM&ResourceType=Affiliation&ResourceID=78495&language=1&DisplayMode=2