WHMIS Class D - Division 2: Materials Causing Other Toxic Effects, Subdivision B: Toxic Material

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WHMIS - Class D - Division 2: Materials Causing Other Toxic Effects, Subdivision B (Sections 59-63)

The legal text of the regulations in sections 59-63 follows below:


CPR: Section 59: Pure Substances and Tested Mixtures - Chronic Toxic Effects

A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if, in an animal assay for chronic toxic effects, it elicits a response of sufficient severity to threaten life or cause serious permanent impairment in a statistically significant proportion of the test population at


  • (a) a dose of more than 10 but not exceeding 100 milligrams per kilogram of body weight of the animal per day, when tested in accordance with


    • (i) OECD Test Guideline No. 408, “Subchronic Oral Toxicity — Rodent: 90-day”, dated May 12, 1981,


    • (ii) OECD Test Guideline No. 409, “Subchronic Oral Toxicity — Non-Rodent: 90-day”, dated May 12, 1981, or


    • (iii) the oral route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981;


  • (b) a dose of more than 20 but not exceeding 200 milligrams per kilogram of body weight of the animal per day, when tested in accordance with


    • (i) OECD Test Guideline No. 411, “Subchronic Dermal Toxicity: 90-day”, dated May 12, 1981, or


    • (ii) the dermal route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981; or


  • (c) a concentration of more than 25 but not exceeding 250 parts per million by volume of gas or vapour, or more than 10 but not exceeding 100 micrograms per litre or more than 10 but not exceeding 100 milligrams per cubic metre, of dust, mist or fume, when tested in accordance with


    • (i) OECD Test Guideline No. 413, “Subchronic Inhalation Toxicity: 90-day”, dated May 12, 1981, or


    • (ii) the inhalation route test in OECD Test Guideline No. 452, “Chronic Toxicity Studies”, dated May 12, 1981.


CPR: Section 60: Skin or Eye Irritation

A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if, in an animal assay,


  • (a) it causes an effect graded at a mean of two or more for erythema formation or two or more for edema formation, when tested in accordance with OECD Test Guideline No. 404, “Acute Dermal Irritation/Corrosion”, dated May 12, 1981, as measured at any of the times specified in the test; or


  • (b) it causes an effect graded at a mean of two or more for corneal damage, one or more for iris damage or 2.5 or more for conjunctival swelling or redness, when tested in accordance with OECD Test Guideline No. 405, “Acute Eye Irritation/Corrosion”, dated May 12, 1981, as measured at any of the times specified in the test.


CPR: Section 61: Skin Sensitization

A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if


  • (a) in an animal assay carried out in accordance with OECD Test Guideline No. 406, “Skin Sensitization”, dated May 12, 1981,


    • (i) it produces a response in 30 per cent or more of the test animals, when using one of the techniques incorporating the use of an adjuvant, or


    • (ii) it produces a response in 15 per cent or more of the test animals, when using one of the techniques not incorporating the use of an adjuvant; or


  • (b) evidence shows that it causes skin sensitization in persons following exposure in a work place.


CPR: Section 62: Mutagenicity

A pure substance or tested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if evidence of mutagenicity in mammalian somatic cells in vivo is obtained in a test to assess either gene mutation or chromosomal aberration carried out


  • (a) in accordance with test methods described in the “Introduction to the OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays” published in the Third Addendum to the OECD Guidelines for Testing of Chemicals, dated March 1, 1987; and


  • (b) using testing strategies described in the Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals, dated 1986, published by authority of the Minister of Health and the Minister of the Environment.


CPR: Section 63: Untested Mixtures

An untested mixture falls into Subdivision B of Division 2 of Class D — Poisonous and Infectious Material if it contains a product, material or substance that meets any of the criteria applicable to a pure substance or tested mixture referred to in any of sections 59 to 62 and is present at a concentration of one per cent or more.


WHMIS MSDS Reference Manual - Sections 59-63

Health Canada's WHMIS MSDS reference manual for sections 59-63 is available at: WHMIS Requirements of the HPA and CPR, CPR Sections 59-63. One of the important points they note is as follows:


"Materials which fall within the criteria for skin corrosivity will always also meet the criteria for skin and eye irritation. Classification of such materials into both Class E and D2B involves redundancy for D2B information and possible confusion on the part of users. It was agreed, therefore, that materials meeting criteria for Section 65(b), (d), or (e) (Class E - Corrosive Material) need not also be classified under Section 60. However, materials meeting criteria for Section 65(a) (ie., Metal Corrosives - Class E) which do not meet criteria for Section 65(b), (d), or (e) and do meet Section 60 criteria (Class D2B - Skin and Eye Irritants) will be classified under both Class E and Subdivision D2B; {ref.: PIS No. 78}. It is anticipated that the CPR will, therefore, be amended by replacing the period at the end of paragraph (b) with a semicolon and adding:"


"but not,


"(c) where the effects described in paragraphs (a) and (b) have been shown to be caused solely by physical abrasiveness due to the presence of insoluble particulates;" nor


"(d) where it is a controlled product that meets the criteria referred to in paragraph 65(b), paragraph (d) or paragraph (e)."



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