ARCHIVED - Hazardous Materials Information Review Commission - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Section II – Analysis of Program Activity by Strategic Outcome

Strategic Outcome

Trade secret exemptions are provided in a way that balances the right of industry to protect their confidential business information with the right of workers to receive accurate information concerning the health and safety hazards posed by chemicals in the workplace.

Program Activity by Strategic Outcome

Program Activity: Claims Exemption Process

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
5,555	5,986	5,845	54	49	5

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Claimants are able to sell their products without disclosing confidential business information within an appropriate amount of time	Percentage of claims registered within 7 days	100%	Met all	100%
Workers are provided with corrected health and safety information within an appropriate amount of time	Percentage of claims for which the elapsed time between the registration of the claim and the issuance of the decision and order in within the target period	90% within 365 days	Not met	42% 4
Disputes are resolved prior to appeal	Percentage of disputes resolved prior to appeal	100%	Met all	100%

⁴ 42% is due to a backlog of claims that is on target to be eliminated by 31 March 2011.

Benefits for Canadians

Canada's public health system exists to safeguard and improve the health of Canadians. The responsibility for public health is spread across the federal, provincial and territorial governments. Occupational health and safety programs, including WHMIS, are an essential part of the Canadian public health system. As part of WHMIS, the Commission provides the trade secret exemption mechanism on behalf of the federal, provincial and territorial governments, including the related occupational health and safety aspects in order to protect Canadian workers. It does this by assessing and addressing the hazards of chemicals used in the workplace, by innovation in translating its knowledge of hazard classification and communication, by ensuring compliance with public standards across jurisdictions, and by fostering mutual support and cooperation among key stakeholders. Through these activities HMIRC enhances public health and safety and the autonomy of citizens to make informed health and safety choices, which contributes to the achievement of the Government of Canada strategic outcome of "Healthy Canadians". The Commission's work also supports the Government of Canada's strategic outcome of a "Fair and Secure Marketplace" by promoting intellectual property rights, and economic growth and prosperity. This outcome ensures the marketplace continues to foster competitive conditions in order to attract investment, encourage innovation, and protect the public interest. The Commission enhances competitiveness by protecting trade secrets in the chemical industry.

Performance Analysis

The Commission's Program Activity, the Claim Exemption Process, surpassed the targeted reduction in backlog claims. The backlog was reduced by 137 to a remainder of 120 claims and represents an accumulated reduction of 76.6% to date (See Table 2 and Figure 1). Eliminating the backlog will significantly reduce the time between registering a claim and issuing a decision, providing workers access to corrected health and safety information faster.

In 2009-2010 the program repeated last year's success in registering 100% of claims within 7 days. In addition, the Commission's review of claim validity and MSDS compliance showed increased efficiency with 42% of reviews completed within 365 days. With the elimination of the backlog of claims in 2010-2011, the Commission anticipates significant future efficiencies in this area.

Over time the Program Activity will gradually reflect the benefits of several initiatives that have been or are in the process of being implemented. A case in point is the new streamlined claim process based on amendments to HMIRC legislation for which the first claims to make it through the entire process are just now reaching completion. Other initiatives that will contribute to improved results include electronic tools and the revised screening manual.

Table 2

Backlog Elimination - Year 2 of 3

Backlog of Claims at March 31, 2008	512
Backlog of Claims at March 31, 2010	120
Backlog Reduction (%)	392 (76.6%)

Figure 1

[D]

The Commission processes claims on a priority basis, using criteria such as the nature of the hazard present. This supports the goal of delivering important, necessary health and safety information to Canadian workers as fast as possible while protecting the chemical industry's confidential business information. In 2009-2010, high-priority claims represented 51% of total claims processed. A review of identified MSDS violations indicates the type and percentage of errors that were identified and subsequently corrected in order to reach the workplace without delay (See Table 3). Corrections made to accurately reflect hazard information on an MSDS can have significant correlation and application to other MSDSs prepared by the same claimant; the Commission would like to more actively promote this use of its scientific expertise in the future.

Table 3

Number and Percentage of MSDS Violations corrected in 2009-2010

Violations Category	Number of Violations in 2009-2010	Percentage
Toxicological Properties	274	25.3
Hazardous Ingredients	254	23.4
Headings/Format, etc.	160	14.8
First Aid Measures	148	13.6
Physical Data	63	5.8
Fire or Explosion Hazard	46	4.2
Hazard Classification	42	3.9
Preparation Information	38	3.5
Reactivity Data	29	2.7
Product Information	22	2.0
Preventive Measures	9	0.8
Total	1085	100
Number of claims	257
Average number of violations per claim	4.2

Lessons Learned

During 2009-2010 the Commission has been intensely engaged in the development of an integrated plan to align strategic and operational plans. This plan reflects the three renewed strategic directions defined and endorsed by the Commission's Council of Governors in October 2009 that emphasize 1) proactive compliance, 2) knowledge translation and dissemination, and 3) strategic partnerships. One of the intentions of these strategic directions is to exploit HMIRC's unique knowledge and expertise regarding hazard communications through outreach and partnerships.

Other key organizational tools under development in conjunction with the integrated plan are: 1) a Logic Model, a chart displaying the horizontal and vertical relationships between Commission activities, strategies and target group, and 2) an Evaluation Framework, which will respond to a key recommendation in the last Treasury Board MAF assessment. An HR Strategy has already been developed to address key staffing issues such as recruitment, retention and training especially in the context of a small agency with limited resources and opportunities for career development, as well as the significant number of staff who are eligible for retirement. Consideration will be given to identifying key positions and succession planning, as well as training, mentoring, coaching and job rotation to ensure continuity in leadership, management and day-to-day operations.

A number of electronic initiatives have been undertaken to facilitate claim registration and review. This is a move towards the use of digitized resources whenever possible which, in turn, will contribute to more efficient service delivery. It also supports the goal of increased proactive compliance on the part of claimants who will have more tools available to them on the Commission's website.

• Previous Page
• Table of Contents
• Next Page