The Canadian Chemical Producer's Association Codes of Practice: Distribution

Purpose

The member companies of the Canadian Chemical Producers' Association (CCPA) are committed, as a condition of membership, to the policy of "Responsible Care". This code governs member company actions in meeting the guiding principles of that policy as they relate to all aspects of the distribution of chemicals, chemical products and services. This code applies to member owned and contracted premises.

"Distribution" is defined as all the activities in which member companies are involved in relation to the transfer of chemicals, chemical products and/or services from the source of these chemicals, chemical products and/or services through to the use of these chemicals, chemical products and services, in all geographic jurisdictions. This code is intended to cover activities related to the sale of chemicals, chemical products or services and those involved in moving chemicals, chemical products and services from suppliers for conversion or resale.

Transportation is always a part of distribution, but, because of its importance, is covered by a separate code, namely, the code of practice for the transportation of chemicals and chemical products.

Practice of this code is intended to result in:

* continuous reduction of incidents which can result in or threaten injury to people or damage to the environment during distribution;
* cooperation with the users, manufacturers, distributors, importers, operators of warehouses and terminals, carriers and government agencies, in reducing risks;
* effective emergency distribution incidents which minimizes injury to people and response to any damage to the environment;
* the assurance that the management systems necessary for responsible distribution activities are in place and functioning effectively;
* public and employee confidence in the distribution of chemicals, chemical products and services as a result of the effectiveness of the above.

Guiding Principles

The guiding principles of this code as they reflect those of the "Statement of Policy on Responsible Care" are:

i) distribute chemicals, chemical products and services in a manner which protects people and the environment from hazards;
ii) provide information about the hazards and associated risks of chemicals, chemical products and services distributed to customers, enabling them to use and dispose of these chemicals and chemical products in a responsible manner;
iii) provide information about the hazards and associated risks of distribution activities to employees, other people on site, distributors and resellers, and to those in the community who have an interest;
iv) make Responsible Care an early and integral part of the planning process leading to the introduction of new chemicals, chemical products or services, before actual distribution is allowed to begin;
v) apply this code to existing, modified and new chemicals, chemical products, services, equipment and facilities;
vi) know the laws and regulations concerning distribution of chemicals, chemical products, services and information, and meet or exceed them in letter and in spirit;
vii) be sensitive and responsive to community concerns about the chemical distribution activities;
viii) require, with due diligence, that chemical distribution companies, and other resellers of members' chemicals, chemical products and services meet the minimum standards of this code of practice as it applies to those of their operations which impinge on member companies; require, with due diligence, similar performance on their part with respect to their distributors and other resellers;
ix) require, with due diligence, that suppliers of chemicals, chemical products and services to member companies meet the minimum standards of this code of practice as it applies to those of their operations within Canada which impinge on member companies;
x) work actively, alone or through selected organizations, and, if possible, in consultation with other affected stakeholders, to assist governments in developing public policies, legislation and regulations governing distribution activities.

Code of Practice

1. General
Each member company shall have written policies, standards and procedures which govern all aspects of the distribution of chemicals, chemical products and services. Responsibility shall be clearly defined for generating, implementing, auditing and updating them, and for taking corrective action. These policies, standards and procedures shall meet or exceed all applicable laws and regulations in letter and in spirit.

Chemicals, chemical products and services will not be distributed unless this can be done in accordance with this code.

2. Management of Risk - Employees, Contractors, Customers, Publics and Environment
Each member company shall have an active program designed to continuously improve safety through the reduction of incidents and the protection of people and the environment from hazards through hazard reduction, procedures, education and the use of personal protective equipment. The member company shall:

2.1 identify and evaluate on a regular basis hazards and associated risks related to the storage and handling of chemicals and chemical products whether on owned or contracted premises;
2.2 monitor its safety and health performance as well as the working environment with the objective of identifying and minimizing actual or potential occupational safety and health problems;
2.3 meet the requirements of the community awareness and emergency response code of practice;
2.4 establish written standards for the proper siting of distribution facilities and for the proper ongoing security of these facilities;
2.5 establish written standards and procedures for bulk and packaged storage, including spill containment; proper product segregation; packaging and labelling of chemicals and chemical products in liquid, solid or gaseous form and vehicles used;
2.6 provide member company and contract employees with information about the hazards and risks associated with distribution activities, and training in the handling of chemicals and chemical products, including the cleaning of tanks and drums; the proper management of associated waste and empty containers; the transfer of goods from one container to another, including bulk to smaller containers; and, the packaging of chemicals and chemical products;
2.7 provide emergency support related to incidents involving member company chemicals, chemical products and services. This support shall be consistent with the code of practice for community awareness and emergency response (CAER) and follow the transportation code of practice;
2.8 audit and update the components of this program on a regular basis.

3. Communication of Information
Each member company shall have written procedures in place to:

3.1 obtain, understand, and then provide up-to-date material safety data sheets (MSDS) to the customer's designated representative preceding (or at least accompanying) initial shipment of all chemicals and chemical products, including commercial samples;
3.2 provide information on management of waste material and empty containers, which is to be carried out in keeping with the MSDS information and adhere to the codes of practice for waste management and transportation;
3.3 provide to the customer that information which the member believes to be vital to the health and safety of the end-user and which is supplementary to the MSDS; and require, with due diligence, communication by the customer of such information to the end-user as a condition of sale;
3.4 allow new chemicals and chemical products into the member's distribution network only after all the preceding requirements have been met.

4. Compliance with Legal Requirements
Each member company shall have a program in place to:

4.1 meet or exceed the letter and spirit of all legal requirements related to distribution of chemicals, chemical products, services and information;
4.2 communicate with its own and contract employees and ensure they are trained to understand and comply with all requirements of the law.

5. Participation - Selected Organizations, Government Bodies and Communities
Each member company should have a program to work actively with and assist selected organizations, government bodies and communities in establishing standards for continuously improving chemical distribution activities.

Specifically, each member should:

5.1 choose the organization(s), association(s) and government(s) to which the member can advocate and speak on behalf of the CCPA "Responsible Care" policies;
5.2 interact with community groups to raise awareness of existing practices and planned improvements in chemical distribution activities which may not have been covered by the code of practice for CAER;
5.3 inform and update member company and contract employees on chemical distribution standards and encourage them to speak out within their own communities to improve the perception of chemical distribution;
5.4 influence the establishment of chemical distribution public policies, standards and regulations that reflect changing environmental, community, governmental, industry and distribution activities, focusing on the preventative and the proactive, in consultation, if possible, with other affected stakeholders.

6. Requirements Pertaining to Distributors and Resellers
Each member company, if it uses third parties for distribution, shall have a program to educate, assist and assess the distributors of the member company's chemicals, chemical products and services.

The program shall:

6.1 define a distributor policy which clearly establishes the minimum standards of this code as they apply to distributors;
6.2 exercise due diligence in:

6.2.1 establishing criteria for the selection of distributors based on their capability to meet the distribution code of practice and other applicable "Responsible Care" codes;
6.2.2 assessing their performance as appropriate against the criteria;
6.2.3 taking any follow-up actions to cause the distributor to correct shortcomings including, if necessary, termination of supply;

6.3 ensure that distributors understand the expectations of "Responsible Care", its guiding principles and the codes of practice;
6.4 respond to requests for information and assistance from any point in the distribution chain concerning chemicals, chemical products and services supplied by the member company.

7. Requirements Pertaining to Suppliers

Each member company shall have a program to educate, assist and assess suppliers of chemicals, chemical products and services.
The program shall:

7.1 define a supplier policy which clearly establishes the applicable areas of this code of practice, within Canada;
7.2 exercise due diligence in:

7.2.1 establishing criteria for the selection of suppliers based on their capability to meet the applicable areas of the distribution code of practice;
7.2.2 assessing their performance as appropriate against the criteria;
7.2.3 taking any follow-up actions to cause the supplier to correct shortcomings including, if necessary, termination of agreement to purchase.

Typical Elapsed Time from Start

1. Coordinator appointed and aware of code requirements.

3 months

2. Management aware of code requirements.

6 months

3. Management assessment of action and resource needs completed.

12 months

4. Assessment results communicated to those who will be involved in planning and implementing action.

15 months

5. Plans developed.

18 months

6. Plans implemented.

36 months