WHMIS

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The Workplace Hazardous Materials Information System (WHMIS) is a comprehensive system for providing health and safety information on hazardous products intended for use, handling, or storage in Canadian workplaces. The main components of WHMIS are hazard identification and product classification, labelling, safety data sheets, and worker education and training.

WHMIS

For products that fall under the Workplace Hazardous Materials Information System (WHMIS) regulations, the regulation covers all hazardous products that are used, handled, stored, or produced in the workplace. [WHMIS Reg. S. 2(1)] Hazardous products may not be used, handled, stored, or produced until all of the requirements of the regulations are followed, including labels or identifiers, safety data sheets, and worker education and training. [WHMIS Reg. S. 3]

Employers must inform all workers who work with or may be exposed to a hazardous product about the information received from the supplier, and any other information about the hazards of that product. [WHMIS Reg. S. 4] The education and training is to be developed and implemented at the workplace, in consultation with the committee or representative. [WHMIS Reg. S. 5(3)] This education and training must result in the worker being able to apply these skills to protect their health and safety. [WHMIS Reg. S. 5(4)] The information required includes: [WHMIS Reg. S. 5(2)]

content on a supplier label and workplace label, and the significance of that information;
content on a safety data sheet (SDS), and the significance of that information;
procedures for safe use, handling, storage, and disposal of the hazardous product;
procedures to follow when emissions are present; and
procedures to follow in an emergency.

Evaluation of the education or training may be done using written tests, practical demonstrations, or other suitable methods. [WHMIS Reg. S. 5(4)] A review of the education and training is required at least annually, or more frequently if there is a change in the work conditions or the information about the hazard. [WHMIS Reg. S. 5(5)]

Labels

Employers must make sure that:

all hazardous products or containers received at the workplace has the supplier affixed, printed, or attached to it; [WHMIS Reg. S. 6(1)]
the supplier label is not be removed, defaced, modified or altered [WHMIS Reg. S. 6(2)] except when the label is meant to be removed under normal use and is 3 ml or smaller; [WHMIS Reg. S. 6(4)]
if the label becomes unreadable (illegible) or is removed, the employer must replace with either a supplier or workplace label; [WHMIS Reg. S. 6(3)]
if the supplier provides significant new data, that the label is updated; and [WHMIS Reg. S. 6(5)]
if a product is received without a supplier label, that a workplace label is attached before it is used.

Workplace labels must state a product identifier (that is identical to the SDS), contain the information for safety handling, and state that a SDS, if supplied or produced, is available. [WHMIS Reg. S. 7(1)] Workplace labels must also be updated when significant new data is available. [WHMIS Reg. S. 7(2)] Workplace labels are also required when the hazardous product is produced in the workplace [WHMIS Reg. S. 8(1)], and on decanted products. [WHMIS Reg. S. 9(1)]

Alternate methods for labelling include using a colour code, label, placard, or other methods when the hazardous product is contained or transferred through a pipe, piping system, process vessel, reaction vessel, tank car, tank truck, ore care, conveyer belt, or similar. [WHMIS Reg. S. 10] Placarding may be used if the hazardous product is not in an container, in a container intended for export, or a container for sail or distribution that is otherwise labelled appropriately. Placards must show the information normally required on a workplace label, and be clearly placed and readable to workers. [WHMIS Reg. S. 11]

Safety Data Sheets (SDSs)

Employers must obtain (from the supplier) a safety data sheet for each hazardous product used, handled or stored at the workplace. [WHMIS Reg. S. 13(1)] SDSs must be available to each worker who works with a hazardous product or who may be exposed to it, and to the committee or representative. The employer can work with the committee or representative to best determine how to make the SDSs available. [WHMIS Reg. S. 16] SDSs may be provided in a format different than the SDS as long as there is no less content, and the employer’s sheets state that an SDS is available. [WHMIS Reg. S. 13(4)]

The employer must update the SDS with any significant new data about the hazardous product as soon as reasonably practicable after the data or information is provided by the supplier or the employer otherwise determines. [WHMIS Reg. S. 13(3)]

When a hazardous product is produced at the workplace, the employer must prepare an SDS for that product according to the Hazardous Products Regulations, and keep the SDS updated not later than 90 days after significant new information becomes available to the employer. [WHMIS Reg. S. 14] The toxicological data used to prepare the SDS must be made available to an officer, a worker, committee or representative on request. [WHMIS Reg. S. 15]

Laboratory samples

When an employer receives a laboratory sample, the label must:

display the chemical name or generic chemical name (if known) that is present individually or in a mixture; and
contain the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call/ Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez", and have an emergency telephone number.

Certain labelling requirements do not apply if the hazardous product is a laboratory sample or produced in the laboratory, it is intended solely for use, analysis, testing or evaluation in a laboratory or for testing for research and development, and is clearly identified. Workers must be educated and trained in the safe use, handling and storage of the hazardous product. [WHMIS Reg. S. 12(3) and 12(4)]

"hazardous product" means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in Schedule 2 of that Act. These regulations do not apply where the hazardous product is: (a) wood or a product made of wood; (b) tobacco or a tobacco product as defined in section 2 of the Tobacco Act (Canada); (c) a manufactured article; or (d) a product being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada). These regulations also do not apply to hazardous waste but the employer must make sure that the waste is safely stored and handled through a combination of clear identification and worker education and training.

An employer may store a hazardous product at a workplace while actively seeking information required by these regulations about the hazardous product.

Some products are exempt, including: 2. (2) The provisions of these regulations in respect of supplier labels and safety data sheets do not apply where the hazardous product is (a) an explosive as defined in section 2 of the Explosives Act applicable (Canada); (b) a cosmetic, device, drug or food as defined in section 2 of the Food and Drugs Act (Canada); (c) a pest control product as defined in subsection 2(1) of the Pest Control Products Act (Canada);

Procedures are also required for safe use, handling, storage and disposal when the hazardous product is contained or transferred in: (i) a pipe or a piping system including valves, (ii) a process vessel or reaction vessel, or (iii) a tank car, tank truck, ore car, conveyer belt or similar conveyance.

This review is done by the employer, in consultation with the committee or representative.

"significant new data" means new data regarding the hazard presented by a hazardous product that (i) changes its classification in a category or subcategory of a hazard class, (ii) results in its classification in another hazard class, or (iii) changes the ways to protect against the hazard presented by the hazardous product.

Workplace labels are not required on portable containers if all of the hazardous product will be used immediately, or if the container will be under the control of that worker only, and only used for that shift.

Workplace Hazardous Materials Information System Regulations
EC2017-455

APPLICATION

Section 2 Application

2. (1) Subject to subsections (2) to (4), these regulations apply in respect of hazardous products used, handled, stored or produced at a workplace.

(2) The provisions of these regulations in respect of supplier labels and safety data sheets do not apply where the hazardous product is

(a) an explosive as defined in section 2 of the Explosives Act applicable (Canada);

(b) a cosmetic, device, drug or food as defined in section 2 of the Food and Drugs Act (Canada);

(d) a nuclear substance, within the meaning of the Nuclear Safety and Control Act (Canada), that is radioactive;

(e) a consumer product as defined in section 2 of the Canada Consumer Product Safety Act.

(3) These regulations do not apply where the hazardous product is

(a) wood or a product made of wood;

(b) tobacco or a tobacco product as defined in section 2 of the Tobacco Act (Canada);

(d) a product being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada).

(4) These regulations do not apply to hazardous waste except that the employer shall ensure the safe storage and handling of hazardous waste through a combination of clear identification of hazardous waste and worker education and training.

REQUIREMENTS

Section 3 Obligation of employer

3. (1) Subject to subsection (2), an employer shall ensure that a hazardous product is not used, handled, stored or produced at a workplace unless all of the applicable requirements of these regulations in respect of labels, identifiers, safety data sheets and worker education and training are complied with.

(2) An employer may store a hazardous product at a workplace while actively seeking information required by these regulations about the hazardous product.

WORKER EDUCATION AND TRAINING

Section 4 Hazard information to be supplied to employee

4. An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is informed about all hazard information received from a supplier concerning that hazardous product, if applicable, and any other hazard information the employer is aware of, or ought to be aware of, concerning that hazardous product.

Section 5 Education required

5. (1) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is educated respecting

(a) the content required on a supplier label and a workplace label and the purpose and significance of the information contained on those labels; and

(b) the content required on a safety data sheet and the purpose and significance of the information contained on a safety data sheet.

(2) An employer shall ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker’s work activities is trained in the following procedures:

(a) procedures for the safe use, handling, storage and disposal of the hazardous product;

(b) procedures for the safe use, handling, storage and disposal of a hazardous product contained or transferred in

(i) a pipe or a piping system including valves,

(ii) a process vessel or reaction vessel, or

(iii) a tank car, tank truck, ore car, conveyer belt or similar conveyance;

(d) procedures to be followed in an emergency situation involving a hazardous product.

(3) An employer shall ensure that the education and training required under subsections (1) and (2) are developed and implemented at a workplace in consultation with the committee or representative at the workplace, as applicable.

(4) An employer shall ensure, so far as is reasonably practicable, that

(a) the education and training required under subsections (1) and (2) employee result in a worker being able to apply the information as needed to protect the worker’s health and safety; and

(b) the knowledge of workers about matters referred to in subsections (1) and (2) is periodically evaluated using written tests, practical demonstrations or other suitable means.

(5) An employer shall, at least annually and more frequently if required by a change in work conditions or available hazard information, in consultation with the committee or representative at a workplace, as applicable, review the education and training developed and provided to workers in accordance with this section.

LABELS AND OTHER IDENTIFIERS

Section 6 Supplier label required

6. (1) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations, an employer shall ensure that a hazardous product or container in which a hazardous product is packaged that is received at a workplace has a supplier label affixed to, printed on or attached to it.

(2) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations, an employer shall not remove, deface, modify or alter a supplier label on a container in which a hazardous product is packaged that was received at a workplace, while any amount of the hazardous product remains in that container.

(3) Where a label on a hazardous product or container in which a hazardous product is packaged becomes illegible or is removed from the hazardous product or container, the employer shall replace the label with either a supplier label or a workplace label.

(4) Subsections (2) and (3) do not apply where the label is removed under normal conditions of use from a container with a capacity of 3 ml or less in which a hazardous product is packaged and the label interferes with the normal use of the product.

(5) An employer shall update a label on a hazardous product or container in which a hazardous product is packaged as soon as reasonably practicable after a supplier provides significant new data in respect of the hazardous product to the employer.

(6) Where, pursuant to the exemption provided in section 5.15 of the Hazardous Products Regulations, an employer imports and receives at a workplace a hazardous product or container in which a hazardous product is packaged without a supplier label or with a label that does not comply with the Hazardous Products Regulations, the employer shall

(a) before the hazardous product is used by a worker at the workplace, affix or attach a workplace label to the hazardous product or container in which the hazardous product is packaged; and

(b) before selling or distributing the hazardous product, affix or attach a supplier label to the hazardous product or container in which the hazardous product is packaged.

(7) Where, pursuant to the exemption provided in subsection 5.5(2) of the Hazardous Products Regulations, an employer receives at a workplace a bulk shipment or unpackaged hazardous product without a supplier label, the employer shall affix or attach a label having the information required on a supplier label to the hazardous product or the container in which the hazardous product is packaged at the workplace.

Section 7 Required contents, workplace label

7. (1) A workplace label shall

(a) contain a product identifier that is identical to the product identifier found on the safety data sheet for the hazardous product;

(b) contain information for the safe handling of the hazardous product, conveyed in a manner appropriate to the workplace; and

(2) An employer shall update a workplace label on a hazardous product or container in which a hazardous product is packaged as soon as reasonably practicable after significant new data in respect of the hazardous product becomes available to the employer.

Section 8 Workplace label for product produced at workplace

8. (1) Subject to section 12, where a hazardous product is produced at a workplace, the employer shall ensure that a workplace label is affixed to, printed on or attached to the hazardous product or container in which the hazardous product is packaged.

(2) Subsection (1) does not apply

(a) in respect of a fugitive emission produced at a workplace; or

(b) when the hazardous product is in a container that is intended to contain the hazardous product for sale or disposition and the container is, or is about to be, appropriately labelled for sale or disposition.

Section 9 Workplace label for decanted products

9. (1) Subject to section 12, where a hazardous product at a workplace is in a container other than the container in which it was received from a supplier, the employer shall ensure that a workplace label is affixed to, printed on or attached to the container.

(2) Subsection (1) does not apply in respect of a portable container that is filled directly from a container that has a supplier label or workplace label affixed to, printed on or attached to it, if

(a) all of the hazardous product in the portable container is required for immediate use; or

(b) the portable container is under the control of, and used exclusively by, the worker who filled the portable container and the hazardous product in the portable container is clearly identified and used only during the shift in which the portable container is filled.

Section 10 Identification, pipes or vessels

10. An employer shall ensure that a hazardous product is identified through colour coding, a label, a placard or another mode of identification when the hazardous product is contained or transferred at a workplace in any of the following:

(a) a pipe or piping system including valves;

(b) a process vessel or reaction vessel;

Section 11 Use of placard instead of label

11. Despite subsections 6(1), (6) and (7), 8(1) and 9(1), an employer may, instead of meeting the labelling requirements in those provisions, post a placard that discloses the information required on a workplace label and is of a size and in a location that the information on the placard is conspicuous and clearly legible to workers, if the hazardous product is

(a) not in a container;

(b) in a container or form intended for export; or

(c) in a container that is intended to contain the hazardous product for sale or distribution and is to be appropriately labelled for sale or distribution within the normal course of the employer’s business, without undue delay.

Section 12 Laboratory sample from supplier

12. (1) Where an employer receives at a workplace a laboratory sample that is subject to a labelling exemption under subsection 5(5) or (6) of the Hazardous Products Regulations, the employer shall ensure that a label that meets the requirements of subsection (2), provided by the supplier, is affixed to, printed on or attached to the container in which the laboratory sample is packaged.

(2) A label under subsection (1) shall

(a) if known by the supplier, display the chemical name or the generic chemical name of any material or substance in the hazardous product that,

(i) individually, is classified pursuant to the Hazardous Products Act (Canada) and the Hazardous Products Regulations in any category or subcategory of a health hazard class and is present above the relevant concentration limit, or

(ii) in the case of a mixture, is present at a concentration that results in the mixture being classified pursuant to the Hazardous Products Act (Canada) and the Hazardous Products Regulations in a category or subcategory of any health hazard class; and

(b) contain the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call/ Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez" followed by an emergency telephone number to use to obtain the information that must be provided on the safety data sheet of the hazardous product.

(3) Subsection 8(1) does not apply in respect of a hazardous product produced in a workplace and subsection 9(1) does not apply in respect of a hazardous product that is in a container other than the container in which it was received from a supplier, if

(a) the hazardous product is

(i) a laboratory sample,

(ii) intended by the employer solely for use, analysis, testing or evaluation in a laboratory, and

(iii) clearly identified, in accordance with subsection (5); and

(b) each worker who works with the hazardous product or may be exposed to the hazardous product in the course of the worker’s work activities has been educated and trained about the safe use, handling and storage of the hazardous product, in accordance with subsection (5).

(4) Subsection 8(1) does not apply in respect of a hazardous product that is produced in a laboratory if

(a) the hazardous product is

(i) not removed from the laboratory,

(ii) intended by the employer solely for evaluation, analysis, or testing for research and development, and

(iii) clearly identified, in accordance with subsection (5); and

(5) An employer shall ensure that the mode of identification of a hazardous product and the education and training referred to in subsections (3) and (4) enable a worker to identify the hazardous product and obtain information in respect of the hazardous product that would be required on a safety data sheet for the hazardous product or on a label referred to in subsection (1).

SAFETY DATA SHEETS

Section 13 Hazardous product received from supplier

13. (1) An employer who acquires a hazardous product for use, handling or storage at a workplace shall obtain from the supplier of the hazardous product a safety data sheet for the hazardous product that complies with the requirements of the Hazardous Products Regulations.

(2) Subsection (1) does not apply to an employer in respect of a hazardous product if the supplier of the hazardous product is exempt under the Hazardous Products Regulations from the requirement to provide a safety data sheet for the hazardous product.

(3) An employer shall update the supplier safety data sheet with any significant new data about the hazardous product as soon as reasonably practicable after the data or information is provided by the supplier or otherwise becomes available to the employer.

(4) An employer may provide at a workplace a safety data sheet in a format different from the format of, or containing hazard information additional to the hazard information provided in, the supplier safety data sheet, if

(a) subject to sections 18 and 19, the employer’s safety data sheet contains no less content than the supplier safety data sheet; and

(b) the supplier safety data sheet is available at the workplace and the employer’s safety data sheet discloses its availability.

Section 14 Hazardous product produced at workplace

14. (1) Where an employer produces a hazardous product at a workplace, the employer shall prepare a safety data sheet in respect of that hazardous product that discloses the information required under the Hazardous Products Regulations.

(2) Subsection (1) does not apply in respect of a fugitive emission or an intermediate product undergoing a reaction within a reaction vessel or process vessel.

(3) An employer shall update the employer’s safety data sheet as soon as practicable but not later than 90 days after significant new data about the hazardous product becomes available to the employer.

Section 15 Toxicological data

15. An employer shall disclose as soon as practicable any source of toxicological data used in preparing a safety data sheet for a hazardous product manufactured at a workplace, at the request of

(a) an officer;

(b) a worker or the committee or representative at a workplace; or

Section 16 Readily available

16. (1) An employer shall ensure that a copy of a safety data sheet required under section 13 or 14, or otherwise provided by a supplier or prepared by an employer, in respect of a hazardous product is readily available to

(a) each worker who works with the hazardous product or may be exposed to the hazardous product in the course of the worker’s work activities; and

(b) the committee or representative at the workplace, as applicable.

(2) An employer shall consult with the committee or representative at a workplace, as applicable, on the best means to comply with subsection (1).

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