GENERAL

WHMIS applies to any workplace that has one or more controlled product (more commonly called hazardous products). The MSDS requirement does not apply to a hazardous material that is covered under another piece of legislation such as the Food and Drugs Act or Consumer Products Act, or to manufactured articles or products covered under the Pest Control Products Act. The labeling requirement does not apply if the materials are kept in the original containers. (Occupational Health and Safety Regulation 1996, 316)

A controlled product must not be used unless the requirements for labels, MSDS, and training are met. (Occupational Health and Safety Regulation 1996, 317)

If the substance is not a controlled product or is exempt, the hazards from handling, use, storage, and disposal must be determined and recorded. Necessary precautions must be determined and recorded. Mark the container with the name of the substance. (Occupational Health and Safety Regulation 1996, 304)

WORKER TRAINING AND EDUCATION

The employer must provide general education to workers about WHMIS and ensure that workers have access to all hazard information received about a controlled product. Workers must be instructed in the nature and meaning of the information on labels and MSDS, safe work procedures for handling, storage, and disposal of the controlled products, procedures for fugitive emissions, and emergency procedures.

Training must be developed for the specific workplace in consultation with the JHSC. The employer must ensure that the worker is able to apply the information to protect his or her health and safety. (Occupational Health and Safety Regulation 1996, 318)

LABELS

WHMIS requires all containers of controlled products to be labeled. There are two types of labels: supplier labels and workplace labels.

Supplier label

Containers of controlled product must be labeled with a supplier label when the containers are received. The employer is responsible for ensuring that containers are received with a supplier label attached. If the supplier label becomes illegible, it must be replaced with a workplace label. (Occupational Health and Safety Regulation 1996, 319)

Workplace label

A workplace label must be applied to any container of controlled product that does not have a supplier label. For example, a workplace label must be applied to any tank containing a product made in the workplace (e.g., combine parts A and B to make a new chemical) and to any container into which a hazardous product has been decanted. (Occupational Health and Safety Regulation 1996, 321)

MATERIAL SAFETY DATA SHEETS (MSDSs)

The employer must obtain an MSDS for each controlled product used in the facility. The MSDS must be less than three years old to be acceptable. If an MSDS less than three years old is not available, the existing MSDS can be updated with any new hazard information available. The MSDS provided to employees may be in a format different from the one provided by the supplier provided that the supplier MSDS is available to workers and the new MSDS contains all the information from the supplier MSDS.

MSDSs for controlled products must be available to workers, and to members of the joint health and safety committee. The MSDSs may be available on a computer provided that employees are trained on how to access the MSDSs, the computer system is maintained and the original MSDS is available on request. (Occupational Health and Safety Regulation 1996, 327)

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