Operations Program Directive on Workplace Hazardous Material Information System (WHMIS)

Canada Labour Code, Part II
Transitional Provisions
No.: 985-1
Date: 1988-08-29

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1. Labels For Controlled Products
   
   
2. Supplier Label
   
   
3. Workplace Label

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1. Purpose of this Directive

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1. to ensure consistency of application in the Labour Canada jurisdiction of the WHMIS requirements;
   
   
2. to define roles and responsibilities of those involved in implementing:
   
   
   • Canada Labour Code, Part II amendment (June 30, 1987) including the Canada Occupational Safety and Health Regulations, amendment (December 31, 1987);
     
     
   • Hazardous Products Act (June 30, 1987) including the Controlled Products Regulations and the Ingredient Disclosure List (December 31, 1987);
     
     
3. to provide guidelines for the application of WHMIS legislation with respect to:
   
   
   1. labels;
      
      
   2. material safety data sheets (MSDS); and
      
      
   3. worker education;

2. Scope 

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This directive applies to all officials of Labour Canada in the Operations Program.

3. Background 

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WHMIS is a nation wide information system for hazardous substances used in the workplace. Each jurisdiction in Canada is putting in place standardized occupational safety and health regulations ensuring consistent workplace requirements for the various elements of WHMIS.

WHMIS is a communications system composed of three equally important elements. It consists of:

1. labels;
   
   
2. material safety data sheets; and
   
   
3. worker education and training.

The effective date for WHMIS was October 31, 1988.

4. Authority

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This directive is issued under the authority of the Assistant Deputy Minister, Operations.

5. Definitions

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5.1 Health and Safety Officer means a person designated as a Health and safety officer pursuant to subsection 140 of Part II of the Canada Labour Code and includes a Appeals Officer.

5.2 Inspector means any person designated by the Minister of Consumer and Corporate Affairs (CCA) as an inspector pursuant to section 21(1) of the Hazardous Products Act.

5.3 Analyst means any person designated by the Minister of CCA as an analyst under the Food and Drug Act or pursuant to subsection 21(1) of the Hazardous Products Act.

5.4 Supplier Label means in respect of a controlled product, a label prepared by a supplier pursuant to the Hazardous Products Act.

5.5 Workplace Label means, in respect of a controlled product, a label prepared by an employer pursuant to Division III of Part X (Hazardous Substances) Regulations of the Canada Labour Code, Part II.

5.6 Material Safety Data Sheet (MSDS) means a technical bulletin which provides detailed hazard and precautionary information on hazardous substances including controlled product.

5.7 Hazardous Substance includes a controlled product and means a chemical, physical or biological agent that because of a property it possesses is hazardous to the safety or health of a person exposed to it.

5.8 Secondary Supplier means a supplier of a controlled product which contains a component that is a controlled product from another supplier (primary supplier).

6. Guiding Principles

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Part II of the Canada Labour Code contains an explicit purpose clause which explains the intent of the provisions contained therein. The purpose as stated in subsection 79(1) is:

"To prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this part applies."

The requirements to identify, label and educate workers on hazardous substances is a major component in achieving the purpose of the legislation. This forms part of the policy foundation for compliance.

7. Scope of WHMIS

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All hazardous substances are covered in this OPD.

7.1 Hazardous Substances Other than Controlled Products

Requirements:

Containers of a hazardous substance other than controlled products must be labelled to disclose:

1. the name of the substance;
   
   
2. the hazardous properties of the substance.

Where an MSDS on a hazardous substance other than a controlled product may be obtained from the supplier of the hazardous substance the employer shall:

1. obtain a copy of the MSDS;
   
   
2. make the MSDS readily available in the workplace for examination by employees.

7.2 Controlled Products 

Controlled products under the legislation require:

1. a supplier MSDS; or
   
   
2. a workplace MSDS either of which shall be readily available for examination by employees and safety and health committee or the health and safety representatives;
   
   
3. a supplier labels; and/or
   
   
4. workplace labels.

7.3 Exemptions 

To avoid duplication with other legislation, labelling and material safety data sheet requirements were exempted from the Hazardous Products Act where a controlled product is one of the following materials:

• explosives as defined and regulated by the Explosives Act;
  
  
• cosmetics, medical devices, drugs or food within the meaning of the Food and Drug Act;
  
  
• pesticides and other products regulated under the Pest Control Act;
  
  
• prescribed substances as defined in the Atomic Energy Control Act; or
  
  
• materials or substances regulated under Part II of Schedule I of the Hazardous Products Act when packaged as a consumer product and in quantities normally used by the consuming public.

Training requirements, however, must still be met to ensure the safe storage and handling of these materials.

WHMIS legislation also does not cover the sale or importation of:

• wood and wood products;
  
  
• tobacco and products made of tobacco;
  
  
• any manufactured article; and
  
  
• hazardous wastes.

It is important to note that the federal department of Consumer and Corporate Affairs aspects of Hazardous Products Act and Controlled Products Regulations pertain only to the sale and importation of hazardous products.

On June 30, 1987, the federal government passed amendments to the Hazardous Products Act to place duties on suppliers to provide labels and material safety data sheets to their customers. The federal regulation respecting Controlled Products under the Hazardous Product Act establishes what materials will be covered by WHMIS, and sets out the information to be put on a label and material safety data sheet.

A refusal-to-work situation regarding hazardous substances will be handle as per the OPD-905-1, Response to a Refusal to Work in Case of Danger - Canada Labour Code (Part II).

8. Role of Health and Safety Officer in Workplace Inspections

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The general workplace inspection shall be carried out by the safety officer under Part X (Hazardous Substances) Regulations of the Canada Labour Code, Part II.

8.1 Purpose of Workplace Inspections:

The general workplace inspection shall be sued to review:

1. proper labels on containers;
   
   
2. availability to workers of suitable Material Safety Data Sheets; and
   
   
3. worker education and training regarding WHMIS and hazardous materials in the workplace.

9. Legislative Requirements 

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9.1 Labelling 

1. Supplier labels:
   
   Health and safety officer shall check that containers of controlled products in the workplace have supplier labels with a special border as illustrated in Appendix II. Labels must have the following categories:
   
   
   • a product identifier* (e.g., brand name, code name or chemical name);
     
     
   • a hazard symbol or symbols in the form of standard pictograms* (must correspond to risk phrases);
     
     
   • risk phrases describing the nature of the hazard and possible consequences of misuse of the product (e.g., toxic material, lung and eye irritant);
     
     
   • precautionary measures to be taken to ensure the safe use of the product (e.g., keep away from heat);
     
     
   • first aid measures (e.g., in case of eye contact, flush immediately with water);
     
     
   • a supplier identifier*; and
     
     
   • some reference to the Material Safety Data Sheet for the product* (e.g. see MSDS).
   
   Containers with a capacity of 100 ml or less need only have items marked*.
   
   NOTE: Supplier labels must be in English and French.
   
   
2. Workplace Labels
   
   A workplace label must meet the following criteria:
   
   
   • it must clearly identify the product;
     
     
   • it must clearly identify the essential information for the safe use and handling of the product;
     
     
   • it must indicate whether a MSDS is available, either as provided by a supplier or provided by the employer.
     
   
   Contrary to the supplier label, the workplace label is performance oriented. This means that its appearance, wording and arrangement is not prescribed in a specific way. However, the workplace label must provide sufficient information to the user to alert and remind the precautions that must be observed to prevent adverse health effects or physical injury.
   
   Since the workplace label is performance oriented, it must be an integral part of an education and training program. The test is whether the system used can convey all the necessary information.
   
   Firstly, the workplace label must clearly display the identity of the product. This may be the brand name, code name or number specified by the supplier, the chemical name, common name, generic name or trade name. The worker must know the identity of the product in order to accurately refer to it.
   
   Secondly, the workplace label must clearly show what precautions the worker must observe to minimize risks of adverse health effects or physical injury. This can be accomplished by using words or pictograms referencing control methods or personal protective equipment, or by using words, symbols or other modes of communication which show the nature of the product and the necessary precautions that must be taken. Whatever mode of communication is used, it must be combined with worker education to ensure that the worker has the necessary information safety use and handle the product.
   
   Thirdly, the label must show whether a MSDS is available. This MSDS may be one supplied by the supplier of the product, or one prepared by the employer. In some instances the controlled product can be a consumer product used in the workplace for which a MSDS would not be available, just a workplace label may be required. (See Appendix III.)
   
   
3. Piping and Vessels
   
   Where a controlled product is contained or transferred in a pipe, vessel, tank car, tank truck, ore car, conveyer belt or similar conveyance, the health and safety officer shall check that the employer has put in place a system of identification. The health and safety officer shall check that workers have been trained to understand this system.
   
   
4. Laboratories
   
   A controlled product received from a laboratory supply house in quantities of less than 10 kg which is intended to be used only in a laboratory may have a different label. The label will not require the WHMIS border but must contain a product identifier, reference to an MSDS (unless all MSDS information is on the label), risk phrases, precautionary measures and first aid measures.
   
   Where a controlled product is received at a laboratory from an external source, it will be considered to be a laboratory sample if it is intended solely to be tested in the laboratory, is in a quantity of less than 10 kg and an MSDS has not been previously prepared for the product. The laboratory sample label must have a WHMIS border and must contain the product identifier, the chemical identity or generic chemical identity of any ingredient, the supplier identifier and a statement
   
   "Hazardous Laboratory Sample. For hazard information or in an emergency, call (emergency telephone number of the supplier)."
   
   Controlled products produced in a laboratory for research and development and intended only for testing, etc., in that laboratory, need only have some mode of identification that will be recognized by workers, as must laboratory supply house chemicals or laboratory supply house chemicals or laboratory samples decanted in the laboratory, provided that workers can refer back to the original label or MSDS (if any).
   
   A laboratory producing its own reagents for use in the workplace would require a workplace label for these reagents. (See Appendix I for summary.)

9.2 Material Safety Data Sheets 

The exact format of a material safety data sheet is not prescribed. The information provided is expected to be comprehensive and must include all that can reasonably be expected to be known about the material or product and the hazards it may present.

Material safety data sheet must provide information under the following categories:

• product identity (i.e., commercial name of product). This name should be the same as on the supplier label for the material. Where possible, the principal end use should be identified;
  
  
• hazardous ingredients and approximate percent composition are to be listed unless this information is genuinely confidential. The Hazardous Materials Information Review Commission must approve confidentiality and issue a Registry Number to be included on the MSDS;
  
  
• physical data (e.g., specific gravity, volatility, vapour pressure);
  
  
• fire or explosion hazard (e.g., flash point, upper and lower explosive limits);
  
  
• reactivity data where dangerous reactions may occur (i.e., conditions under which materials may be unstable);
  
  
• toxicological properties such as acute or chronic health effects, where known;
  
  
• preventive measure (i.e., includes data required to provide effective engineering controls, safe work practices, choice of proper personal protective equipment, procedures to be followed in the case of emergencies, and data for monitoring workplace conditions and the health of exposed workers);
  
  
• first-aid measures; and
  
  
• name and telephone number of the person, group or unit to be ontacted for additional information, as well as the date of issue of the MSDS (must be less than 3 years old).

Where relevant information is not available, the appropriate category of the MSDS must be marked to indicate that the information is not available or applicable.

MSDSs must be readily accessible at the work site where they can easily be reviewed by workers. They shall also be given to the safety and health committee or representative. If the employer chooses to provide MSDS information using a computer, the health and safety officer shall check that the employer provides worker training to access information.

An employer can store a controlled product without a label or MSDS in the workplace provided he is actively seeking the label or MSDS, and can provide some evidence of this.

Where a label or MSDS is not available, and the employer is not actively seeking this information, the health and safety officer shall secure an Assurance of Voluntary Compliance (AVC) to correct the contravention as outlined in the OPD Response to Non-Compliance with Part II of the Canada Labour Code (700-5).

An employer must have an MSDS available in English and French.

Hazardous Materials Information Review Commission (HMIRC)

In the course of an inspection, a health and safety officer may discover that a supplier label or an MSDS does not contain all of the previously-mentioned information.

Under Section 11 of the Hazardous Materials Information Review Act (HMIRA), an employer/supplier may apply for and receive an exemption from disclosure of the following information on labels and MSDSs:

Information which may be the Subject of a Claim for Exemption

Suppliers may claim exemption for:

• the chemical identity or concentration of any ingredient of a controlled product; or
  
  
• the name of any toxicological study that identifies any ingredient of a controlled product; or

Employers may claim exemption for:

• the chemical identity or concentration of any ingredient of a controlled product; or
  
  
• the name of any toxicological study that identifies any ingredient of a controlled product; or
  
  
• the chemical name, common name, generic name, trade name or brand name of a controlled product; or
  
  
• information that could be used to identify a supplier of a controlled product.

Length of Exemption Period

Every person who files a claim for exemption in accordance with Section II of the HMIR Act is exempt from the requirement to divulge the information which is the subject of the claim:

• for the period from the date the claim is filed to the final disposition of proceedings on the claim. ("Proceedings" means any proceedings under the HMIR Act including the review of the claim by HMIRC, and any appeals to its decisions); and
  
  
• where the claim is determined to be valid, for a period of three years following the date at which proceedings in relation to the claim were complete; i.e., for a period of three years from the date of the ruling by HMIRC where no appeal is undertaken or otherwise from the date of resolution of the appeal.

HMIRC Registration Number

On filing a claim, the supplier/employer must disclose the date the claim was filed and the registration number assigned to the claim by HMIRC. This information must be maintained on MSDS/labels.

9.3 Worker Education and Training 

Workers who may be exposed to hazardous materials in their jobs must receive training regarding the hazards of these materials and the WHMIS system.

The employer must ensure so far as is reasonably practicable that the instruction and training provided to a worker results in the worker being able to apply the information as needed to protect the worker's health and safety.

10. Assessing Education and Training Programs 

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10.1 Training Requirements 

Although program requirements are performance oriented, thus allowing workers and employers to find the most appropriate ways of satisfying the mandatory aspects of WHMIS, employers should ensure that:

• the workplace education program is developed in consultation with workers (e.g., the safety and health committee/ representative);
  
  
• workers can recognize and explain the meaning of pictograms and other symbols used in the workplace;
  
  
• workers understand the concept of WHMIS and the legislative requirements regarding labels, MSDS and training;
  
  
• the training program is specific to the particular workplace and at a level which may be understood by the workers in that workplace;
  
  
• a program is put in place to train new workers and to retrain experienced workers regarding new information; and
  
  
• the entire program is reviewed at least once a year, in consultation with workers (e.g., safety and health committee/representative).

The primary objective of the training program is to ensure that workers understand the hazards of the materials they are exposed to, and the measures they should take to protect themselves. In order to achieve this objective, instructors must be knowledgeable of the processes and hazards of the workplace, and the WHMIS requirements.

10.2 Evaluation 

Training programs must be evaluated through program review and discussion with management and workers. Interviews will provide general information to the health and safety officer regarding training. Obviously, it cannot be expected that all workers will totally recall all information and be able to repeat it. However, if the safety officer detects a trend in worker responses that indicates training is not being conducted, or is conducted in a cursory fashion that does not meet the intent of the regulation, a closer review of the program and its implementation may be necessary. An AVC promising that the program will be upgraded may need to be secured by the Health and Safety Officer.

The purpose of the WHMIS regulation is to ensure that workers receive the information needed in order that they may protect themselves. This can only occur if they receive the information in usable form through appropriate training.

Since employers are required under section 10.19 to maintain written records of employee education programs, these may be useful in assessing compliance with training requirements. The general minimum requirements of a program are spelled out in Sec. 10.17(2) (a) through (d) of the Hazardous Substances Regulations.

11. Role of Designated Inspectors and Analysts (Section 21.(1) of HPA) 

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Employees of Labour Canada who are designated as inspectors or analysts under Sec. 21.(1) of the Hazardous Product Act have as part of their enforcement procedures certain powers. They are as follows:

1. Search
   
   
2. Seizure
   
   
3. Forfeiture

The procedures for each of the above, as well as the forms (CCA) to be used are spelled out in detail in the CCA policy/procedures contained in the WHMIS trainers manual. For further information contact:

Chief - OSH Programs
OSH Branch
Labour Canada
Ottawa K1A 0J2

11.1 Referral Procedures 

In the following situations, referral should be made to the Labour Canada inspector/analyst designated under the Hazardous Products Act:

1. where supplier labels or material safety data sheets are missing or incorrect;
   
   
2. where labels or material safety data sheets are missing or incorrect and the workplace is selling or distributing a controlled product, for example, in a grain elevator that sells/distributes agricultural chemicals (not pesticides);
   
   
3. where release of confidential business information registered with HMIRC is required by the health and safety officer in accordance with the provisions of section 46(2)(c) of the HMIR Act.

There also may be occasions where the health and safety officer requires a joint inspection of a worksite with the designated inspector (analyst) for compliance purposes under Hazardous Products Act.

11.2 Transitional Provisions 

1. If the controlled provision was received from the supplier before February 1, 1989, the employer is exempted until that date from the requirements of Section 10.17(2)(a)(vi) of the Canada Occupational Safety and Health Regulations from providing worker education on the MSDS and label received. However, this does not relieve the employer from his duties under 10.17(2)(a)(iii) of providing employee education on hazard information of which the employer is aware or ought to be aware.
   
   
2. If the controlled product was received from a supplier before October 31, 1988, the employer is exempted from having an MSDS on that controlled product until February 1, 1989, if:
   
   
   1. he is actively seeking an MSDS; of
      
      
   2. he is preparing an MSDS in accordance with the requirements of the Controlled Products Regulation with respect to MSDSs.
      
      
3. If the controlled product was received prior to October 31, 1988, and has no supplier label,
   
   
   1. the employer is required to provide a label that discloses the following information:
      
      
      • product identifier;
        
        
      • hazard information on the controlled product, and
        
        
   2. the employer has until October 31, 1989, to provide a supplier label for the controlled product.
      
      
4. If the controlled product was received from a secondary supplier prior to March 15, 1989, and has no supplier label or MSDS, the employer is required to:
   
   
   1. provide a label that discloses the following information:
      
      
      • product identifier;
        
        
      • hazard information on the controlled product.
        
        
   2. notify the workers that the material is a controlled product which is temporarily exempted from the full label and MSDS requirements until March 15, 1989.
   
   For more information, the LAOs should refer to the WHMIS Core Material a resource manual for the application and implementation of WHMIS.
   
   
   H.P. Hansen
   Assistant Deputy Minister
   Operations