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WHMIS-Canadian Right-to-Know System

WHMIS Duties and Responsibilities

WHMIS is an acronym for Workplace Hazardous Materials Information System. WHMIS was created in response to Canadian workers' right to know about the safety and health hazards that may be associated with materials and/or chemicals they use at work.

The WHMIS Right-to-Know System ensures that information about hazardous materials is provided through the use of product labels, mat erial safety data sheets (MSDS) and worker education programs.

This system, developed by a tripartite committee consisting of representatives from government, industry and labour, became effective on October 31, 1988. The components of WHMIS that apply to federal employees and other workplaces are specified in the Canada Labour Code (CLC) and in Canadian Occupational Safety and Health Regulations (COSHR).

WHMIS Duties and Responsibilities

Suppliers, Employers, and Workers all have specific duties under WHMIS legislation.

• Canadian Suppliers are those who sell, provide or import products. According to WHMIS legislation, if a product is considered a "controlled product" a supplier must label the product or its container identifying all hazardous materials. The supplier must also provide an MSDS to explain what the specific hazards of working with the materials.
• Employers are required to establish education and training programs for workers exposed to hazardous materials in the workplace. Employers must also be sure that products are labeled and that MSDS' exist for each product and are readily available to each employee.
• Workers are required to participate in the training programs and use the information they learn to help them work safely with hazardous materials.

Controlled Products and WHMIS

According to WHMIS, all controlled products in the workplace must have WHMIS labels.

Under the Controlled Products Regulation a "controlled product" is defined as a material, product, or substance which is imported or sold in Canada that meets the criteria for one or more hazardous material classifications.

Each of these classes has its own uniform hazard symbol and must be recognized by everyone in the workplace.

Class A-compressed gas

Class B-flammable and combustible material

Class C-oxidizing material

Class D-poisonous and infectious material
Immediate & Serious Toxic Effects	Other Toxic Effects	Biohazard

Class E-corrosive material

Class F-dangerously reactive material

The majority of information requirements and exemptions found in WHMIS legislation are incorporated into both the Hazardous Products Act (HPA) and Hazardous Materials Information Review Act (HMIRA).

Requirements of these acts apply to all of Canada and may include:

• Controlled products regulation.
• Ingredient disclosure list.
• Hazmat information review act appeal board procedures regulations.
• Hazardous materials information review regulations.

Labels

Labeling of controlled products is a basic requirement of the WHMIS Right-to-Know System. Labeling requirements differ depending on the container's origin, size, use and level of handling. Typically, labeling requirements vary if a container originates from a manufacturer/supplier or from the workplace. Laboratory products, non-laboratory products and laboratory samples also have specific labeling requirements.

Supplier Labels

Legislation requires labels on containers from suppliers holding 10kg or more of a controlled product. Each label must contain ver detailed information on the controlled product and requires the following:

• The Supplier Label must be in both English and French, and the information must be within a distinctive "crosshatched" WHMIS border.
• Labels on supplier containers containing more than 100ml in volume must have the following information:

1. Product Identifier: The name of the product which may be the common name, trade name, generic name, brand name, code name or code number. This name must be the same name that appears on the MSDS.
2. Supplier Identifier: The name and address of the supplier.
3. Hazard Symbols: Hazard symbols representing the WHMIS hazard classes under which the product is regulated.
4. Reference to the MSDS: A statement advising that an MSDS is available for more detailed information.
5. Risk Phrases: Short Phrases that describe the hazards to supplement the symbols.
6. Precautionary Statement: Precautions to be taken when handling, using or being exposed to the product.
7. First Aid Measures: These statements indicate immediate first aid measures that can help in case of an accident or emergency with the product.

• Labels on supplier containers that contain 100 ml or less are required to have only the first 4 pieces of information listed above (1-4).

Workplace Labels

There are no WHMIS requirements for the design of a workplace label. However, the label must be easy to read and identify. It must be placed where it can easily be seen by workers and in the language chosen for use in the workplace. Hazard symbols and hatch mark WHMIS border are optional for workplace labels. Labels must be attached to the containers of controlled products that are:

• Produced in the workplace.
• Decanted or transferred from a supplier container to another container(s) in the workplace.
• Or when the supplier label has become illegible or accidentally removed.

A workplace label must contain the following information:

• Product identifier, or product name.
• Safe handling information and first aid measures.
• Reference to the MSDS.

Where the use of labels may not be practical, WHMIS will allow the use of placards, color codes, signs, labels or other means of clear identification. An example would be bulk storage, or conveyor belts used to transfer product in house.

Material Safety Data Sheets (MSDS)

Material Safety Data Sheets (MSDS) are an important source of information for the worker and a vital portion of the WHMIS Right-to-Know System.

The MSDS will include relevant technical information and must be listed in the following order:

1. Material identification.
2. Hazardous ingredient(s).
3. Physical data.
4. Fire and explosion data.
5. Reactivity data.
6. Health hazard data.
7. First aid measures.
8. Preventative measures.
9. Storage and handling.
10. Spill clean-up and waste disposal and preparation date of the MSDS.

The MSDS in each workplace may or may not look the same but should contain this same basic information. Each section of an MSDS must be filled in even if nothing in that section pertains to that chemical.

Worker Education Programs

The final piece of the WHMIS Right-to-Know System, is the Wroker Education Program. The program is the responsibility of the employer. Workers must be trained to know how to safely handle hazardous materials and what to do if exposed to these substances in the workplace. This includes knowledge of the labeling system and use of MSDS to provide beneficial, and possible life saving information. It is the employer's responsibility to fully understand the system to ensure everyone's safety.

WHMIS is enforced by the Labour Branch of Human Resources Development Canada for federal workplaces and by the provincial or territorial ministry responsible for occupational health and safety for most other workplaces. If you are seeking more information on WHMIS, you should contact your local jurisdiction or e-mail our Technical Representatives at techsvc@labsafety.com.

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