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Workplace Hazardous Materials Information System Regulation (2015)

Workplace Hazardous Materials Information System Regulation (2015)

Effective July 13, 2015

INTERPRETATION

1

Definitions

(1) In this Regulation

"container"

includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or any similar package or receptacle; « contenant »

"education"

means the delivery to and receipt by workers of general information regarding the Workplace Hazardous Materials Information System and hazardous products;

« instruction »

"fugitive emission"

means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes, in a workplace or other location where workers may be exposed, from process equipment, from emission control equipment or from a hazardous product; « émission fugitive »

"hazard information"

means information about the proper and safe use, storage and handling of a hazardous product and includes information about its health and physical hazards; « renseignements sur les dangers »

"health professional"

means an individual who

is licensed in a jurisdiction in Canada to practice medicine as a physician or nursing as a registered nurse or nurse practitioner, and
practices in that capacity in that jurisdiction;

« professionnel de la santé »

"readily available"

in respect of a worker’s and health professional's access to information, means easily accessible, whether the information is in physical or electronic form, to the worker and the health professional at all relevant times;

« facilement accessible »

"supplier label"

means a label, provided by a supplier, that contains the information elements required under the Hazardous Products Act (Canada); « étiquette du fournisseur »

"training"

means the delivery to and receipt by workers of instruction and information regarding hazardous products that is specific to their workplace and work; « formation »

"workplace label"

for a hazardous product means a label that shows

a product identifier which is identical to that found on the safety data sheet of the hazardous product,
information for the safe handling of the hazardous product which is conveyed in a manner appropriate to the workplace, and
that a safety data sheet, if supplied or produced, is available.

étiquette du lieu de travail

(2) In this Regulation

(a)"hazardous product" has the same meaning as "controlled product";

(b)"bulk shipment", "label", "manufactured article" and "safety data sheet" have the same meanings as in the Hazardous Products Act (Canada); and

(c)"CAS Registry Number", "hazard statement", "laboratory sample", "product identifier" and "significant new data" have the same meanings as in the Hazardous Products Regulations (Canada).

2

Application

(1) This Regulation applies to employers and workers in respect of hazardous products used, stored or handled in a workplace.

(2) Despite subsection (1), the provisions of this Regulation in respect of supplier labels and safety data sheets do not apply to a hazardous product that is

(a) an explosive as defined in the Explosives Act (Canada);

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

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

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

(3) Despite subsection (1), this Regulation does not apply where the hazardous product is

(a) wood or a product made of wood;

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

(4) Despite subsection (1), this Regulation does not apply to hazardous waste (meaning a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal), except that the employer shall ensure the safe storage and handling of hazardous waste through the combination of training and assessment of the components and nature of the hazardous waste.

3

Prohibition

(1) Every employer must ensure that no hazardous product is used, stored or handled in the employer's workplace, unless this Regulation is complied with.

(2) Despite subsection (1), an employer may store a hazardous product in the employer's workplace while actively seeking information necessary for the employer to comply with this Regulation.

4

Worker education and training

- hazard information (1) Every employer must ensure that each worker of the employer who works with a hazardous product or may be exposed to a hazardous product in the course of their work has received education and training, within the meaning of this Regulation, in all hazard information received from a supplier concerning that hazardous product as well as any further hazard information of which the employer is aware or ought to be aware concerning the use, storage and handling of that hazardous product.

(2) Where a hazardous product is produced in an employer's workplace, the employer must ensure that each worker who works with that hazardous product or may be exposed to that hazardous product in the course of their work is trained in all hazard information that the employer is aware of or ought to be aware of concerning that hazardous product and its use, storage and handling.

5

Worker education and training

- workplace (1) Every employer must ensure that each worker of the employer who works with a hazardous product or may be exposed to a hazardous product in the course of their work

(a) has received education as to what information supplier labels, workplace labels and safety data sheets must provide, and the purpose and significance of that information; and

(b) has received training in

i. procedures for the safe use, storage, handling and disposal of hazardous products in their workplace and work,

ii.

procedures for the safe use, storage, handling, and disposal of a hazardous product in their workplace and work that is contained or transferred in

a pipe,
a piping system including valves,
a process vessel,
a reaction vessel, or
a tank car, tank truck, ore car, conveyor belt or similar conveyance,

iii. procedures to be followed where fugitive emissions are present in their workplace and workers may be exposed to those fugitive emissions, and

iv. procedures to be followed in case of an emergency involving a hazardous product in their workplace and work.

(2) Every employer must ensure that the education and training under subsection (1) is developed and implemented, and in consultation with the joint health and safety committee, if any, or the health and safety representative, if any.

(3) Every employer must ensure, to the extent reasonably practicable, that the education and training under subsection (1) results in each worker being able to apply the information as needed to protect the worker's health and safety.

(4) Every employer must review at least annually, or more frequently if required by a change in work conditions or available hazard information, and in consultation with the joint health and safety committee, if any, or the health and safety representative, if any, the education and training that have been developed to provide to workers the knowledge required to safely use, handle and store hazardous products.

LABELS

6

Supplier labels

(1) nless the Hazardous Products Regulations (Canada) provide otherwise, an employer must ensure that any hazardous product, or any container in which a hazardous product is packaged, that is received at the employer’s workplace has affixed to it, printed on it or attached to it in a manner that complies with those Regulations, a label that complies with those Regulations.

(2) Unless the Hazardous Products Regulations (Canada) provide otherwise, and subject to section 16, as long as any amount of a hazardous product remains in a workplace in the container in which it was received from the supplier, the employer

(a) must not remove, deface, modify or alter the supplier label; and

(b) must, immediately on receiving significant new data from the supplier, update the supplier label and any other safety information on the container.

(3) Where a label on a hazardous product, or on a container of a hazardous product, in a workplace becomes illegible or is accidentally removed, the employer must replace the label with a supplier label or, where a supplier label is not available, with a workplace label.

(4) Despite paragraph (2)(a) and subsection (3), a label may be removed from a container that has a capacity of 3 mL or less if the label interferes with the normal use of the product in the container.

(5) Where, under the Hazardous Products Regulations (Canada), an employer imports and receives a hazardous product only for use in their workplace, and the hazardous product lacks a supplier label that complies with those Regulations, the employer must affix a workplace label that meets the requirements of this Regulation.

(6) Where an employer receives an unpackaged hazardous product or a hazardous product transported as a bulk shipment and, because of subsection 5.5(2) of the Hazardous Products Regulations (Canada), a supplier label is not affixed to the hazardous product, the employer must affix to the container or to the hazardous product, in the workplace, a workplace label which has the information required of a supplier label.

7

Workplace label for employer produced products

(1) Where an employer produces a hazardous product (other than a fugitive emission) in the employer's workplace, the employer must

(a) ensure that a workplace label is affixed to, printed on or attached to the hazardous product or the container of the hazardous product; and

(b) update the workplace label as soon as significant new data are available to the employer.

(2) Subsection (1) does not apply to a hazardous product that is in a container intended to contain the hazardous product for sale or other disposition, if the container is or is about to be appropriately labeled for that purpose.

8

Workplace label for decanted products

(1) Where a hazardous product in an employer's workplace is in a container other than the container in which it was received from a supplier, the employer must ensure that a workplace label is applied to the container.

(2) Subsection (1) does not apply to a portable container that is filled directly from a container that has applied to it a supplier label or workplace label

(a) if

i. the hazardous product is under the control of and is used exclusively by the worker who filled the portable container,

ii. the hazardous product in the portable container is needed only during the shift in which the portable container was filled, and

iii. the contents of the portable container is clearly identified; or

(b) if all of the hazardous product is required for immediate use.

9

Identification of a hazardous product in piping systems and vessels

Where a hazardous product in an employer's workplace is contained or transferred in

a pipe;
a piping system including valves;
a process vessel;
a reaction vessel; or
a tank car, tank truck, ore car, conveyor belt or similar conveyance,

the employer shall ensure the safe use, storage and handling of the hazardous product through education and training and the use of colour coding, labels, placards or any mode of identification.

10

Placard Identifiers

(1) An employer may fulfill the labeling requirements of this Regulation by posting a placard which

(a) has the information required of a workplace label; and

(b) is of such size and in such a location that the information on the placard is conspicuous and clearly legible to workers.

(2) A placard must be posted under subsection (1) where a hazardous product does not have a supplier label or a workplace label and is

(a) not in a container;

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

i. is not about to be appropriately labeled under subsection 7(2), and

ii. is to be appropriately labeled within the normal course of the employer's business and without undue delay.

11

Laboratory Samples

(1) Where a hazardous product is a laboratory sample and is exempt from the application of the labeling requirements under subsection 5(5) or 5(6) of the Hazardous Products Regulations (Canada), a label provided by the supplier and affixed to, printed on or attached to the container of the hazardous product received at the workplace complies with section 6 of this Regulation if the label has the following information

(a) the chemical name or generic chemical name of any material or substance in the hazardous product that, individually, is classified under the Hazardous Products Act (Canada) and the Hazardous Products Regulations (Canada), in any category or subcategory of a health hazard class and is present above the relevant concentration limit, or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class, if known by the supplier; and

(b) 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 phone number that will enable a caller to obtain the information elements that must be provided on the safety data sheet of the hazardous product.

(2) Where a hazardous product is in a container other than the container in which it was received from a supplier or was produced in the workplace, the employer is exempt from the labeling requirements under section 8 if

(a) the hazardous product is a laboratory sample;

(b) the hazardous product is meant only for use, analysis, testing or evaluation in a workplace that is a laboratory; and

(c) the hazardous product is clearly identified by any mode of identification that is visible to workers at the workplace and the employer has provided worker education and training that allows the workers to readily identify and obtain either the information required on a safety data sheet, if one has been produced, or a label or document disclosing the information referred to at in paragraphs 11(1)(a) and (b) with respect to the hazardous product.

(3) Where a hazardous product is produced in a workplace that is a laboratory, the employer is exempt from the labelling requirements under sections 7 and 8 if the hazardous product

(a) is meant only for evaluation, analysis or testing for research and development, meaning a systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, and including

i. applied research undertaken for the advancement of scientific knowledge with a specific practical application in view, and

ii. use of the results of applied research for the purpose of creating new, or improving existing, processes or hazardous products;

(b) is not removed from the laboratory; and

(c) is clearly identified by any mode of identification that is visible to workers at the workplace and the employer has provided worker education and training that allows the workers to readily identify and obtain either the information required on a safety data sheet, if one has been produced, or such other information as is necessary to ensure the safe use, storage and handling of the hazardous product.

SAFETY DATA SHEETS

12

Supplier safety data sheets

(1) Subject to subsection (5), an employer who acquires a hazardous product for use, handling or storage at the employer's workplace must obtain a safety data sheet for that hazardous product from the supplier (referred to in this section as a "supplier safety data sheet") and that supplier safety data sheet must comply with the Hazardous Products Act (Canada).

(2) If a hazardous product that is used in an employer's workplace is three years old, the employer must, if possible, obtain from the supplier an up-to-date supplier safety data sheet that applies to the hazardous product.

(3) An employer who is unable to obtain a supplier safety data sheet as required by subsection (2) must add to the existing supplier safety data sheet any significant new data applicable to that hazardous product of which the employer is aware or ought to be aware.

(4) An employer may produce, for a hazardous product that is in the employer's workplace, a safety data sheet in a format which is different from the supplier safety data sheet or which contains additional hazard information, if the safety data sheet produced by the employer

(a) subject to section 16, contains no less content than the supplier safety data sheet or such lesser content as is accepted by the joint health and safety committee, if any, or a health and safety representative, if any; and

(b) accurately indicates that the supplier safety data sheet is available in the workplace.

(5) Where under the Hazardous Products Regulations (Canada) a supplier is exempt from the requirement to provide a supplier safety data sheet for a hazardous product, the employer is exempt from the requirement to obtain and provide a safety data sheet for that hazardous product.

(6) Where a hazardous product is received or produced at a workplace that is a laboratory and the employer has produced a safety data sheet for that hazardous product, the employer must ensure that the safety data sheet is readily available to workers in the workplace.

13

Employer safety data sheets

(1) An employer who produces a hazardous product in a workplace (other than a fugitive emission or intermediate products undergoing reaction within a reaction or process vessel) must prepare a safety data sheet that, subject to section 15 of this Regulation and Part 5 of the Hazardous Products Regulations (Canada), complies with the Hazardous Products Regulations (Canada).

(2) If at any time significant new data regarding a hazardous product becomes available to an employer, the employer must update the safety data sheet referred to in subsection (1) as soon as practicable but not later than 90 days after that time.

14

Availability of safety data sheets

An employer must ensure that a copy of a safety data sheet for a hazardous product that is required by section 12 or 13 is readily available to

(a) a worker who may be exposed to the hazardous product;

(b) the joint health and safety committee, if any, and to a health and safety representative, if any; or

(c) a first-aid attendant, as described in Part 18 of the Occupational Health and Safety Regulations, or a health professional who is providing treatment to a worker who may have been exposed to the hazardous product.

15

Exclusion of information

An employer who files a claim for exemption under section 16 may exclude the information that is the subject of the claim from a safety data sheet for the time period set out in subsection 16(3), but the employer must not exclude any hazard information.

16

Confidential business information

(1) An employer who considers information to be confidential business information may claim an exemption from any requirement under this Regulation to disclose that information on a label or safety data sheet by filing a claim for exemption under the Hazardous Materials Information Review Act (Canada).

(2) A claim for exemption under subsection (1) may be made in respect of

(a) in the case of a material or substance that is a hazardous product

i. the chemical name of the material or substance,

ii. the CAS registry number, or any other unique identifier, of the material or substance, or

iii. the chemical name of any impurity, solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the health hazard class under that Act;

(b) in the case of an ingredient that is in a mixture that is a hazardous product

i. the chemical name of the ingredient,

ii. the CAS registry number, or any other unique identifier, of the ingredient, or

iii. the concentration or concentration range of the ingredient;

(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;

(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; or

(f) information that could be used to identify a supplier of a hazardous product.

(3) An employer who has filed a claim for exemption under subsection (1) is not required to disclose

(a) any information that is the subject of the claim until the final disposition of the proceedings under the Hazardous Materials Information Review Act (Canada) in relation to the claim; or

(b) any information in respect of a claim or a portion of the claim determined to be valid until the third anniversary of the final disposition of the proceedings under the Hazardous Materials Information Review Act (Canada) in relation to the claim.

(4) Any appeal of an order or decision made under the Hazardous Materials Information Review Act (Canada) in respect of a claim for exemption made under subsection (1) of this Regulation must be made under that Act.

17

Disclosure of claims for exemption

(1) An employer who has claimed an exemption under section 16 from a requirement to disclose information on a label or safety data sheet must provide on the label or safety data sheet a statement that a claim was filed, the date that the claim was filed and the registry number assigned to the claim under the Hazardous Material Information Review Act (Canada).

(2) Subsection (1) applies from the date that the employer files the claim

(a) if an order under subsection 16(1) or 17(1) of the Hazardous Materials Information Review Act (Canada) specifies a period, to the end of that period; or

(b) if paragraph (a) does not apply, until 30 days after the final disposition of the proceedings in relation to the claim.

18

Disclosure of exemption

An employer who has claimed an exemption under section 16 from a requirement to disclose information on a label or safety data sheet and receives notice under the Hazardous Materials Information Review Act (Canada) that their claim or a portion of their claim for exemption is valid must, during the period set out in subsection 16(3), provide on the safety data sheet and, if applicable, on the label of the hazardous product or the container in which the hazardous product is packaged, a statement that an exemption has been granted, the date of the decision granting the exemption and the registry number assigned to the claim under the Hazardous Material Information Review Act (Canada).

19

Disclosure of information elements

(1) An employer who produces a hazardous product in the employer’s workplace and under section 16 of this Regulation files a claim for exemption under paragraph 11(2)(a) or subparagraph 11(2)(b)(i) or (ii) of the Hazardous Materials Information Review Act (Canada) meets the requirements of subsection 13(1) if that employer prepares a safety data sheet for that hazardous product disclosing the following in place of the information elements listed in subsection 3(1) or paragraphs 3(2)(a),(b) and (c) of Schedule 1 to the Hazardous Products Regulations (Canada)

(a) in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance; or

(b) in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that, individually, is classified in any category or subcategory of a health hazard class and is present above the relevant concentration limit or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class.

(2) An employer who produces a hazardous product in the workplace and under section 16 files a claim for exemption under subparagraph 11(2)(b)(iii) of the Hazardous Materials Information Review Act (Canada) meets the requirements of subsection 13(1) if that employer prepares a safety data sheet for that hazardous product that does not disclose the information element listed in paragraph 3(2)(d) of Schedule I to the Hazardous Products Regulations (Canada).

(3) An employer who produces a hazardous product in the workplace and under section 16 files a claim for exemption under paragraph 11(2)(d) of the Hazardous Materials Information Review Act (Canada) meets the requirements of subsection 13(1) if that employer prepares a safety data sheet for that hazardous product disclosing, in place of the product identifier, a code name or code number for the product.

20

Confidentiality of Information

(1) Where information is obtained from a supplier or employer for the purposes of the Hazardous Materials Information Review Act (Canada) and is communicated to the board pursuant to that Act, the board shall keep such information confidential and shall not disclose such information to any person except for the purposes of the administration or enforcement of the Workers' Safety and Compensation Act.

(2) Any person to whom information is disclosed by the board under subsection (1) shall keep the information confidential.

21

Disclosure of information in medical emergencies

(1) An employer must, in respect of any hazardous product present or formerly present in the employer's workplace, provide to a health professional who requests information about the hazardous product for the purpose of making medical diagnosis of, or rendering medical treatment to, a person in a medical emergency, all information in the possession of the employer regarding the hazardous product, including any information that the employer considers confidential business information.

(2) A health professional who requests information about a hazardous product for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in a medical emergency must not use for any other purpose any information that, because of an exemption under the Hazardous Materials Information Review Act (Canada) or these Regulations, is excluded from a label or safety data sheet but is provided by an employer to the health professional who informs the health professional that the information is to be kept confidential.

22

Disclosure only in accordance with sections 20 and 21 No person who obtains any information pursuant to section 20 or 21 shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information, except as may be necessary for the purposes mentioned in that section.

23

Disclosure of source of toxicological data

(1) An employer who produces a hazardous product in the employer's workplace must, in respect of the safety data sheet prepared for that hazardous product, provide the source of any toxicological data used in preparing the safety data sheet as soon as reasonably possible in response to a request made by

(a) an officer;

(b) a worker in the workplace;

(d) if there is no joint health and safety committee or health and safety representative, a representative of the workers in the workplace.

(2) An employer who has claimed an exemption under section 16 from a requirement to disclose the source of toxicological data on a safety data sheet is not required to comply with subsection (1), but must comply with sections 16 to 19 and 21.

24

Transitional period

(1) In this section "WHMIS 1988" means the Workplace Hazardous Materials Information System Regulations (OIC 1988/107) as they read immediately before this Regulation came into force; « Règlement de 1988 » "WHMIS 2015" means this Regulation, read without reference to this section. « Règlement de 2015 »

(2) If, at any time, there is in an employer's workplace a hazardous product for which WHMIS 2015 requires a label and

(a) if the time is before December 1, 2018

i. and the hazardous product appears to be labelled in accordance with WHMIS 2015, the employer must ensure that the label complies with WHMIS 2015, or

ii. in any other case, the employer must ensure that the label complies with WHMIS 1988; or

(b) if the time is after November 30, 2018, the employer must ensure that the label complies with WHMIS 2015.

(3) If, at any time, there is in an employer's workplace a hazardous product for which section 12 or 13 of WHMIS 2015 requires a safety data sheet and

(a) if the time is before December I, 2018

i. and the hazardous product is labelled in accordance with WHMIS 2015, the employer must ensure that the safety data sheet complies with WHMIS 2015, or

ii. and the hazardous product is labelled in accordance with WHMIS 1988, the employer must ensure that the safety data sheet complies with WHMIS 1988;

(b)if the time is after November 30, 2018, the employer must ensure that the safety data sheet complies with WHMIS 2015.

(4) If a hazardous product labelled in accordance with WHMIS 2015 is received in a workplace, the employer must immediately comply with sections 4 and 5 of WHMIS 2015.

(5) This section does not apply after November 30, 2018.