WHMIS

7. (1) An employer shall ensure that every worker who works with or who may be exposed in the course of his or her work to a hazardous product is instructed in,

(a) the contents required on labels and the purpose and significance of the information contained on the labels;

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

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

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

(i) a pipe,

(ii) a piping system including valves,

(iii) a process vessel,

(iv) a reaction vessel, or

(v) a tank car, a tank truck, an ore car, a conveyor belt or a similar conveyance;

(e) procedures to be followed when fugitive emissions are present; and

(f) procedures to be followed in case of an emergency involving a hazardous product.

(2) An employer shall ensure that the program of worker education required by subsection (1) is developed and implemented for the employer's workplace and is related to any other training, instruction and prevention programs at the workplace.

(3) An employer shall ensure, so far as is reasonably practicable, that the program of worker instruction required by subsection (1) results in the workers being able to use the information to protect their health and safety.

[O. Reg. 168/16, s. 7; 458/18, s. 2]

8. (1) An employer shall ensure that every hazardous product not in a container, and every container of a hazardous product, received at a workplace from a supplier is labelled with a supplier label.

(2) No employer shall alter a supplier label on a container in which a hazardous product is received from a supplier while any of the hazardous product remains in the container.

(3) If a label applied to a hazardous product or a container of a hazardous product becomes illegible or is removed, an employer shall replace the label with either a supplier label or a workplace label.

(4) Despite subsections (2) and (3), a supplier label may be removed from a container with a capacity of 3 mL or less if the label interferes with the normal use of the hazardous product.

(5) If an employer receives significant new data from a supplier about a hazardous product, the employer shall, as soon as practicable, attach to every relevant supplier label required under this section, new information that reflects the significant new data.

(6) An employer who imports and receives, under the Hazardous Products Regulations (Canada), a hazardous product for use in the employer’s own workplace, without a supplier label or with a supplier label that does not meet all the labelling requirements of the Hazardous Products Regulations (Canada), shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product.

(7) An employer who receives at a workplace an unpackaged hazardous product without a supplier label or a hazardous product transported as a bulk shipment without a supplier label, shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product.

(8)Despite subsection (1), an employer shall replace a WHMIS 1988 supplier label on a hazardous product, or container of a hazardous product, by affixing to the product or container a workplace label or a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product if,

(a) the hazardous product or container was received at a workplace from a supplier on or before August 31, 2018;

(b) the employer is unable to obtain a supplier label; and

(c) the WHMIS 1988 supplier label would have complied with whichever of the following is applicable:

(i) the provisions of this Regulation relating to supplier labels for that hazardous product as they read immediately before July 1, 2016,

(ii) section 13 of this Regulation, as it read immediately before July 1, 2016,

(iii) section 14 of this Regulation, as it read immediately before July 1, 2016.

(9) Despite subsection (8), an employer may replace a WHMIS 1988 supplier label provided by a supplier under section 14 of this Regulation, as it read immediately before July 1, 2016, with a label that includes the information required by section 14 of this Regulation, as it currently reads, if the conditions set out in section 14 are met.

(10) In this section,

"WHMIS 1988 supplier label" means,,

(a) a supplier label as defined by this Regulation, as it read immediately before July 1, 2016,

(b) a label provided by a supplier under section 13 of this Regulation, as it read immediately before July 1, 2016, or

(c) a label provided by a supplier under section 14 of this Regulation, as it read immediately before July 1, 2016.

(11) Repealed. [O. Reg. 3/19, s. 1]

[O. Reg. 168/16, s. 8; 458/18, s. 3; 3/19, s. 1]

9. (1) An employer who produces a hazardous product in a workplace shall ensure that the hazardous product or the container of the hazardous product has a workplace label.

(2) Subsection (1) does not apply when the hazardous product is in a container that is intended to contain it for sale or disposition and the container is, or is about to be, appropriately labelled.

(3) An employer shall update a workplace label referred to in subsection (1) as soon as practicable after significant new data about the product becomes available to the employer.

[O. Reg. 168/16, s. 9]

10. (1) If a hazardous product that an employer receives in a container from a supplier is transferred to another container, the employer shall ensure that the other container has a workplace label.

(2) No supplier label, workplace label or label affixed under subsection 8 (8) is required on a portable container that is filled directly from a container of a hazardous product with a supplier label, workplace label or label affixed under subsection 8 (8),

(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 is used only during the shift in which the portable container was filled, and

(iii) the contents of the portable container are clearly identified; or

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

[O. Reg. 458/18, s. 4, 3/19, s. 2]

14. (1) No supplier label is required on a laboratory sample of a hazardous product if,

(a) the laboratory sample is exempt from labelling requirements under subsection 5 (5) or (6) of the Hazardous Products Regulations (Canada); and

(b) the supplier provides a label that is affixed to a container of the hazardous product and that discloses the information described in subsection (2).

(2) A label referred to in clause (1) (b) shall disclose the following information about the hazardous product:

1. The chemical name or generic chemical name, if known to the supplier, of every material or substance in the hazardous product where,

i. individually, the material or substance is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and is present above the relevant concentration limit, and

ii. in a mixture, the material or substance is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.

2. 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 insert the number described in paragraph 3".

3. An emergency telephone number for the purposes of obtaining the information that must be provided on the safety data sheet for the hazardous product.

[O. Reg. 168/16, s. 10]

17. (1) An employer who receives a hazardous product from a supplier for use, storage or handling at a workplace shall obtain a supplier safety data sheet for the hazardous product from the supplier unless the supplier is exempted under the Hazardous Products Regulations (Canada) from providing a safety data sheet for the hazardous product.

(2) An employer shall update a supplier safety data sheet obtained under subsection (1) as soon as practicable after significant new data about the product is provided by the supplier or otherwise becomes available to the employer.

(3) An employer may provide a safety data sheet in a different format from that of the supplier safety data sheet for the hazardous product or containing additional hazard information if,

(a) the safety data sheet provided by the employer, subject to subsection 40 (6) of the Act, 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-provided safety data sheet indicates that fact.

[O. Reg. 168/16, s. 11]

18. (1) An employer who produces a hazardous product at a workplace shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet.

(1.1) An employer who affixes a label under subsection 8 (8) or (9) or section 13, and who is unable to obtain a supplier safety data sheet for the hazardous product, shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet.

(2) No safety data sheet is required for a hazardous product that is a laboratory sample produced by the employer at the workplace.

(3) An employer shall update a safety data sheet referred to in subsection (1) as soon as practicable but not later than 90 days after significant new data about the hazardous product becomes available to the employer.

[O. Reg. 168/16, s. 12; 458/18, s. 6]

42. (1) In addition to providing information and instruction to a worker as required by clause 25(2)(a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed.

(2) The instruction and training to be given under subsection (1) shall be developed and implemented by the employer in consultation with the committee or health and safety representative, if any, for the workplace.

(3) An employer shall review, in consultation with the committee or health and safety representative, if any, for the workplace, the training and instruction provided to a worker and the worker's familiarity therewith at least annually.

(4) The review described in subsection (3) shall be held more frequently than annually, if,

(a) the employer, on the advice of the committee or health and safety representative, if any, for the workplace, determines that such reviews are necessary; or

(b) there is a change in circumstances that may affect the health or safety of a worker.