A-3.1 Explain the Hazardous Products Legislation

Working with chemicals and other hazardous materials is a normal part of many jobs in the piping trades. To keep workers safe, the Government of Canada and WorkSafeBC have established laws that control how hazardous products are classified, labelled, and used in the workplace. These laws make sure that everyone—from suppliers and employers to workers—has the information needed to handle materials safely and prevent exposure or injury.

The most important concept to remember about handling hazardous material is that you are responsible for your own safety and the safety of others.

Purpose of WHMIS

The Workplace Hazardous Materials Information System (WHMIS) is Canada’s national hazard communication standard. The overall purpose of WHMIS is to help ensure a safer, healthier workplace. WHMIS is also known as the Right to Know requirement. Your knowledge about the workplace is your biggest asset in successfully understanding and benefiting from WHMIS.

Legislation

WHMIS is implemented through a combination of federal and provincial legislation. The main purpose of the federal WHMIS legislation is to require the suppliers of hazardous materials used in the workplace to provide health and safety information about their products as a condition of sale. The main purpose of the provincial WHMIS legislation is to require employers to obtain health and safety information about hazardous materials in the workplace and to pass this information on to workers.

There are a number of pieces of federal legislation that implement WHMIS:

  • The Hazardous Products Act places duties on suppliers to provide up-to-date labels and safety data sheets (SDSs) to their customers.
  • The Hazardous Products Regulation, established January 30, 2015, under the amended Hazardous Products Act, defines what a hazardous product is and sets the classifications, labelling, and required information to be found on SDSs. This regulation has replaced the previous Controlled Products Regulations (CPR) and the Ingredient Disclosure List.
  • The Hazardous Materials Information Review Act establishes the Hazardous Materials Information Review Commission, which is the federal agency that rules on claims for exemption from disclosing confidential business information. This Act also defines the type of information a supplier or employer may withhold from a label or SDS.
  • The Hazardous Materials Information Review Regulations set out the criteria that the commission uses when assessing the validity of a claim for exemption. They also set out the fees for filing a claim for exemption or appealing a decision of the commission.

Globally Harmonized System

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) is an internationally agreed-upon system, created by the United Nations. It was designed to replace the various chemical classification and labelling standards used in different countries by using consistent criteria for hazard classification and labelling at a global level. Its development began at the United Nations Rio Conference in 1992.

Before GHS, countries—and even regions within the same country—used different systems for classifying and labelling chemical products. This situation created confusion for workers who needed to understand chemical hazards in order to work safely. It was also costly for companies required to comply with multiple systems and challenging and expensive for governments to regulate and enforce. The goal of GHS is to establish one common set of rules for classifying hazards and a consistent format and content for labels and safety data sheets (SDSs) will be adopted worldwide.

In December 2011, the Joint Action Plan for the Canada-U.S. Regulatory Cooperation Council (RCC) was announced. It included a key commitment to “align and synchronize implementation of common classification and labelling requirements for workplace hazardous chemicals” within the mandates of the U.S. Occupational Safety and Health Administration (US-OSHA) and Health Canada.

In Canada, on June 19, 2014, legislative amendments to the Hazardous Products Act (HPA), along with related amendments to other federal acts, including the Hazardous Materials Information Review Act, received Royal Assent. As a result, Health Canada repealed and replaced the Controlled Products Regulations (CPR) with the Hazardous Products Regulations (HPR) to implement GHS. These federal changes also led to updates to provincial and territorial occupational health and safety legislation and regulations.

WHMIS was first introduced in 1988 through a coordinated set of federal, provincial, and territorial laws and regulations. Adopting GHS did not change the basic roles and responsibilities of suppliers, employers, and workers under WHMIS. Instead, GHS elements were incorporated into the existing system, introducing standardized hazard classifications, label requirements, and SDS formats, and aligning WHMIS with the Joint Action Plan commitments.

For the sake of clarity, the original WHMIS is now referred to as WHMIS 1988, and the updated version is called WHMIS 2015. The transition from WHMIS 1988 to WHMIS 2015 was completed in December 2018. During the transition period, workers may have encountered both systems. For more detailed information, refer to the Canadian Center for Occupational Health and Safety (CCOHS): WHMIS website.

Hazardous Products

WHMIS defines a hazardous product as a product that poses a physical hazard or health hazard and meets the criteria for inclusion in one or more of the 31 hazard classes. Some hazard classes are further divided into categories  (also called types), which show how severe the hazard is. Product suppliers classify hazardous products and assign one or more appropriate pictograms (symbols) that must appear on the supplier label.

WHMIS provides information about many hazardous materials used in the workplace, known as hazardous products. Under WHMIS, workers have the right to receive information about each hazardous product they use, including its identity, hazards, and safety precautions. This information helps reduce exposure to hazardous materials and supports safe work practices.

Products Not Covered by WHMIS

Some hazardous products are covered by other legislation and therefore are either exempt or excluded from WHMIS requirements. They will have labelling and hazard information meeting their legislative requirements. The products excluded from WHMIS are:

Recognition of Rights and Responsibilities

WHMIS specifies the duties for suppliers, employers and workers (Table 1):

Table 1: WHMIS Rights and Responsibilities
Group Responsibilities Key Duties
Suppliers Suppliers of hazardous products must ensure products are properly classified and provide up-to-date SDSs for all hazardous products they sell or produce. If new significant data becomes available about a product, the supplier must provide an updated SDS within 90 days of becoming aware of the changes. Suppliers must also provide supplier labels on all containers of hazardous products they sell or produce.
  • Ensure hazardous products are properly classified
  • Provide up-to-date Safety Data Sheets (SDSs) for all hazardous products sold or produced
  • Update SDSs within 90 days if new important information becomes available
  • Provide supplier labels on all containers of hazardous products
Workers Workers must know and understand the information on all labels and SDSs. They must use the information they receive through education and training to handle hazardous products safely.
  • Understand the information on labels and SDSs
  • Use training and SDS information to handle hazardous products safely
Employers Employers must ensure that there is an up-to-date SDS for each hazardous product supplied to the workplace. Copies of supplier and employer SDSs must be accessible to employees. The sheets must be placed close to work areas and made available during each work shift. Workers must be taught what to look for in a data sheet, and they must be given an opportunity to become familiar with the information the sheets carry. Employers are responsible for workplace labels when required.

While some products, covered by other legislation, may be exempt from all of the WHMIS requirements, employers must still provide education and training on the health effects, safe use, and storage of these products.
  • Ensure an up-to-date SDS is available for each hazardous product in the workplace
  • Make SDSs accessible to workers during every work shift and near work areas
  • Train workers on how to read and use SDSs
  • Provide workplace labels when required
  • Provide education and training for products exempt from WHMIS but still hazardous
Regulators (WorkSafeBC) WorkSafeBC staff administer WHMIS legislation. This includes providing general information about WHMIS to employers and workers as well as ensuring compliance with both federal and provincial WHMIS legislation.
  • Administer and enforce WHMIS legislation
  • Provide information and guidance to employers and workers
  • Ensure compliance with federal and provincial WHMIS requirements

 

Hazardous Product Classifications

There are two groups of hazardous products: those posing physical hazards and those posing health hazards. The products within these two hazard groups are further divided into hazard classes. A hazardous product may fall into more than one hazard class.

Physical Hazards

The physical hazards group includes the following hazard classes:

  • Combustible dusts
  • Corrosive to metals
  • Flammable aerosols
  • Flammable gases
  • Flammable liquids
  • Flammable solids
  • Gases under pressure
  • Organic peroxides
  • Oxidizing gases
  • Oxidizing liquids
  • Oxidizing solids
  • Pyrophoric gases
  • Pyrophoric liquids
  • Pyrophoric solids
  • Self-heating substances and mixtures
  • Self-reactive substances and mixtures
  • Simple asphyxiants
  • Substances and mixtures which, in contact with water, emit flammable gases
  • Physical hazards not otherwise classified

Note: Explosives are not included in WHMIS 2015 because they are covered by other legislation.

Health Hazards

The health hazards group includes the following hazard classes:

  • Acute toxicity
  • Aspiration hazard
  • Biohazardous infectious materials
  • Carcinogenicity
  • Germ cell mutagenicity
  • Reproductive toxicity
  • Respiratory or skin sensitization
  • Serious eye damage/eye irritation
  • Skin corrosion/irritation
  • Specific target organ toxicity—single exposure
  • Specific target organ toxicity—repeated exposure
  • Health hazards not otherwise classified

Note: An environmental hazards group exists in GHS. This group (and its classes) was not adopted in WHMIS 2015 since it is beyond the direct scope of WHMIS legislation (i.e., workplaces). However, you may see the environmental classes listed on labels and SDSs.

Hazard Categories

Each hazard class is divided into categories or types that show how dangerous the hazard is. Categories are identified by numbers (1, 2, 3, etc.), and types are identified by letters (A, B, C, etc.). In general, lower numbers and earlier letters mean a greater hazard or danger. For example, a Category 1 oxidizing liquid is more dangerous than a Category 2 oxidizing liquid. If a category is further divided into subcategories, such as 1A and 1B, then 1A represents the higher level of hazard.

Note: There are some exceptions to this system. For the “gases under pressure” hazard class, categories such as “compressed gas,” “liquefied gas,” “refrigerated liquefied gas,” and “dissolved gas” describe the physical form of the gas when packaged, not how severe the hazard is.

Self-Test A-3.1: Explain the Hazardous Products Legislation

Complete Self-Test A-3.1 and check your answers.

If you are using a printed copy, please find Self-Test A-3.1 and Answer Key at the end of this section. If you prefer, you can scan the QR code with your digital device to go directly to the interactive Self-Test.

References

BC Industry Training Authority. (2019). Piping trades apprenticeship program: Perform safety related functions—Level 1 harmonized [Binder]. Crown Publications, Queen’s Printer for British Columbia. https://www.crownpub.bc.ca/Product/Details/7960000260_S

Camosun College. (2015). Line A: Safe Work Practices — Competency A-3: Handle Hazardous Materials Safely (BCcampus). https://collection.bccampus.ca/textbook/PMfB6kHM/

Camosun College. (2015). Trades Access Common Core Competency A-3: Handle Hazardous Materials Safely. Victoria, B.C.: Crown Publications. Download for free from the B.C. Open Textbook Collection (https://open.bccampus.ca/browse-ourcollection/find-open-textbooks/).

Canadian Centre for Occupational Health and Safety. (n.d.). WHMIS and GHS — General information. https://www.ccohs.ca/oshanswers/chemicals/whmis_ghs/general.html

Government of Canada. (n.d.-a). Controlled Products Regulations (SOR/88-456). https://laws-lois.justice.gc.ca/eng/regulations/sor-88-456/

Government of Canada. (n.d.-b). Hazardous Products Act (R.S.C., 1985, c. H-3). https://laws-lois.justice.gc.ca/eng/acts/e-17/

Government of Canada. (n.d.-c). Hazardous Products Regulations (SOR/2015-17). https://laws-lois.justice.gc.ca/eng/regulations/sor-2015-17/index.html

Government of Canada. (n.d.-d). Canada Consumer Product Safety Act (S.C. 2010, c. 21).
https://laws-lois.justice.gc.ca/eng/acts/c-1.68/

Government of Canada. (n.d.-e). Explosives Act (R.S.C., 1985, c. E-17).
https://laws-lois.justice.gc.ca/eng/acts/e-17/

Government of Canada. (n.d.-f). Food and Drugs Act (R.S.C., 1985, c. F-27).
https://laws-lois.justice.gc.ca/eng/acts/f-27/

Government of Canada. (n.d.-g). Nuclear Safety and Control Act (S.C. 1997, c. 9).
https://laws-lois.justice.gc.ca/eng/acts/n-28.3/

Government of Canada. (n.d.-h). Pest Control Products Act (S.C. 2002, c. 28).
https://laws-lois.justice.gc.ca/eng/acts/p-9.01/

Government of Canada. (n.d.-i). Tobacco and Vaping Products Act (S.C. 1997, c. 13).
https://laws-lois.justice.gc.ca/eng/acts/t-11.5/

Health Canada. (n.d.). Globally Harmonized System of Classification and Labelling of Chemicals (GHS). https://www.canada.ca/en/health-canada/services/environmental-workplace-health/occupational-health-safety/workplace-hazardous-materials-information-system/globally-harmonized-classification-labelling-chemicals.html

Health Canada. (n.d.). Workplace Hazardous Materials Information System (WHMIS). https://www.canada.ca/en/health-canada/services/environmental-workplace-health/occupational-health-safety/workplace-hazardous-materials-information-system.html

 

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