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Guidelines Part 5

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Guidelines Part 5 - Workplace Hazardous Materials Information System (WHMIS)

G5.3-1 WHMIS Application

Issued August 1, 1999; Editorial Revision January 2005

Section 5.3 of the OHS Regulation states:

(1) Sections 5.3 to 5.19 (the WHMIS Requirements) apply to employers and workers with respect to controlled products used, stored or handled at a workplace, except as provided in subsections (2) to (4).

(2) The provisions concerning a supplier label and MSDS do not apply if the controlled product is

(a) an explosive within the meaning of the Explosives Act (Canada),

(b) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act (Canada),

(c) a control product within the meaning of the Pest Control Products Act (Canada),

(d) a prescribed substance within the meaning of the Atomic Energy Control Act (Canada) or any successor legislation, or

(e) a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

(3) The provisions do not apply if the controlled product is

(a) wood or a product made of wood,

(b) tobacco or a product made of tobacco,

(c) a manufactured article, or

(d) being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada) or the Transport of Dangerous Goods Act.

(4) The provisions do not apply to a hazardous waste, except that the employer must ensure the safe storage and handling of a hazardous waste generated at the workplace through the combination of worker education and the information required by this Regulation.

Note: For products partially or completely exempted from WHMIS by subsections (2) to (4), the general information requirements of section 5.2 must be met. Also, information requirements are specified elsewhere for particular groups of substances, for example, hazardous wastes in sections 5.76 to 5.81; pesticides in Part 6 (Substance Specific Requirements), and explosives in Part 21 (Blasting Operations).

"Controlled product" is defined in section 2 of the federal Hazardous Products Act as "any product, material or substance specified by the regulations...to be included in any of the classes listed in Schedule II." Schedule II sets out the following classes:

The contents of these classes are set out in the Controlled Products Regulations made under the Hazardous Products Act.

G5.3-2 Fire extinguishers (adopted from WHMIS Bulletin #4)

Issued August 1, 1999

Any extinguisher pressurized to more than 2.71 atmospheres (40 psi) at 21.1°C (70°F) meets the criterion for inclusion in WHMIS Class A, Compressed Gases. Some retardants (or performance additives to prevent effects such as freezing or corrosion) may meet criteria for inclusion in WHMIS Class D, Poisonous and Infectious Materials. (In addition, older soda-acid extinguishers will fall into WHMIS Class E.) Refer to sections 34 and 43 of the Controlled Products Regulations.

Fire extinguishers do not qualify for exemption from WHMIS as manufactured articles, as per section 12(1) of the Hazardous Products Act, because under normal conditions of use they will expose workers to a compressed gas or other controlled products.

The following stipulations apply (except in the case described in the *NOTE below) to fire extinguishers intended for use in the workplace and that meet criteria for inclusion in WHMIS because of a compressed gas, toxic effect or other criteria.

Suppliers who sell extinguishers for use in the workplace must apply WHMIS supplier labels to the extinguishers and provide an MSDS (see definition for supplier label in section 5.1 of the OHS Regulation as well as section 5.8).
A firm which recharges a fire extinguisher for an employer must apply a WHMIS supplier label to the extinguisher and provide an MSDS, if these are not already applied and provided. (Note: where an employer recharges extinguishers "in house" a workplace label will suffice if a supplier label is not already on the extinguisher.)
A detachable pressurized cartridge used to pressurize a dry chemical extinguisher must be provided with a WHMIS label (in addition to the label on the extinguisher) unless the cartridge is immediately installed on the extinguisher after the cartridge is pressurized. Suppliers who pressurize such cartridges must provide a supplier label; employers who pressurize their own cartridges must provide, at minimum, a workplace label. Labels must be applied to individual cartridges unless an alternative acceptable arrangement is used. (An example of an acceptable alternative is to provide a WHMIS label on the container of individual cartridges as long as cartridges are immediately installed on the extinguisher after being removed from the container. Where a supplier and employer wish to adopt this alternative or any arrangement in which the employer undertakes to apply supplier labels to cartridges contained in an outer container, the employer must establish the arrangement in writing.)

A generic MSDS covering both the cartridge and the extinguisher will be considered acceptable for the purposes of providing an MSDS on the cartridge.

*NOTE:
Extinguishers which contain aliphatic halogenated hydrocarbons and are packaged in a size of container which is sold on a retail basis to the public may, in lieu of a WHMIS label and MSDS, bear a consumer label consistent with consumer labelling and packaging requirements under the Hazardous Products Act.

G5.3-3 Cylinders of breathing air (adopted from WHMIS Bulletin #5)

Issued August 1, 1999

What are the requirements to provide labels, MSDS and worker education and training on compressed gas cylinders of breathing air?

Compressed air cylinders used in self-contained breathing apparatus fall into WHMIS Class A, Compressed Gases.

Provincial requirements (for cylinders filled in-house)

Material Safety Data Sheets: MSDS's must be provided for synthetic mixtures of breathing gases. For cylinders of compressed respirable atmospheric air, an MSDS will not be required, as this air must meet the air quality required by the OHS Regulation.
Labels: Workplace labels specifying the product identity and reference to the MSDS are required on synthetic mixtures of breathing gases. Safe handling instructions must be provided through the worker education and training program. For cylinders of respirable atmospheric air which are identifiable to workers by size and shape, for which an MSDS is not required, and where worker instruction in the safe use of the SCBA is in place as required by part 8 of the OHS Regulation, further labelling or means of identification is not necessary.

Federal requirements (for pressurized cylinders sold or imported, or filled on contract)

Suppliers who provide cylinders with compressed synthetic mixtures for breathing purposes for use in a workplace must apply supplier labels and provide MSDS's.
Suppliers who provide cylinders with compressed atmospheric air for breathing purposes for use in the workplace will not be required to provide an MSDS and a reference to the MSDS on the supplier label on condition that the supplier label:
includes all other six elements (the product and supplier identifiers, Class A hazard symbol, specific risk phrases and precautionary statements, and first aid measures where appropriate),
is surrounded by the WHMIS border, and
includes a precautionary statement to the effect "Ensure cylinder is filled with air meeting the quality standards of the local regulatory agency."

NOTE:
If an outside contractor (who is not the original supplier of the cylinder) refills cylinders with atmospheric air, the contractor would be required only to provide his/her supplier identifier if the original supplier label was illegible. Otherwise, the contractor would be required to provide a supplier label as per the second bullet above.

G5.3-4 Exemptions (adopted from WHMIS Bulletin #9)

Issued August 1, 1999

Partially exempted products

Section 5.3(2) of the OHS Regulation exempts controlled products covered under subsections (a) to (e) only from the requirements for a supplier label and a material safety data sheet. All other aspects of the WHMIS program apply, including sections 5.6 and 5.7. In order that the employer can meet obligations for education and training of staff, he/she must search for hazard information and will normally approach the supplier first. While an MSDS is the obvious solution, the supplier may provide information in any format. If an MSDS is provided, it need not meet all the requirements that govern a WHMIS MSDS, but should contain sufficient information to allow safe use, handling and storage of the controlled product. Suppliers are encouraged to provide an MSDS meeting WHMIS standards.

Completely exempted products

Controlled products falling into the categories in section 5.3(3) of the OHS Regulation are exempt from all aspects of the federal and provincial WHMIS regulations. The requirement for information on these materials falls within the scope of section 5.2 of the OHS Regulation. Provision of MSDS by suppliers will assist employers in meeting their obligations under these sections.

Hazardous wastes

Under section 5.3(4) of the OHS Regulation an employer is responsible for providing sufficient information for safe handling and storage of a hazardous waste generated at that place of employment. Since the employer has first hand knowledge about the process generating the hazardous waste, it falls to the employer to identify the material and educate the employees. Information from MSDSs for waste components or precursors combined with the process knowledge will be the source of the information given to employees.

NOTE:

The information required for partially and completely exempted products and wastes will cover items such as hazards (toxicity, fire and explosion, reactivity), storage information, safe work procedures, protective equipment, spill, leakage and fire-fighting information, and first aid measures. No matter whether the controlled product is included fully in the WHMIS program or is partially or completely exempted, employees must know the hazard(s), how to protect themselves in normal work and in emergency situations, and where to find more information when it is needed.
For consumer products which are partially exempt from federal WHMIS requirements, WHMIS Core Material (1989) states "In such cases, the supplier is encouraged to make an MSDS available on request" (p. 2-59).
For pesticides, which are partially exempt, Agriculture Canada has stated in the Memorandum to Registrants #R-1-235 "It is possible that MSDS's may become mandatory for pesticides. Registrants are encouraged to supply, on a voluntary basis, MSDS's on their actives/products in a WHMIS format."

G5.3-5 Leaded surface coating materials

Revised April 9, 2009

Regulatory excerpt
Section 5.3(2)(e) of the Occupational Health and Safety Regulation ("OHS Regulation") states that:

(2) The provisions concerning a supplier label and MSDS do not apply if the controlled product is

...

(e) a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

Purpose of guideline
The purpose of this guideline is to clarify the application of supplier label and Material Safety Data Sheet ("MSDS") requirements to leaded surface coating materials.

WHMIS requirements
Section 5.3(2)(e) of the OHS Regulation exempts "a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public" from the supplier label and MSDS requirements set out in sections 5.3 to 5.19. This is based on section 12(f) of the federal Hazardous Products Act ("HPA"), which excludes a "product, material or substance included in Part II of Schedule I and packaged as a consumer product." from the provisions governing controlled products.

One type of product previously excluded under Part II of Schedule I of the HPA (Item 31) was liquid coatings containing more than 0.5% by weight of lead. Item 31 has been amended. Now, Schedule I excludes all "surface coating materials" regardless of lead content. A "surface coating material" is defined in the federal Surface Coating Materials Regulations ("SCMR") as "a paint or other similar material that dries to a solid film when a layer of it is applied to a surface. It does not include a material that becomes a part of the substrate."

The provisions of the OHS Regulation concerning supplier labels and MSDS do not apply to surface coating materials packaged as consumer products, regardless of whether they contain lead. On the other hand, surface coating materials that are used, stored or handled at a workplace and are not packaged as consumer products, continue to be subject to the supplier label and MSDS requirements in the OHS Regulation.

It should be noted that the SCMR prohibits the advertising, sale and importation of surface coating materials containing a lead concentration exceeding 600 mg/kg (0.06% w/w). Surface coating materials that are used for any of the applications listed in section 4(2) of the SCMR are exempt from this restriction, but specific labelling requirements apply if their lead content does exceed 0.06% w/w. These regulatory requirements are enforced by Health Canada.

G5.3-6 "For industrial use only" labels (adopted from WHMIS Bulletin #10)

Issued August 1, 1999

Do phrases such as "For Industrial Use Only" and "For Professional Use Only" where they appear on labels of containers of controlled products legally imply that the product is "intended for use in the workplace" and that the product is subject to WHMIS information requirements?

The phrases "For Industrial Use Only" and "For Professional Use Only" imply intent for product use in the workplace. Where the product is a controlled product WHMIS requirements apply.
The supplier has the alternative of removing such phrases from the label in order to qualify for any exemption permitted (for example as a consumer product).

G5.3-7 Warehousing of Controlled Products

Issued February 27, 2001

This guideline clarifies the application of the Occupational Health & Safety Regulation relative to federal requirements when a controlled product is "handled" in a warehouse. Section 5.3(3)(d) of the Occupational Health & Safety Regulation states, in part, that the provisions of the WHMIS requirements "do not apply if the controlled product is being transported or handled pursuant to the requirements of the Transportation of the Dangerous Goods Act, 1992 (Canada) or the Transport of Dangerous Goods Act."

The Transportation of Dangerous Goods Act defines handling as "loading, unloading, packing or unpacking dangerous goods in a means of containment or transport for the purpose of, in the course of, or following transportation and includes storing them in the course of transportation." Handling in this context does not include actual use of a controlled product. TDG requirements deal primarily with acute exposures and the use of symbol alerts and placards. Transportation workers are not expected to be exposed to hazards associated with the controlled product unless there is an emergency, short-term circumstance such as a transport vehicle accident and spill. Conversely, worker exposure to controlled products in a workplace can occur in a wider variety of circumstances and over a longer period of time. Hence, WHMIS requirements are more extensive than TDG and include the use of explicit labels and material safety data sheets.

Application of WHMIS or TDG depends on the flow of goods through commerce as outlined in the following flow chart (adapted from the WHMIS Core Material Manual). WHMIS requirements are meant to apply at points of sale or use rather than during shipment. Transportation generally means to and from workplaces.

Figure 5.3 Flow of goods through commerce - where WHMIS and TDG requirements apply

WHMIS, both federal (labels and MSDSs) and provincial (education and training, workplace labels), applies where controlled products are used, processed or repackaged in a warehouse. When warehoused, controlled products can be:

In "trans-shipment" (held in temporary storage between points of shipment)
Repackaged (assembled, packaged, labelled or relabelled)
Used

OHS Regulation sections 5.2(c) and 5.2(d) are non-WHMIS "general information requirements" that apply to a transshipment warehouse where in the case of an emergency or spill of a controlled product, an emergency response system must be established. This requires written emergency and spill cleanup procedures, and effective supervisor and worker training in these procedures.

A controlled product that is repackaged or used is subject to the WHMIS section of the OHS Regulation since workers may be exposed to the hazards of the controlled product.

The following table sets out the legislation and resources that apply to controlled products in a warehouse:

	Federal	Provincial -- Occupational Health and Safety Regulation	Other
Transshipment	TDG	Non-WHMIS sections [5.2(c) & 5.2(d)]	CANUTEC*
Repackaging	HPA/CPR**	WHMIS sections (5.3 - 5.19)
Used	HPA/CPR	WHMIS sections (5.3 - 5.19)

Notes to table:
* CANUTEC (Canadian Transport Emergency Centre), part of the TDG Directorate, Transport Canada, provides hazard information in case of transport-related emergencies situations. Phone: (613) 996-6666.
** HPA/CPR (Hazardous Products Act/Controlled Products Regulations)

G5.3-8 The application of WHMIS in agriculture

Issued January 1, 2005

This guideline provides information to farmers, ranchers and agriculture workers on the general framework of the Workplace Hazardous Materials Information System (WHMIS), the application of regulatory requirements to partially and completely exempted products, and the means of forwarding concerns to WorkSafeBC about products for which suppliers are not providing information meeting WHMIS requirements.

The Workplace Hazardous Materials Information System (WHMIS) was developed in 1988 as a major step in helping to ensure that employers and workers would be provided with information on the hazards and control measures for hazardous materials (termed "controlled products") in the workplace. The requirements were made applicable to agriculture in 1993.

Application to suppliers and workplaces

Broadly speaking, WHMIS applies on two levels.

Suppliers: The suppliers of controlled products are required, under federal legislation, to provide information to employers for controlled products used in the workplace. Typically, the information must be provided in two ways: container labels, and material safety data sheets (MSDS).
Workplace: Employers are required, under provincial legislation, to ensure controlled products received in the workplace have the necessary labels and MSDS, and to ensure that workers are educated and trained in the safe use of the products. Other obligations apply, for example, if a controlled product is transferred from the supplier container to another container in the workplace it is necessary to label or identify the workplace container. Sections 5.3 to 5.19 of the OHS Regulation cover the provincial WHMIS requirements.

Partially and completely exempt products

As shown in section 5.3 of the OHS Regulation, there are different degrees to which controlled products are covered by WHMIS.

Many industrial products are fully covered by WHMIS, meaning the supplier requirements for labels and MSDS apply, and the employer must ensure that workplace obligations under WHMIS are also met. Examples of such products in agriculture include compressed gas cylinders used in welding operations, fuel products on site, and some acids and caustics.

Some products are partially exempt. Examples include pesticides and drugs (including some sterilants and disinfectants). In these cases there isn't a federal requirement for WHMIS labels and MSDS, but typically the products must meet other federal labeling and information requirements specific to them. In the case of pesticides and some other partially exempt products, suppliers will often provide MSDS, and the buyer should obtain an MSDS wherever available. The employer must meet provincial WHMIS requirements for information, education and training of workers and other matters such as workplace labels, as covered in sections 5.3-5.19 of the OHS Regulation. See OHS Guideline G5.3-4 for more information on partially exempt products.

Also, note that section 6.75 of the OHS Regulation requires that employers make readily available to workers an MSDS or its written equivalent for pesticides used at the workplace. Obtaining an MSDS from the pesticide supplier will help ensure that the requirement is met. An MSDS compliant with WHMIS will include information on nine categories of:

Product information
Hazardous ingredients
Physical data
Fire and explosion hazard
Reactivity data
Toxicological properties
Preventive measures
First aid measures
Preparation information

If the MSDS does not fully meet WHMIS standards, but has sufficient information to ensure the health and safety of workers using, transporting or storing the product, the MSDS may be considered acceptable. See OHS Guideline G6.75 for a list of the information that would be considered equivalent.

Some products such as welding rods, which are manufactured articles, are completely exempt from both the federal and provincial WHMIS requirements. In such cases, where the article contains a hazardous material the employer is encouraged to obtain an MSDS if available. Section 5.2 of the OHS Regulation addresses general information requirements for any chemical or biological substance that could cause an adverse health effect, and would apply in this case. Section 5.2 covers general responsibilities to identify the hazards of the substance, educate the worker, and implement and follow safe work procedures. See OHS Guideline G5.3-4 for more information on completely exempt products.

What if a supplier is not providing adequate labels or MSDS where required by WHMIS?

The question has arisen of what can be done to ensure up-to-date MSDS and labels are received from suppliers where federal WHMIS requirements apply to controlled products sold to farmers and ranchers. A nationwide WHMIS administrative system involving all Canadian OHS jurisdictions is in place to help deal with this issue.

Where an agricultural workplace is unable to get the proper WHMIS information for a controlled product from the supplier or distributor, the farmer or rancher is encouraged to contact WorkSafeBC at the WorkSafe Call Centre (604) 276-3100 (long distance toll free at 1-888-621-7233), or the WorkSafeBC Regional Office nearest you. Many of WorkSafeBC occupational hygiene officers are designated to enforce federal WHMIS requirements on suppliers and distributors in this province. Where a distributor is providing product from elsewhere in Canada, WorkSafeBC will forward the concern to the responsible jurisdiction for their follow-up with the supplier.

For more information on the application of WHMIS, see the WorkSafeBC publication, WHMIS at Work, which is available on the WorkSafeBC web site at www.WorkSafebc.com

G5.5 WHMIS program (adopted from WHMIS Bulletin #1)

Issued August 1, 1999

Section 5.5 of the OHS Regulation states:

If controlled products are used in the workplace the employer, in consultation with the occupational health and safety committee, if any, or health and safety representative, if any, must establish and maintain an effective WHMIS program, as part of the overall workplace health and safety program, which

(a) addresses applicable WHMIS Requirements including education and training, and

(b) is reviewed at least annually, or more frequently if required by a change in work conditions or available hazard information.

What is the interpretation of the phrase, "in consultation with the joint occupational health and safety committee" where it applies to the development and implementation of the program of WHMIS instruction?

Consultation means meeting for the purpose of seeking information or advice. An employer has consulted with the joint occupational health and safety committee regarding the program of WHMIS instruction if two conditions are met:

Prior to the finalization of the program of instruction the Committee has the opportunity to review and provide information or advice on the entire program including its content, structure and means of implementation. Content means education in "how WHMIS works", education in the hazards of controlled products and training in work procedures as itemized in section 5(7)(a) to (d). Means of implementation include choice of instructors and the use of any in-course evaluation.
On completion of the implementation of the program of instruction, the employer asks for information and advice from the Committee on the effectiveness of the program.

Where a number of committees has been established in a large workplace, an acceptable arrangement is for the lead (master/central) committee to review the employer's general plan for WHMIS instruction covering the entire workplace, and for satellite (local) committees to review the program of instruction in the areas of their respective responsibilities.

G5.6 Worker education (adopted from WHMIS Bulletin #8)

Issued August 1, 1999

Section 5.6 of the OHS Regulation provides for worker education concerning the WHMIS system. Section 5.7 requires the employer to instruct the worker in the work procedures for implementing WHMIS.

Following are four questions to ask workers to check for adequacy of education and training on controlled products to which workers may be exposed.

What are the hazards of the controlled product?

The answer must reflect the possible adverse effects of the products in question. This demonstrates an understanding of generic hazard information (education).

How are you protected from those hazards?

The answer must demonstrate a worker understanding of proper procedures to follow for any involvement of the worker in the use, storage, handling or disposal of the product and the proper use of personal protective equipment. The answer must reflect adequate workplace control of the hazard by engineering or administrative means.

What do you do in case of an emergency?

The answer must show the worker's understanding of procedures to follow in the event of spill, release, fire or poisoning involving the controlled product, and include the use of personal protective equipment where applicable.

Where can you get further hazard information?

This question focuses on the worker's ability to access the significant information provided on labels and data sheets. Workers must know about the supplier label, workplace label and other means of identification applicable to the use of the product and must know the means of being able to obtain information significant to his/her health and safety from the MSDS.

G5.8-1 Supplier label (adopted from WHMIS Bulletin #2)

Issued August 1, 1999

Sections 13(b) and 14(b) of the Hazardous Products Act(HPA) require suppliers to fix labels to controlled products.

Section 5.8(1) of the OHS Regulation states:

An employer must ensure that the container of a controlled product or a controlled product received at a workplace is labelled with a supplier label." Subsection (3) provides that "If a label applied to a controlled product or a container of a controlled product becomes illegible or is accidentally removed from the controlled product or the container, the employer must replace the label with either a supplier label or a workplace label.

G5.8-2 Labelling on leased or rented chemical application units (adopted from WHMIS Bulletin #2)

Issued August 1, 1999

What are the suppliers' responsibilities to provide labelling on an application unit such as a solvent spray parts washer in the circumstance where the unit is leased or rented to an employer and the supplier, as a condition of the agreement, periodically empties the holding tank on the unit and recharges it with a controlled product?

The unit does not qualify for the manufactured article exemption because workers are likely to be exposed to controlled product during normal conditions of use. Under the Hazardous Products Act, the term "sale" is considered to include rental or leasing. The supplier is obligated to provide and apply a supplier label on the unit. If the label becomes illegible the employer must provide and apply a workplace label or a supplier label as required by section 5.8(3) of the OHS Regulation. He or she should contact the supplier to see if the supplier can provide a new supplier label at the earliest opportunity, for example, when the unit is recharged.

G5.8-3 Multi-container shipments of laboratory samples

Issued August 1, 1999

Sections 14 and 16 of the Controlled Products Regulations contain provisions governing the use of several containers and laboratory samples.

For multi-container shipments of laboratory samples to an outside laboratory the supplier and employer will be considered to meet the intent of legislation with the following procedures.

The supplier ensures the outer container bears a WHMIS supplier label. The label must provide, in addition to other required information items, the identity of all hazardous ingredients known or suspected to be contained in the enclosed samples.
The supplier ensures the container is provided with a lab analysis requisition form or equivalent which describes which inner containers contain (or are suspected to contain) controlled products. (Note: if a requisition form does not call for analysis of the controlled product in question, specific information on the ingredient must still be provided. Example: a blood sample submitted for a white cell count from a patient infected with hepatitis must be accompanied by information on the microorganism.)
The supplier and employer establish an agreement in writing which covers the above two points and provides the employer's assurance that:
- neither the samples nor any supplier information will be removed from the outer container prior to physical receipt by the lab department within the organization which receives shipment, and
- an information system is established in the lab, which ensures that each lab worker who could be exposed to a controlled product in any inner container knows the information, which would otherwise be required on a WHMIS label applied to the inner container. (This could be accomplished, for example, by instruction of the worker in the supplier identifier and emergency number combined with a means of identifying the specific hazardous ingredient in the lab sample.)

G5.14-1 Supplier material safety data sheet (MSDS)

Issued August 1, 1999

Section 13(a) and 14(a) of the Hazardous Products Act require a supplier to provide a MSDS with controlled products. Section 5.14(1) of the OHS Regulation states:

An employer who acquires a controlled product for use at a workplace must obtain a supplier MSDS for that controlled product if the supplier is required to prepare an MSDS.

Section 5.14(2) states:

When a supplier MSDS obtained under subsection (1) for a controlled product is 3 years old, the employer must, if possible, obtain from the supplier an up-to-date supplier MSDS for the controlled product if any of the product remains in the workplace.

G5.14-2 Fees (adopted from WHMIS Bulletin #3)

Issued August 1, 1999

Can suppliers charge a fee for a material safety data sheet either as a direct fee or in the form of shipping/handling expense?

If, under section 13(a) or 14(a) of the Hazardous Products Act, a supplier is required to provide a MSDS as a condition of sale or importation to a workplace, a supplier may not charge the purchaser a fee for the MSDS. This applies to the MSDS sent out with first shipment or where an employer requests an updated MSDS, in conformity with section 5.14(2) of the OHS Regulation.

However, where an employer is required to obtain an MSDS for a controlled product purchased prior to a supplier compliance point, legislation does not prohibit the supplier from charging a fee for an MSDS. In addition a fee may be legally charged where a supplier provides an MSDS to an employer for product partially or completely exempt from WHMIS pursuant to section 12 of the Hazardous Products Act (for example, pesticides or restricted products being sold as consumer products). However, the Board does not condone the practice of charging fees for MSDS in any circumstance. All instances of fees for MSDS are to be brought to the attention of the WHMIS Coordinator.

G5.15 Laboratory MSDS (adopted from WHMIS Bulletin #7)

Issued August 1, 1999

Section 5.15(2) of the OHS Regulation states:

For the purpose of subsection (1), "produces" does not include the escape of a controlled product from equipment or from another product nor does it include intermediate products undergoing reaction within a reaction or process vessel.

What are the circumstances in which a MSDS will be required for products produced and used by the employer in laboratories?

Products produced for immediate use in a reaction (or which are produced and consumed in a reaction) do not require production of an MSDS. Such products must be used immediately, be used in total and be consumed entirely during the reaction.
A MSDS must be available as required by legislation on all controlled products which are components of mixtures produced in laboratories.
For mixtures other than those intended for immediate use, a new MSDS for the mixture must be produced if either:

the hazard of the mixture is different from the hazard of the ingredients separately, or
the precautionary information reported on the MSDSs for ingredients is in conflict (for example, a different type of protective gloves or respiratory protection is recommended.)

As such, a new MSDS will not be required for dilutions with water and mixtures in which hazards and precautions are generally unchanged from those of the ingredients.

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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.