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FAQs for WHMIS
Acts/Regulations
- What act and regulation deal with health and safety information associated with the chemicals being imported into Canada?
- Is WHMIS legislation the same across Canada?
- What falls within the definition of 'hazardous product'?
- How do I know that a product is controlled?
- Can I use a controlled product if the information on the label or MSDS is incomplete?
- If my product is a pesticide and falls within any one of the WHMIS hazard classes, is it controlled under WHMIS?
- What are the differences between consumer and WHMIS labels?
- Does the WCB regulate consumer (restricted) products?
- What is the difference between WHMIS and TDG (Transportation of Dangerous Goods)?
- Do consumer (restricted) products fall within the WHMIS legislation?
Federal requirements deal with these issues.
The Hazardous Products Act (HPA) requires a supplier to provide WHMIS labels and material safety data sheets (MSDSs) at the time of (or prior to) sale or importation of a controlled product into Canada. Controlled Products Regulations provide details of the WHMIS classification system for controlled products, format and information requirements for MSDSs and labels, and conditions of exemptions.
Two sets of WHMIS legislation apply in workplaces in B.C.
Federal legislation on format and information pertaining to supplier WHMIS labels and MSDS applies to all provinces the same way across Canada.
Provincial OHS legislation relating to provision of MSDS, workplace labels, worker education and training are based on a single set of regulatory guidelines issued by the federal government. These guidelines were adopted in almost the same form by all provinces and territories and therefore similar workplace requirements can be expected across Canada.
Products that are prohibited, restricted or controlled.
Prohibited products are listed in Part I of Schedule I of the HPA, and examples include drywall cements or patching compounds containing asbestos; paint and varnish removers having a flashpoint less than 0 degrees F; and aerosol containers containing any amount of vinyl chloride. It is illegal to manufacture or sell such products in Canada. Import of such products into Canada is also illegal.
Restricted products are listed in Part II of Schedule 1 of the HPA, and examples include hazardous substances packaged for consumer use such as bleaches, cleansers, corrosives, petroleum distillates and adhesives. These are more commonly called "Consumer Products" and this part of the HPA applies only to products on the list AND only when sold in the size of container available to the retail public. For example, a 4-litre container of bleach is covered as a consumer (restricted) product but a 45-gallon drum is not.
A controlled product is any hazardous substance that meets the criteria specified in Part IV of the Controlled Products Regulations (CPR) to be included in any of the hazard classes listed in Schedule II of the HPA.
A Controlled Product falls within any one (or more) of the six WHMIS hazard classes. The hazard classes are compressed gas, flammable and combustible material, oxidizing material, poisonous and infectious material, corrosive material, and dangerously reactive material.
No. Provincial OHS Regulation Section 5.4 prohibits the use of such products in the workplace. Such products are to be stored until proper label and MSDS are available.
Some controlled products, such as consumer (restricted) products and registered pesticides, are exempt from MSDS requirements. In this case, the employer must be able to provide sufficient information for the safe use of the product (see next question).
Pest control products (PCP) are partially exempt and there is no requirement for MSDS and supplier label. However, the container must bear a legal PCP label. Provincial OHS requirements for workplace labeling and worker education and training apply. A pesticide information sheet may be available that supplies information on hazards associated with the product.
The same answer applies to workplace use of radioactive material, consumer (restricted) products, registered drug products, food, cosmetic products and medical devices.
Consumer labels apply to restricted products, which are grouped into 4 classes; poisonous, corrosive, flammable and explosive.
WHMIS labels apply to controlled products, which are grouped into 6 hazard classes.
The most obvious difference is that WHMIS labels have the pictorial symbol(s) contained in a circular border, whereas the labels for consumer (restricted) products (and also pesticides) have the symbols contained inside an inverted triangle, diamond or octagon - depending on the degree of hazard. In addition, a WHMIS label must have a hatch-mark border around all of the required information.
No. Product Safety branch of Health Canada (Federal Government) regulates consumer products. However, provincial Occupational Health and Safety Regulation does address the safe use of these products. For information about products that are partially or completely exempt from WHMIS, refer to the WHMIS Core Material, pp 75 - 88.
WHMIS: addresses controlled products for industrial use
TDG: addresses transportation of dangerous goods
TDG Regulation deals with controlling the immediate hazards of exposure to hazardous materials in the event of a spill or leak during transportation. WHMIS deals with the effects to workers of hazardous materials - effects that may be immediate, or may take many years to develop.
Consumer products are partially exempt. Such products are exempt from the federal (HPA and CPR) requirements for MSDS or supplier label. However, provincial OHS requirements for identification, workplace labelling and worker education and training are enforced.
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