Evolution Of Whmis: From Idea To Law

The Workplace Hazardous Materials Information System, or WHMIS, is a set of laws that came into effect on October 31, 1988, in Canada. It is a comprehensive national system for the safe management of hazardous chemicals in Canadian workplaces. The laws were enacted through a series of complementary federal, provincial, and territorial legislation and regulations.

WHMIS 1988

The Workplace Hazardous Materials Information System, or WHMIS, is a set of guidelines for handling hazardous materials that companies in Canada must follow. It became law on October 31, 1988, through a series of complementary federal, provincial, and territorial legislation and regulations. This original system is identified as WHMIS 1988.

WHMIS was formed to uphold the rights of Canadian workers to be informed about the different hazardous materials and chemicals they use when working. Exposure to hazardous materials can cause many serious health effects, including nervous system issues, kidney or lung damage, sterility, cancer, burns, and rashes. WHMIS was created to help prevent injuries, illnesses, deaths, medical costs, and fires caused by hazardous materials.

The information system was developed by a tripartite steering committee with representatives from government, industry, and labour to ensure that the best interests of everyone were considered. The main components of WHMIS are hazard identification and product classification, labelling, material safety data sheets, and worker education and training.

Under WHMIS 1988, suppliers who import or sell hazardous products for use or storage in Canadian workplaces must ensure that the containers are labelled with the required information. They must also provide a material safety data sheet (MSDS) to their customers, explaining the nature of the hazardous products. Employers must set up education and training programs for all workers exposed to hazardous materials while at work and make sure that containers are labelled and MSDS is available to their workers. Workers who are exposed to hazardous products while on the premises of work must attend the training programs established by their employers. They must also use the information to work safely while handling or working near any hazardous products.

In early 2015, WHMIS was updated to reflect the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) initiative developed by the United Nations. The updated version is called WHMIS 2015, and it includes new supplier label requirements, more comprehensive hazard classification criteria, and standardized language for hazard and precautionary statements. The original WHMIS 1988 system was repealed, but the roles and responsibilities of suppliers, employers, and workers remained unchanged.

WHMIS 2015

WHMIS, or the Workplace Hazardous Materials Information System, is the Canadian standard for handling hazardous materials in the workplace. It was first enacted into law on October 31, 1988, through a series of complementary federal, provincial, and territorial legislation and regulations.

In 2015, WHMIS was updated to align with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). This updated version is called WHMIS 2015. The final Hazardous Products Regulations (HPR) were published on February 11, 2015, in the Canada Gazette, Part II.

• Controlled Products are now referred to as Hazardous Products.
• There are now different Hazard Classes with more categories.
• There is a new classification of chemicals, and Safety Data Sheets (SDSs) have been expanded to 16 sections (previously called Material Safety Data Sheets or MSDSs).
• There is no longer a requirement to update SDSs every three years. However, some provinces, like British Columbia, require employers to check with the supplier to ensure they have the most current SDS for a product.
• New pictograms have been introduced.

The key components of WHMIS 2015 remain consistent with the original WHMIS: hazard identification, labelling of containers, safety data sheets, and worker education and training programs.

The transition to WHMIS 2015 was completed on December 1, 2018, and all manufacturers, importers, distributors, and employers are required to comply with the updated regulations.

Hazardous Products Act

The Hazardous Products Act (HPA) is a federal law in Canada that, along with the Controlled Products Regulations, forms the foundation of WHMIS. The HPA outlines the responsibilities of suppliers, employers, and workers in adhering to WHMIS guidelines. Here are some key details about the Hazardous Products Act:

Responsibilities of Suppliers:

Suppliers who import or sell hazardous products for use or storage in Canadian workplaces must ensure that the containers are labelled with the required information. They are also responsible for providing a Material Safety Data Sheet (MSDS) to their customers, explaining the nature and hazards of these products.

Responsibilities of Employers:

Employers are required to establish education and training programs for workers who may be exposed to hazardous materials while on the job. Employers must also ensure that containers are properly labelled and that MSDSs are readily available for each product.

Responsibilities of Workers:

Workers who are exposed to hazardous products in the workplace must participate in the training programs provided by their employers. They must use the information gained from these programs to work safely when handling or working near hazardous materials.

The Hazardous Products Act plays a crucial role in ensuring the safe use and handling of hazardous materials in Canadian workplaces, protecting the health and safety of workers.

Hazardous Materials Information Review Act

The Hazardous Materials Information Review Act (R.S.C., 1985, c. 24 (3rd Supp.), Part III) is a federal Canadian law that, along with the Hazardous Products Act, forms the legislative foundation for the Workplace Hazardous Materials Information System (WHMIS). WHMIS is a comprehensive system for providing health and safety information on hazardous products intended for use, handling, or storage in Canadian workplaces. The Hazardous Materials Information Review Act outlines the responsibilities of suppliers, employers, and workers in managing and mitigating the risks associated with hazardous materials.

The Act defines key terms such as "chemical name," "confidential business information," "hazardous product," "label," "Minister," and "supplier." It also establishes the role of the Minister of Health in reviewing and determining the validity of claims for exemption from disclosing certain information related to hazardous products. The Minister is authorised to suspend or cancel exemptions under specific circumstances, such as when false or misleading information is included in the claim.

The Act further addresses the disclosure of confidential business information, outlining scenarios where such information can be disclosed without consent to address serious and imminent dangers to human health, safety, or the environment. It also empowers the Minister to disclose confidential information to government bodies or medical professionals in specific situations while maintaining confidentiality agreements.

The Hazardous Materials Information Review Act also includes provisions for fees, remission of fees, and additional powers, duties, and functions of the Minister. Offences and penalties are outlined for non-compliance with the Act and its associated regulations.

The Act has undergone several amendments since its enactment, with the most recent amendment taking place on March 18, 2020. These amendments ensure that the legislation remains up-to-date and effective in addressing the ever-evolving nature of hazardous materials and their safe handling in Canadian workplaces.

Globally Harmonized System of Classification and Labelling of Chemicals

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) is an internationally agreed-upon standard managed by the United Nations. It was set up to replace the various hazardous material classification and labelling schemes previously used across the world. The GHS was developed to address the $1.7 trillion per year international trade in chemicals requiring hazard classification, with the aim of reducing costs and improving compliance.

The GHS was first discussed at the 1992 Rio Conference on Environment and Development (also known as the Earth Summit), when the International Labour Organization (ILO), the Organisation for Economic Co-operation and Development (OECD), various governments, and other stakeholders agreed that a globally harmonized system should be available by the year 2000. The first edition of the GHS was adopted in December 2002 and published in 2003. Since then, it has been updated and revised every two years, with the tenth revised edition published in 2023.

The GHS provides a common infrastructure for participating countries to use when implementing hazard classification and communication standards. It includes standardized hazard testing criteria, universal warning pictograms, and safety data sheets, which provide users of dangerous goods with relevant information in a consistent manner. The system acts as a complement to the UN-numbered system for the regulated transport of hazardous materials.

The GHS classification system defines and categorizes the physical, health, and environmental hazards of a substance. Each category has associated pictograms that are used when applied to a material or mixture. As of the 10th revision, substances are assigned to 17 different hazard classes, largely based on the United Nations Dangerous Goods System.

The universal standard for all countries was intended to replace all diverse classification systems. However, it is not a compulsory provision of any treaty. The adoption of the GHS has taken time, but as of 2017, it has been enacted to significant extents in most major countries, including the European Union, the United States, Canada, Australia, Brazil, China, Japan, and more.

In Canada, the Workplace Hazardous Materials Information System (WHMIS) has been aligned with the GHS. WHMIS is a comprehensive system for providing health and safety information on hazardous products intended for use, handling, or storage in Canadian workplaces. By aligning with the GHS, WHMIS benefits from more comprehensive hazard classification criteria, new hazard classes, consistent physical hazard criteria with transport regulations, standardized language, and a standardized SDS format.

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