Workplace Hazardous Materials Information System

WHMIS, FROM A TO Z

By William Glenn

Do you know all you need to know about the right to know?

On October 31st, 1998, WHMIS celebrates its tenth birthday. It's hard to believe that just a few years ago workers could be asked to handle toxic and hazardous materials without knowing what they were, what risks they were taking or what to do if something went wrong. WHMIS was supposed to change all that by guaranteeing workers the information they need to protect themselves. And, despite the fact that it is a large and complex government program, it seems to have been remarkably successful in achieving its stated goals.

Back in 1988, the federal government passed a law and a set of regulations to establish the Workplace Hazardous Materials Information System for workers in the federal jurisdiction. Oddly enough, all of the provinces and territories went along with the idea and passed virtually identical legislation to make WHMIS the law across the land. All this without a federal-provincial conference, a national referendum or a new transfer-payments formula. It was really a remarkable achievement.

WHMIS is the right to know; in fact, similar legislation in the United States is usually called "right to know" legislation. It is essentially a very simple program with three provisions.

First, you must make sure there are warning labels on virtually all of the containers of hazardous materials your employees may be exposed to in the course of their workday. The design and content of these labels must comply with the strict WHMIS standards, and while there are a few exemptions for certain classes of products, most of those are covered by similar labeling provisions under other laws.

Second, you must have on hand detailed written documentation that describes the hazards posed by each of these products and, more important, what your employees should do to avoid them. These are the material safety data sheets (or MSDSs) defined in the WHMIS legislation, and they must be up-to-date and readily available to your staff.

And finally, you must train your workers to look for the label, follow the instructions on the MSDS, and otherwise work safely with these substances.

RIGHTS AND DUTIES

Labeling, safety data sheets and education. You can't handle, use or store a hazardous material on the work site unless you meet these three requirements. But that's not the whole story. WHMIS is more than paperwork and training seminars. WHMIS is about rights and duties. Primarily a worker's rights and an employer's duties.

WHMIS applies to everyone. WHMIS is a national program, compulsory for every employer and in every workplace across the country. There are no small company exemptions, no loopholes or short cuts.

There is federal legislation, the Hazardous Products Act and the Controlled Products Regulations promulgated under that act, that lay out the WHMIS program. Then the Canada Labour Code applies it to government employees, federally-regulated workplaces, Crown corporations and the like. Each of the ten provinces and both territories have also adopted what is essentially the same statutory framework and regulatory package to cover everybody else.

Whether you work in a British Columbia aluminum smelter, an Ottawa office building or a Quebec pulp mill, the WHMIS requirements are basically the same. Admittedly, there are some regional idiosyncrasies. For instance, the feds use the term "controlled product", while Ontario prefers "hazardous materials". The terms are synonymous, the definitions are identical, and a toxic is a toxic is a toxic.

The designation of a particular chemical or chemical mixture as a "controlled product" (or a "hazardous substance", if you will) is the triggering mechanism for activating the WHMIS requirements. A controlled product is defined as a product, material or substance that meets the criteria for one of the six classes listed in Schedule II of the Hazardous Products Act. These are as follows:

* compressed gases;

* flammable and combustible materials;

* oxidizing materials;

* poisonous and infectious materials;

* corrosive materials; and

* dangerously reactive materials.

Each of these classes is meticulously defined through a series of tests and criteria set forth in Part IV of the federal Controlled Products Regulations. The "ingredient disclosure list" or IDL is not a list of controlled products. In fact, there is no such list; a list of every chemical that's considered hazardous would be a ponderous document and out-of-date the day it was published. It is the manufacturer's or supplier's responsibility to determine which of their chemical products qualify as controlled products. Only then do the WHMIS provisions governing labeling, MSDSs and training kick in.

LABELING REQUIREMENTS

As an employer, you have to make sure that every controlled product (keeping in mind the list of exemptions we'll cover in a bit) you receive from a supplier is labeled. And not with just any warning label, but in the "prescribed manner" (with an emphasis on the prescribed). That means a supplier label displays all of the following:

* a product identifier, which can be a brand name, generic chemical name, trade name or code number (as long as it corresponds to the identifier on the MSDS);

* The standard pictograms representing the potential hazards the product poses;

* the precautionary measures to be followed when handling, using or being exposed to the controlled product;

* the first aid measures to be taken in case of exposure;

* the name and address of the supplier;

* the relevant risk phrases prescribed in the regulation; and

* reference to the existence of an MSDS.

If the containers in a shipment don't have the proper supplier labels, either don't accept it or, if you've already signed for it, don't use the product. (Your purchase orders should have a standard clause, somewhere in big, bold print, requiring supplier labeling and an MSDS as a condition of the transaction.) It is all right to store the controlled product on-site while you actively seek a proper label and background MSDS. If the supplier or manufacturer is not forthcoming, notify your provincial labour ministry.

In most cases, you don't have to worry about making your own labels as long as you don't transfer the controlled product out of its original drum (or bottle or can or bulk tanker or whatever). However, you'll need to design and affix a workplace label to all controlled products you transfer into smaller, workplace containers. A workplace label must display the name of the product and a statement that an MSDS is available in the workplace.

The workplace label must also be contained within a distinctive hache-marked border (there's a sample in the regulation). A preferred colour is not specified in the regulations, but whatever you choose must contrast well against the background of the container.

Alternatives to formal WHMIS labels may be used under special circumstances. For example, bulk containers or piles may be marked with a sign or placard. Transfer pipes or reaction vessels may be coded with a combination of colours, letters and numbers. And lab samples (too small to hold a label) may use number or letter codes. In each case, the marking must be legible and clearly visible from all angles.

MATERIAL SAFETY DATA SHEETS

The MSDS supplements and expands on the basic hazard information noted on the WHMIS label, and provides more detailed handling instructions and emergency procedures. Again, your supplier has to supply a current MSDS. If they don't or won't or can't, you'll have to find one somewhere else or make it up yourself if you want to use that particular product in the workplace. Of course, if you've formulated the mixture yourself, you'll have to cobble together your own MSDS.

In either case, the MSDS must meet the basic statutory requirements spelled out in Section 12 and Schedule I of the federal Controlled Products Regulations. An MSDS must disclose:

* the product's name, manufacturer and supplier;

* any hazardous ingredients and their concentrations;

* who prepared the MSDS and when;

* physical data such as the boiling and freezing points, odour threshold, specific gravity, vapour pressure and so on;

* any fire or explosion hazards;

* reactivity data such as chemicals the product may be incompatible with and hazardous decomposition products;

* toxicological properties, including both the short-term and long-term effects, and the exposure limits;

* preventive measures; and

* first aid measures.

All your MSDSs have to be complete and up-to-date. There is a lot of new research being published, especially on the synergistic behaviour and neurological effects of toxic chemicals, as well as the long-term impacts of low-level exposure. The law says any significant new findings must be incorporated into a data sheet as soon as is practical and within 90 days of the new information becoming available. In any case, all the MSDSs on file must be dated within the last three years.

There a few good software systems available that will help you manage your MSDS files. A number of business publishers also provide compilations of MSDSs -- loose-leaf services that cover hundreds or even thousands of commonly used chemicals and commercial formulations -- but your better (and perhaps less expensive) bet is on the Internet.

Simply type "MSDS" into your Internet search engine and a number of compilation sites will pop up. (A good example is www.chem.uky.edu/Resources/MSDS.HTML#Where). These will provide a gateway to dozens of electronic MSDS compilations. One of the very best is the data bank assembled by the Canadian Centre for Occupational Health and Safety (log into http://www.ccohs.ca, or telephone 1-800-668-4284 toll-free in Canada and the U.S.). Unfortunately, access is by subscription only, but centre will answer toxicological questions on a complimentary basis.

The stack of MSDSs are not to be left sitting in a filing cabinet. They must be readily accessible and available to any staff member potentially exposed to a controlled product during the course of his or her workday. That would include any employee with access to the work area, who could be affected by an accidental release, or who could come into contact with a controlled product in a storage area. Just about any staff member that wants to see an MSDS has that legal right.

The collected MSDSs must be readily accessible. And that doesn't mean asking permission from a supervisor, or making an appointment with the personnel office, or coming in early or staying late to leaf through the data sheets.

For most companies, all the MSDSs should fit easily into a single binder or clipboard. Attach it to the employee bulletin board. Or designate a particular employee as the guardian of the full MSDS binder. If there are a number of work stations scattered throughout a work site, make sure the relevant MSDSs for the most hazardous chemicals are posted near where they are used.

You can use a computer system to store your MSDS records. But if that's the only source in the company, you have to keep the terminal in working order and train every potentially exposed worker in how to access the system. Then, if they still want a paper copy, you have to supply it anyway.

The health and safety committee gets one too. And if your firm is too small to have a health and safety committee, then a worker selected by the staff to represent them must receive a copy of each new and updated MSDS.

Your MSDSs may also travel outside the workplace. Provincial law may compel you to provide, on request, a copy of your MSDSs to the local medical officer of health, the fire department or the provincial labour ministry. In turn, your MSDSs may be passed, through the local health unit, to any concerned or curious member of the community. And no, the medical officer of health will not (and cannot under law) tell you the names of anyone who requested a copy of your MSDSs.

CHECK THE EXEMPTIONS

Certain classes of products, primarily those already regulated under another federal law, are specifically exempted from the WHMIS labeling and MSDS requirements. These include the following:

* explosives as defined under the federal Explosives Act;

* cosmetics, medical devices, drugs, foods or alcoholic beverages covered by the federal Food and Drugs Act;

* pesticides and other products governed under the federal Pest Control Products Act;

* radioactive substances controlled under the federal Nuclear Safety and Control Act;

* hazardous wastes;

* wood or products made of wood;

* tobacco or tobacco products;

* manufactured articles which, under normal conditions, do not release or otherwise cause a person to be exposed to a controlled product; and

* products, materials or substances packaged as consumer products and in quantities normally used by the consuming public.

This isn't a free pass. It just exempts you from the WHMIS-related labeling and MSDS provisions. You'll still have to comply with the all the identification and labeling requirements under the food and drug or explosives or pest control products legislation. Hazardous wastes will still need to be marked in accordance with provincial environment laws. And an employer will still need to ensure that any potentially dangerous material, whether or not it is a WHMIS-regulated substance, is safely stored and handled in the workplace.

Remember that while a number of products may be exempted from the WHMIS labeling and MSDS requirements, they are not hazard-free. Pesticides, hazardous wastes and many consumer products can be as dangerous as any controlled product and employers are not exempt from their responsibility to educate workers about these hazards. In these cases, use the information on the product label and any other data you can find. Even though suppliers have no legal obligation to supply you with an MSDS, most are willing to do so on request. If not, try one of the alternate sources discussed earlier.

The exemption for consumer products used in the workplace continues to cause confusion. These may be controlled products, but the WHMIS labeling provisions don't apply so long as they remain in the packaging normally sold to the public. If the product is sold only through wholesalers or is delivered in bulk and repackaged, the exemption doesn't apply and the WHMIS requirements kick in.

TRAINING REQUIREMENTS

Federal and provincial oh&s laws impose both general and specific training requirements. In general, an employer has a duty to ensure that any worker exposed, or likely to be exposed, to a hazardous chemical, dangerous physical agent, or other workplace threat is trained in the necessary safeguards and protections. WHMIS sets forth some additional training requirements:

* a description of what one might find on a label and what it means;

* the kind of information found on the MSDS and what it means;

* the procedures for the safe use, storage, handling and disposal of the controlled product; * any special procedures that apply when that product is contained or transferred in a piping system, process or reaction vessel, tank car or truck, a conveyor belt or a similar system;

* what to do when fugitive emissions are present; and

* what to do in the event of an emergency.

In an effort to clarify the WHMIS training requirements, the WHMIS Current Issues Committee (a multi-stakeholder group with representatives from federal and provincial regulatory agencies, labour groups and suppliers) has put together guidelines for employers, workers and regulatory agencies, titled "WHMIS Education and Training Programs". The document provides an effective approach to compliance, but by no means the only one. Copies are available from your local government bookstore or on-line through Canadian Government Publishing (at http://dsp-psd.pwgsc.gc.ca).

At least once a year (and more frequently if there has been a change in workplace conditions that affects health and safety) an employer must review the training program. This review should be undertaken in consultation with the joint health and safety committee or worker representative. Updated training should reflect, for example, any changes in workplace processes, any new controlled products that have been introduced, or significant new information on potential workplace hazards. The law doesn't say you have to retrain your staff every year, but only as necessary.

How much training is enough? It’s a tricky question. Employees need to know about all the risks and hazards posed by workplace chemicals. They need to know all the possible health effects. And they need to know how to work safely with these potentially dangerous materials before they ever come into contact with them. You (and your suppliers) have a duty to supply them with that information.

But your staff not only has a right to that information. They have the right to understand it. If they don't, you have a duty to explain it. No technical bafflegab, no perfunctory "you-got-to-be-careful", no sleep-inducing lecture and then back to work. If you are going to bring a dangerous chemical into the workplace, it's your responsibility to ensure that everyone understands the risks and knows how to avoid them. The acid test for WHMIS is not rows of neatly labeled containers and stacks of MSDSs, but fewer accidents and healthier employees.

William Glenn is associate editor of hazardous substances for OHS CANADA.

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(sidebar #1)

WHMIS MYTHS

MYTH #1: All consumer products are exempt from WHMIS. Wrong on two counts. The exemption only applies to the WHMIS labeling and MSDS provisions; you still have to train your staff in the safe use of a hazardous consumer product. And if you buy it in bulk or transfer it to another container, you'll still need a WHMIS-style label.

MYTH #2: Very small containers don't have to be labeled. Wrong. There is no exemption for small quantities of a controlled substance, although the label of a container holding less than 100 millilitres must only display the name of the supplier, hazard symbols and a statement that an MSDS is available. If a bottle is too small for a label, then attach a tag with the required information.

MYTH #3: As long as I'm trying to get a missing label from my supplier, I can use their controlled product until it arrives. Wrong. You can't use a controlled product without a label under any circumstances. You either have to wait for your supplier to come through or make one yourself. However, you can store the unlabeled shipment on-site in the meantime.

MYTH #4: There is a list of controlled products that WHMIS applies to. Wrong. There is no such list. If a substance meets the WHMIS criteria, and if it is not specifically covered by any other regulatory regime, it’s a WHMIS controlled product. True, most substances have been classified, and if they’ve been considered controlled products in the past, they probably still are. But there’s no master list you can look them up on.

MYTH #5: The Ingredient Disclosure List contains the names of all the controlled products subject to WHMIS. Wrong. The IDL is a list of chemicals that, if present above a specified minimum concentration, must be identified on a product's MSDS. And it's not exhaustive; all ingredients that could be defined as controlled products must be listed, as well as any others you believe may be harmful to humans or for which you can't find any hazard information at all.

MYTH #6: At least I don't have to worry about the maintenance company I've hired to clean the building. Wrong. Employers are responsible for the proper labeling of controlled products brought to the workplace by a contractor. You must ensure any contractor you hire understands, and complies with, WHMIS.

MYTH #7: If the MSDS says so, it must be true. Wrong, wrong, wrong. Studies have shown that MSDSs are frequently out-of-date, missing important information, tainted with misleading information and sometimes just plain wrong. If possible, it is a good idea to get copies of MSDSs for common or generic chemicals from a number of sources and compare the contents.

MYTH #8: All MSDSs are created equal. Wrong. While there are all kinds of data sheets on the market, the Controlled Products Regulations (CPR) are very specific about the information they must contain. Canada currently accepts MSDSs which use the ILO, ISO or EC headings, but whenever you get an MSDS from a foreign supplier, look for the following statement: "This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR".

MYTH #9: My shipper says the TDG label doubles as a WHMIS label. Not entirely wrong, but misleading. The WHMIS label is very similar to the safety markings a shipment requires under the Transporation of Dangerous Goods Act. But not every "controlled product" is a "dangerous good" and may not be labeled. And each inner container in a shipment will still need an individual WHMIS label.

MYTH #10: Bulk shipments need a WHMIS label. Wrong. Bulk containers, tank cars, freight containers and the like don't need a WHMIS label. However, if you decant or transfer a controlled product into a smaller container, you will need a workplace label. While this is your responsibility, your supplier may be willing to help out.

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WHMIS CHECKLIST

LABELING

All controlled products in a workplace must be marked with either a supplier or workplace label that meets WHMIS requirements.

* Ensure that deliveries of all controlled products include supplier labels. Make sure both the outer container and all inner containers are properly labeled.

* Mark with workplace labels all controlled products formulated in-house.

* Mark with a workplace label any controlled product transferred from its original packaging into another container.

* Properly identify all pipes and piping systems, vessels, tank cars and trucks that contain controlled products.

* Mark all pails or other small portable containers used by a worker during the course of a single day with the name of the controlled product it contains. (Such portable containers cannot be used for overnight storage.)

* Replace a missing, defaced or illegible label with an extra copy of the supplier's label (if you have one) or one of your own with the same information.

MATERIAL SAFETY DATA SHEETS

An employer must have a copy of a complete and up-to-date MSDS for every controlled product used or produced in the workplace.

* For every controlled product in the workplace, keep an up-to-date MSDS on file and available to any worker who may be potentially exposed.

* Ensure that in addition to the available hazard information, each MSDS describes the following:

* the personal protective equipment to be used;

* the specific engineering controls to be used;

* handling procedures and equipment;

* storage requirements;

* special shipping information;

* the procedures to be followed in case of leak or spill; and

* recommended waste disposal practices.

* Post copies of all the relevant MSDSs near the work stations where the controlled products are used.

* Forward copies of all MSDSs to the safety and health committee or, if such a committee doesn't exist, a designated worker representative.

* Implement a review system to ensure the contents of MSDSs are complete, current and reflect the available research and current industry practices. An employer must stay reasonably informed about the hazard information that relates to his or her workplace.

* Ensure that all MSDSs are dated within the last three years and that significant new information is added to the MSDS within 90 days.

TRAINING

Workers must be able to understand and apply the information on WHMIS labels and MSDSs to protect their health and safety on the job.

* Explain the objectives of WHMIS and how WHMIS guarantees your staff the right to information about the chemicals they work with.

* Describe what controlled products are used in the workplace and how to recognize them.

* Explain what a worker will see on a workplace or a supplier label, and what it means.

* Explain the information one can find on a MSDS, and who can explain the significance of anything a worker doesn't understand.

* Provide instruction in hazard controls for the specific controlled products a worker may be exposed to in the workplace, including safe working practices.

* Provide instruction in emergency procedures.

* Teach workers how to recognize the possible health effects of the controlled products and other hazardous substances they may be exposed to.

* Implement automatic WHMIS training for all new and part-time staff.

* Provide WHMIS training to all outside workers, contractors and cleaning staff who may be working near or with any controlled products in the workplace.

* Be prepared to amend training programs to accommodate workers with learning disabilities, reading problems or difficulties in the primary language of the work site.

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(Sidebar #3)

Copies of the federal WHMIS legislation and regulations are available, for a small fee, through the Canadian Government Publishing Centre (telephone 819-956-4802) or the nearest government bookstore. However, if you have computer access to the Internet, you can download an unofficial version of all the other relevant WHMIS statutes, off the Access to Justice Network (http://legis.acjnet.org). Be aware, however, that the electronic version of the text has no official sanction because it isn't guaranteed to contain the most recent amendments. But as the feds haven't amended the relevant WHMIS-related sections since 1989, the on-line version is still current. If you have any doubts, call your provincial WHMIS contact.

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WHO YOU GONNA CALL?

WHMIS is a national program and the basic requirements are uniform across the country. However, individual provinces and territories may have introduced some minor refinements in integrating the WHMIS program with their occupational health and safety regulatory regime. Contact your local agency for details on any special WHMIS requirements.

Federally regulated workplaces laws and regs: the Hazardous Products Act, the Controlled Products Regulations, and the Ingredient Disclosure List, contact Human Resources Development Canada, (819) 953-0215.

Alberta regs: Designation of Hazardous Materials Regulation, contact Alberta Labour, (403) 297-7873.

British Columbia regs: Workplace Hazardous Materials Information System Regulation, contact the Workers' Compensation Board, (604) 276-3137.

Manitoba laws and regs: The Workplace Safety and Health Act and Workplace Hazardous Materials Information System Regulation, contact the Department of Labour, (204) 945-3450.

New Brunswick regs: Workplace Hazardous Materials Information System Regulation, contact the Workplace Health Safety and Compensation Commission, (506) 453-2467.

Newfoundland regs: Workplace Hazardous Materials Information System Regulations, contact Occupational Health and Safety Inspection Services, (709) 729-5548.

Northwest Territories regs: Work Site Hazardous Materials Information System Regulations, contact Safety and Public Services, (867) 669-4404.

Nova Scotia regs: Workplace Hazardous Materials Information System (WHMIS) Regulations, contact the Department of Labour, (902) 424-8480.

Ontario laws and regs: Occupational Health and Safety Act and the Workplace Hazardous Materials Information System (WHMIS) Regulation, contact the Ministry of Labour, (519) 646-3235.

Prince Edward Island regs: Workplace Hazardous Materials Information System Regulations, contact the Workers' Compensation Board, (902) 368-5562.

Quebec laws and regs: Act Respecting Occupational Health and Safety and the Regulation Respecting Information on Controlled Products, contact the Commission de la sante et de la securite du travail, (514) 873-6374.

Saskatchewan laws and regs: Occupational Health and Safety Act and the Occupational Health and Safety Regulations, contact the Department of Human Resources, Labour and Employment, (306) 787-4539.

Yukon regs: Workplace Hazardous Materials Information System Regulations, contact the Workers' Compensation Health and Safety Board, (867) 667-3474.

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