As an employer, ensuring the safety and well-being of your employees is a top priority. One of the most critical aspects of workplace safety is managing the risks associated with hazardous materials. In Canada, the Workplace Hazardous Materials Information System (WHMIS) plays a key role in protecting workers from the dangers of chemicals and hazardous products. This article will guide you through the need for WHMIS laws, their application, and your responsibilities as an employer.
What is WHMIS?
The Workplace Hazardous Materials Information System (WHMIS) was formally introduced in Canada in 1988 as a legislative framework designed to protect Canadian workers by ensuring they are properly informed about the hazardous materials they may encounter in the workplace. WHMIS established a standardized system for identifying and categorizing hazardous products, using easily recognizable hazard symbols and providing consistent information about safe handling and storage.
In 2015, Canada updated WHMIS to align with the international community’s standards for classifying hazardous products, enhancing protection for Canadian workers in a global economy.
Why WHMIS Laws Are Essential
Hazardous chemicals are a reality in many workplaces, and their risks are significant. These chemicals can cause a range of health issues, from temporary effects like rashes or headaches to severe, life-threatening conditions such as cancer, nerve damage, or organ failure. Beyond health risks, improper handling of hazardous materials can lead to dangerous situations, including fires, explosions, and environmental damage.
WHMIS was introduced to address these risks by providing a consistent, standardized system for identifying hazardous materials and informing workers about how to handle them safely. The need for such a system cannot be overstated, as countless workers in Canada have suffered preventable injuries and illnesses due to exposure to hazardous substances. WHMIS ensures that both employers and workers are aware of the dangers and know how to protect themselves.
WHMIS Laws: Federal and Provincial Responsibilities
In Canada, WHMIS is legislated at both the federal and provincial or territorial levels. Federal laws require product suppliers to classify hazardous products according to WHMIS standards and provide the necessary information for safe handling and storage. Provincial and territorial laws then require employers to disseminate this information to workers to ensure their safety.
As an employer, it’s your responsibility to ensure that all hazardous products in your workplace are properly identified, labeled, and accompanied by up-to-date safety data sheets (SDS). You must also educate and train your employees on WHMIS to ensure they understand the risks and know how to protect themselves.
The Consequences of Non-Compliance
WHMIS is enforced by Health and Safety agencies across Canada. Non-compliance can result in severe penalties, including fines of up to $100,000 and up to two years in prison. As an employer, it’s crucial to stay informed about the latest WHMIS regulations and ensure your workplace complies with these laws.
What Does WHMIS Apply To?
WHMIS applies to hazardous chemicals and materials identified within the Hazardous Products Act, which categorizes them into various hazard classes. However, some workplace hazards, such as cigarette smoke, certain explosives, or pest control products, fall under different legislation and require separate safety measures and training.
Who Needs WHMIS Training?
By law, most Canadian workers require general WHMIS training. WHMIS training is mandatory for anyone who may come into contact with hazardous products in the workplace. Given that most workplaces contain some form of hazardous materials, general WHMIS training is essential for almost all employees. Employers must provide general WHMIS training to all employees and more specific training where necessary, depending on the nature of the work being done.
It’s easy to assume that office environments are less hazardous than industrial settings, but office workers can still be exposed to chemical hazards. Common office materials such as photocopier toner, cleaning products, paint, glues, and flammable aerosols all pose potential risks. Therefore, WHMIS training is relevant for office workers as well.
Key Elements of WHMIS
WHMIS consists of several key elements that work together to inform and protect workers:
- Product Hazard Classes or Categories
- Labels
- Safety Data Sheets (SDS)
- Education and Training
These elements ensure that workers have the necessary information to safely handle hazardous materials.
Your Role as an Employer
The effectiveness of WHMIS relies on the cooperation of suppliers, manufacturers, employees, and employers.
As an employer, you play a crucial role in maintaining a safe work environment. You must be aware of the hazardous products in your workplace, ensure proper labelling and storage, and provide up-to-date SDSs. You are also responsible for developing safe work procedures and providing WHMIS training to employees.
Your responsibilities under WHMIS include:
- Identifying Hazardous Products: Be aware of all hazardous products in your workplace, including how they are used and where they are stored.
- Ensuring Proper Labelling: Ensure that all hazardous products are correctly labelled according to WHMIS standards.
- Providing Safety Data Sheets: Make sure up-to-date SDSs are available and accessible to all employees.
- Developing Safe Procedures: Establish procedures for the safe use, handling, storage, and disposal of hazardous products.
- Providing Education and Training: Educate and train your employees on WHMIS legislation, how to read labels and SDSs, and the potential health effects of hazardous products.
- Monitoring Compliance: Regularly review your workplace practices to ensure ongoing compliance with WHMIS regulations.
WHMIS 2022: What’s New?
WHMIS regulations continue to be updated and the most recent update is known as WHMIS 2022. The 2022 amendments to WHMIS introduced several significant changes, including the adoption of new hazard classes and categories, modifications to classification criteria, and updated requirements for safety data sheets and labels. These changes came into effect on December 15, 2022, with a transition period ending on December 14, 2025. During this time, regulated parties may comply with either the previous or the newly-amended Hazardous Products Regulations, but not parts of both. After December 14, 2025, only WHMIS 2022, which includes the updates, will be applicable.
Workers who have not undergone recent WHMIS training should familiarize themselves with the new symbols and terminology to ensure they can recognize and respond to the latest safety information.
If you are an HR Covered client, we’re excited to inform you that we’ll soon be releasing an updated WHMIS (Workplace Hazardous Materials Information System) training, incorporating the latest regulatory changes. Keep an eye out for more details coming your way!
If you are not a client and need assistance with WHMIS training, please click here to contact us.
