The bottom line is that the EMPLOYER is responsible for
ensuring that his or her staff is adequately trained for
their work environment. The responsibility to ensure
workers are trained and the manner in which training is
conducted rests with the employer.
WHMIS is made up of five
main components. A WHMIS program must include all of
these components:
What do the Regulations say?
Although WHMIS
legislation is incorporated into a few acts, including
the Hazardous Products Act and the Hazardous Materials
Information Review Act, WHMIS training is specifically
covered under the Canadian Occupational Health and
Safety Regulations Part 10 - Hazardous Substances. Here
is an excerpt:
Employee Education
10.14 (1) Every employer shall, in
consultation with the work place committee or the health
and safety representative, develop and implement an
employee education program with respect to hazard
prevention and control at the work place.
(2) The
employee education program referred to in subsection (1)
shall include
(a) the
instruction of each employee who is likely to handle or
be exposed to a hazardous substance with respect to
(i) |
the product identifier of the hazardous substance,
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(ii) |
all hazard information disclosed by the supplier or by
the employer on a material safety data sheet or
label, |
(iii) |
all hazard information of which the employer is
aware or ought reasonably to be aware, |
(iv) |
the observations referred to in subparagraph 10.5(a)(i),
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(v) |
the information disclosed on a material safety data
sheet referred to in section 10.28 and the purpose
and significance of that information, and
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(vi) |
in respect of controlled products in the work place,
the information required to be disclosed on a
material safety data sheet and on a label under
Division III and the purpose and significance of
that information; |
(c) the
instruction and training of each employee referred to in
paragraphs (a)
and (b) with respect to
(i) |
the procedures to follow to implement sections 10.8,
10.9 and 10.12, and |
(ii) |
the procedures to follow for the safe storage,
handling, use and disposal of hazardous substances,
including procedures to be followed in an emergency
involving a hazardous substance; and |
(d) where
the employer keeps a computerized version of a material
safety data sheet available in accordance with
subsection 10.34(2), the instruction and training
referred to in paragraph 10.34(2)(b)
in accessing that material safety data sheet.
(3) Every
employer shall, in consultation with the work place
committee or the health and safety representative,
review the employee education program referred to in
subsection (1) and if necessary, revise it
(a) |
at least once a year; |
(b) |
whenever there is a change in conditions in respect
of the hazardous substances in the work place; and |
(c) |
whenever new hazard information in respect of a
hazardous substance in the work place becomes
available to the employer. |
10.15 The
employer shall keep a written or computerized record of
the instruction and training given to every employee and
(a) |
make it readily available for examination by the
employee; and |
|
(b) |
keep it for a period of two years after the employee
ceases |
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For more information and a complete
listing of this text, please
click here
Government Roles
The government is responsible for providing WHMIS
laws and regulations which companies must abide by. The
majority of the information requirements (and
exemptions) of WHMIS legislation were incorporated into
the Hazardous Products Act and the Hazardous Materials
Information Review Act. These Acts can be found at
http://laws.justice.gc.ca.
The government is not
responsible for the training of employees nor do they
provide or promote training programs.
WHMIS is
enforced by the Labour Branch of Human Resources
Development Canada for federal workplaces and by the
provincial or territorial agencies responsible for
occupational health and safety for most other
workplaces.
For more
information on WHMIS and the government regulations,
visit
http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/index_e.html.
Provincial Contacts
WHMIS is a
national program and the basic requirements are the same
across the country. However, individual provinces and
territories may have introduced minor changes while
integrating WHMIS with their occupational health and
safety regulatory regime. Here are provincial contacts
for any special WHMIS requirements:
Government of Alberta
Alberta Human Resources and Employment
(866) 415-8690
http://www3.gov.ab.ca/hre/whs/worksafely/index.asp
Government of British Columbia
Workers’ Compensation Board
(604) 276-3100
http://www.worksafebc.com/
Government of Manitoba
Manitoba Labour and Immigration
(204) 945-3450
http://www.gov.mb.ca/labour/
Government of New Brunswick
Workplace Health Safety and Compensation Commission
(506) 453-2467
http://www.whscc.nb.ca/
Government of Newfoundland and Labrador
Department of Government Services
(709) 729-5548
http://www.gov.nl.ca/gs/ohs
Governments of the Northwest Territories and
Nunavut
Workers' compensation Board
(800) 661-0782 or (867) 669-4407
http://www.wcb.nt.ca/
Government of Nova Scotia
Department of Environment and Labour
(902) 424-5400
http://www.gov.ns.ca/enla/healthandsafety/
Government of Ontario
Ministry of Labour
(800) 268-8013
http://www.labour.gov.on.ca/index.html
Government of Prince Edward Island
Workers’ Compensation Board
(902) 368-5562
http://www.wcb.pe.ca/
Government of Québec
Commission de la santé et de la sécurité du travail
(514) 906-3080
http://www.csst.qc.ca/
Government of Saskatchewan
Department of Labour
(306) 787-4539
http://www.labour.gov.sk.ca/
Government of the Yukon Territories
Workers’ Compensation Health and Safety Board
(867) 667-5450
http://www.wcb.yk.ca/
If you
export WHMIS controlled products to Canada and do not
have a
Canadian representative, you may contact Health Canada:
Government of Canada
National WHMIS Office, Health Canada
Tel: (613) 957-2342
http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/index_e.html.
If your
query relates to WHMIS controlled products used,
handled, stored or
disposed of in a federally-regulated workplace, please
contact:
Government of Canada
Labour Program, Human Resources and Skills Development
Canada
Tel.: (819) 953-0215
http://www.hrsdc.gc.ca/en/gateways/topics/oxs-gxr.shtml
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