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  The quarterly newsletter for Safety Professionals

Q2, 2006

Issue 2
   

Ask the Experts

 

Who's Responsible for WHMIS Training?

 
Learn the role your company plays in WHMIS training and how the government is involved. 
 


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:

  • hazard identification

  • product classification

  • labeling

  • material safety data sheets

  • worker training and education

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,
(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),
(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
(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  
     

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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