Canadian workers have a right to know how the materials they work with can affect their health or safety.

Hazardous materials can have many serious health effects on workers--effects on the nervous system, kidney or lung damage, sterility, cancer, burns and rashes. Some hazardous materials can cause fires or explosions. The Workplace Hazardous Materials Information System (WHMIS) was created to help stop the injuries, illnesses, deaths and medical costs resulting from exposure to hazardous materials.

WHMIS is Canada's comprehensive plan for providing the information that's necessary for preventing illnesses and injuries. The main components of WHMIS are hazard identification and product classification, labelling, material safety data sheets, and worker training and education.

WHMIS was developed by a tripartite steering committee with representatives from Canadian government, industry and labour to ensure that the best interests of everyone were considered.

It became law through a series of complementary federal, provincial and territorial legislations that became effective October 31, 1988.

We All Have Duties under WHMIS

Suppliers, employers and workers all have certain responsibilities which are specified in the Hazardous Products Act, the Controlled Products Regulation and federal and provincial occupational safety and health legislation.

When Canadian suppliers sell or import a product that's considered a "controlled product" according to the WHMIS legislation, they must label the product or container, and provide a material safety data sheet (MSDS) to customers. The label must clearly identify the contents of the hazardous material, and the MSDS must explain what those hazards are.

Employers are required to establish education and training programs for workers exposed or likely to be exposed to hazardous products in the workplace. Employers are responsible for making sure that products are labelled, and having an MSDS for each product readily available to workers.

Workers are required to participate in the training programs, and to apply the safety practises they've learned when working with hazardous materials. Workers should inform their employers when labels on containers have been accidentally removed or are no longer readable.

Who enforces WHMIS?

WHMIS is enforced by the Labour Branch of Human Resources Development Canada for federal workplaces and by the provincial or territorial ministry responsible for occupational health and safety for most other workplaces.

Most of the "information" requirements (and exemptions) of WHMIS legislation have been incorporated into the HAZARDOUS PRODUCTS ACT and the HAZARDOUS MATERIALS INFORMATION REVIEW ACT. These apply to all of Canada. Regulations made under these acts include: Controlled Products Regulation, Ingredient Disclosure List, Hazardous Materials Information Review Act Appeal Board Procedures Regulations, and the Hazardous Materials
Information Review Regulations.

The occupational health and safety components of WHMIS that apply to federal employees and others covered by the Canada Labour Code (CLC) are specified in the CLC and the Canadian Occupational Safety and Health Regulations.

The following acts and regulations apply to workers and employers covered by the provincial and territorial jurisdictions:

British Columbia

Workplace Hazardous Materials Information System Regulation

Alberta

Designation of Hazardous Materials Regulation

Saskatchewan

Occupational Health and Safety Act
Occupational Health and Safety Regulations

Manitoba

The Workplace Safety and Health Act
Workplace Hazardous Materials Information System Regulation

Ontario

Occupational Health and Safety Act
Workplace Hazardous Materials Information System (WHMIS) Regulation

Quebec

Act Respecting Occupational Health and Safety
Regulation respecting Information on Controlled Products

New Brunswick

Workplace Hazardous Materials Information System Regulation

Nova Scotia

Workplace Hazardous Materials Information System (WHMIS) Regulations

Prince Edward Island

Workplace Hazardous Materials Information System Regulations

Newfoundland

Workplace Hazardous Materials Information System Regulations

Yukon Territories

Workplace Hazardous Materials Information System Regulations

Northwest Territories

Work Site Hazardous Materials Information System Regulations