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Canada has aligned the Workplace Hazardous Materials Information System (WHMIS) with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
This document discusses the WHMIS 2015 supplier requirements as regulated by the federal legislation – the Hazardous Products Act and the Hazardous Products Regulations (HPR).
Health Canada is the government body responsible for the overall WHMIS supplier-related laws. Note that WHMIS is also regulated in the workplace by the provinces, territories and federal (for federally regulated workplaces) governments under their occupational health and safety legislation. While these jurisdictions based their WHMIS regulations on the common model, small variations between jurisdictions may exist in how they adopted WHMIS 2015.
Suppliers and employers must use and follow the WHMIS 2015 requirements for labels and safety data sheets (SDSs) for hazardous products sold, distributed, or imported into Canada.
Please refer to the following OSH Answers documents for information about WHMIS 2015:
Safety Data Sheets (SDSs) are summary documents that provide information about the hazards of a product and advice about safety precautions. SDSs are usually written by the manufacturer or supplier of the product. In some circumstances, an employer may be required to prepare an SDS (e.g., when the product is produced and used exclusively in that workplace).
SDSs provide more detailed hazard information about the product than the label. They are an important resource for workplaces and workers to help you learn more about the product(s) used. Use this information to identify the hazards of the products you use and to protect yourself from those hazards, including safe handling and emergency measures.
SDSs tell users what the hazards of the product are, how to use the product safely, what to expect if the recommendations are not followed, how to recognize symptoms of exposure, and what to do if emergencies occur.
If a product covered by the Hazardous Products Act meets the criteria to be included in a hazard class or category, it is considered to be a "hazardous product". The official definition of a “hazardous product” is
hazardous product means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2; (produit dangereux)
In other words, every product that is classified as a "hazardous product" under WHMIS that is intended for use, handling or storage in a workplace in Canada must have an SDS.
The information elements provided on a safety data sheet must be in both official languages of Canada (English and French). The SDS may be provided as one bilingual SDS, or as two SDSs (one each in English and French). In situations where two separate SDSs are used, both the English and French parts must be provided to the purchaser at the same time. Providing an SDSs in only English or French would not be considered to be in compliance.
The Hazardous Products Regulations (HPR) specifies the sections and content for the SDS. Schedule 1 within the HPR outlines the section number and heading that must be presented in the specified order, as follows:
|SDS Section and Heading||Specific Information Elements|
|2||Hazard identification|| |
|3||Composition/Information on ingredients|| |
NOTE: Confidential business information rules can apply
|4||First-aid measures|| |
|5||Fire-fighting measures|| |
|6||Accidental release measures|| |
|7||Handling and storage|| |
|8||Exposure controls/ |
|9||Physical and chemical properties|| |
|10||Stability and reactivity|| |
|11||Toxicological information||Concise but complete description of the various toxic health effects and the data used to identify those effects, including: |
|12||Ecological information***|| |
|13||Disposal considerations***||Information on safe handling for disposal and methods of disposal, including any contaminated packaging|
|14||Transport information***|| |
|15||Regulatory information***||Safety, health and environmental regulations specific to the product|
|16||Other information||Date of the latest revision of the SDS|
+The supplier that must be identified on an SDS is the initial supplier identifier (i.e., the name, address and telephone number of either the Canadian manufacturer or the Canadian importer). There are two exceptions to this requirement. 1) In a situation where a hazardous product is being sold by a Canadian distributor, the distributor may replace the name, address and telephone number of the initial supplier with their own contact information. 2) In a situation where an importer imports a hazardous product for use in their own workplace in Canada (i.e., the importer is not selling the hazardous product), the importer may retain the name, address and telephone number of the foreign supplier on the SDS instead of replacing it with their own contact information.
++The emergency telephone number is a telephone number that will allow the caller to get information about the hazardous product. This number does not have to be a Canadian telephone number. Any restrictions on the use of that number must be stated (e.g., days and hours of operation). If the language spoken at the telephone number is neither English nor French, this should be indicated on the SDS as part of the restrictions on the use of the number.
*These impurities and stabilizing products are those that are classified in a health hazard class and contribute to the classification of the material or substance.
**Each ingredient in the mixture must be listed when it is classified in a health hazard class and is present above the concentration limit that is designated for the hazard class in which it is classified or is present in the mixture at a concentration that results in the mixture being classified in any health hazard class.
***Sections 12 to 15 require the headings to be present, but under Canadian regulations, the supplier has the option to not provide information in these sections.
A supplier will provide the SDS, in English and French, to the purchaser of the hazardous product either in hard copy (e.g., by mail, hand delivered, etc.) or by electronic means. Acceptable electronic delivery methods include an e-mail from the supplier to the purchaser with the SDS attached, or a USB or disc on which the SDS is saved and given to the purchaser. In the case where the English and French portions of the SDS are two separate parts, both the English and French parts must be attached in the same email, or saved on the same USB stick or disc.Note: It is not acceptable to provide an SDS by only providing the purchaser of the hazardous product with a website address or hyperlink from which the purchaser may download the SDS for the hazardous product that they purchased.
SDSs are required to be accurate at the time of sale. An SDS will be required to be updated when the supplier becomes aware of any "significant new data". The definition of "significant new data" is:
"New data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product." (Source: Canada Gazette, Part II, Hazardous Products Regulations, Section 5.12 (1))
This definition means that an SDS must be updated when there is new information that changes how the hazardous product is classified, or when there are changes to the way you will handle or store or protect yourself from the hazards of the product.
SDSs will be required to be updated within 90 days of the supplier being aware of the new information. If you purchase a product within this 90 day time period, the supplier must inform you of the significant new data and the date on which it became available in writing.
Note: The requirement to update a material safety data sheet every three years, as was the case under WHMIS 1988, no longer applies. For WHMIS 2015, the SDS must be accurate at the time of every sale or importation of the hazardous product. Suppliers have an ongoing responsibility to make sure SDSs and labels are accurate and compliant.
Note: The requirement to maintain updated SDSs are also regulated by your local provincial or territorial jurisdictions, and they may have different requirements. Check with your local jurisdiction for more information.
Every SDS must provide a date of last revision in Section 16 – Other Information. You will know if an SDS has been updated by checking this date, and comparing it to the one on any previous SDS you have.
Note that there is no requirement for the supplier to provide an updated SDS to past purchasers of a hazardous product. However, it continues to be good practice to provide this information to purchasers who may still be using the product.
Yes. Employers will be required to make sure that all hazardous products (as defined by the Hazardous Products Regulations have an up-to-date SDS when it enters the workplace. The SDSs must be readily available to the workers who are exposed to the hazardous product, and to the health and safety committee or representative.
Employers may computerize the SDS information as long as:
As mentioned, in some circumstances, an employer may be required to prepare an SDS (e.g., when the product is produced and used in the workplace).
SDSs have many different audiences including occupational hygienists and safety professionals, employers, supervisors, nurses, doctors, emergency responders, and workers. To ensure that SDS users can quickly find the information that they need, information directed toward these various users will be listed in specific sections. Having a set format will make it easier to find the information you need on every SDS.
Not necessarily. A lot of health hazard information, for example, is written in general terms. In addition, SDSs are often written for many different uses or applications of the product, and the handling and safety precautions may not be specific to your workplace. Your health and safety committee or representative, health and safety specialist, occupational health nurse or family doctor, supervisor, employer, or supplier should be able to help you find more information if needed.
With the exception of Sections 12-15, the supplier is required to provide information on each specific information element required on the SDS. In some cases, it may be appropriate for the supplier to state “not available” or “not applicable” instead of providing the specific information.
Note that the supplier should not use the abbreviation "n.a." or "NA" without defining it, as it could mean "not applicable" or "not available" or something entirely different.
Always be familiar with the hazards of a product before you start using it. You should look at an SDS, match the name of the product on the container to the one on the SDS, know the hazards, understand safe handling and storage instructions, as well as understand what to do in an emergency.
You can think of the SDS as having four main purposes. It provides information on:
For most people who work with hazardous products, you should always:
A few things to know: