WHMIS - US HCS 2024 Variances

Labels and SDSs must be in both English and French.

This information may appear either on a single bilingual SDS or on two separate unilingual documents that constitute one bilingual SDS. The same requirement applies to labels.
 

Labels and SDSs must be in English.

Additional languages are allowed.
 

If the concentration or concentration range is being claimed as a trade secret, then the ingredient's concentration on the safety data sheet is provided as one of the prescribed ranges as set out in paragraphs (i)(1)(iv)(A) to (M) of the Hazard Communication Standard. The prescribed concentration range used must be the narrowest range possible.

If the exact concentration range falls between 0.1% and 30% and does not fit entirely into one of the prescribed concentration ranges, a single range created by the combination of 2 applicable consecutive ranges (for example, between (i)(1)(iv) (A) and (G)) may be disclosed instead, provided that the combined concentration range does not include any range that falls entirely outside the exact concentration range in which the ingredient is present.

Manufacturers may provide a range narrower than one prescribed in (i)(1)(v).
 

Concise but complete description of the various toxic health effects and the data used to identify those effects, including:

(a) Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact);

(b) Symptoms related to the physical, chemical and toxicological characteristics reported for all classifications (as applicable);

(c) Delayed and immediate effects, and chronic effects from both short-term and long-term exposure; and

(d) Numerical measures of toxicity (e.g., LD50s/LC50s), including acute toxicity estimates (ATEs).\

Additional toxicological information beyond what is required may be included on the safety data sheet, as long as the information is not false, misleading, or likely to create an erroneous impression. 

Description of the various toxicological (health) effects and the available data used to identify those effects, including:

(a) Information on the likely routes of exposure (inhalation, ingestion, skin, and eye contact);

(b) Symptoms related to the physical, chemical, and toxicological characteristics;

(c) Delayed and immediate effects and also chronic effects from short- and long-term exposure;

(d) Numerical measures of toxicity (such as acute toxicity estimates);

(e) Interactive effects; information on interactions should be included if relevant and readily available;

(f) Whether the hazardous chemical is listed in the National Toxicology Program (NTP) Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest edition), or by OSHA.

(g) When specific chemical data or information is not available, the preparer must indicate if alternative information is used and the method used to derive the information (for example, where the preparer is using information from a class of chemicals rather than the exact chemical in question and using structure-activity relationships to derive the toxicological information).

Suppliers and importers are allowed a period of 90 days to update safety data sheets when they become aware of significant new data and 180 days to update labels.

If a hazardous product is sold or imported within 90 days after significant new data became available, the new data is not required to be included on the safety data sheet as long as the supplier provides a safety data sheet plus a document providing the new data and the date upon which the new data became available. This information can be transmitted to the purchaser of the product or obtained or prepared when the product is imported.

The same requirement applies also to labels, except the supplier and importer has 180 days to make the change.
 

Chemical manufacturers, importers, distributors, and employers are allowed a period of 3 months to update safety data sheets when they become aware of significant new information and 6 months to update labels.

There is no requirement for a written notice providing the significant new information for importation or sale occurs within the 3-month or 6-month period.
Chemicals that have already been released for shipment and are awaiting further distribution need not be relabelled to reflect the significant new hazard information. However, the manufacturer, importer or distributor must produce updated labels for each container to be sent with the shipment.

 

Only products that are sold or imported in dust form and that present a combustible dust hazard are required to have a label and SDS with the information elements specified for combustible dusts in Schedule 5 to the HPR.
Either of these hazard statements must be used for combustible dusts:

(a) May form combustible dust concentrations in air; or

(b) May form explosible dust-air mixture.
 

Chemicals that are shipped in dust form and present a combustible dust hazard in that form when used downstream are required to be classified and labelled as combustible dusts.

In addition, chemicals that are shipped in a non-dust form but which, when used in a downstream workplace, present a combustible dust hazard, are required to be classified and labelled as combustible dusts.

Either of these hazard statements can be used for combustible dusts:

• May form combustible dust concentrations in air [if small particles are generated during further processing, handling or by other means.]; or
• May form explosible dust-air mixture [if small particles are generated during further processing, handling or by other means.]

Text in square brackets may be used when the material can only create a combustible dust hazard due to the creation of small particles during the processing or handling of the chemical.

All mixtures containing a carcinogenic ingredient (whether Category 1 or 2) at a concentration of 0.1% or more are required to have a safety data sheet. 

All mixtures containing a Category 1 carcinogen at 0.1% or more, or a Category 2 carcinogen at 1% or more must have a label. 

Mixtures containing a Category 2 carcinogen at a concentration between 0.1% and 1% are not required to have a label (a label warning is optional for such mixtures).

A supplemental hazard statement is required on the safety data sheet if substances which, upon contact with water, release a toxic gas are present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.

A supplemental hazard statement is NOT required on the label.
 

Label elements are required for Physical hazards not otherwise classified (PHNOC) and Health hazards not otherwise classified (HHNOC).

For mixtures that contain an HHNOC ingredient at a concentration of 1% or more, information relating to the HHNOC ingredient, including its chemical name and concentration or concentration range, must be disclosed on the safety data sheet.

 

No label elements required for Hazards not otherwise classified (HNOC)

The exclamation mark pictogram is permitted (but not required) for HNOCs as long as the words “Hazard not otherwise classified” or the letters “HNOC” appear below the pictogram.

For a mixture that contains an HNOC ingredient at a concentration of 1% or more, there is no requirement to disclose the chemical name or concentration of the HNOC ingredient on the safety data sheet.

 

Only the innermost container is required to be labelled.

The outer container does not need to be labelled.
 

The outer container of a kit (containing at least two different hazardous products) must be labelled.

Reduced information on the outer container label may be provided, as long as a special statement referring the user to the individual product labels for signal words, hazard statements and precautionary statements is provided on the outer container label.

 

Containers that have a capacity of less than or equal to 100 ml may omit precautionary statements and hazard statements on the label. All other information elements that would normally be required on the label are still required.

Products in containers less than or equal to 3 ml capacity do not require that labels remain attached to the immediate container during normal conditions of use, if the label would interfere with the normal use of the hazardous product. In this situation, there is no requirement for a product identifier to appear on the container.
 

A supplemental hazard statement is required on the safety data sheet if substances which, upon contact with water, release a toxic gas are present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.

A supplemental hazard statement is NOT required on the label.