Laboratories and laboratory samples

Under WHMIS 2015, the exemptions that previously applied to products originating from a laboratory supply house and intended for use in a laboratory have been eliminated. However, specific provisions for laboratory samples still exist. A laboratory sample is defined as

a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and that is intended solely to be tested in a laboratory but does not include a sample that is to be used:

  1. by the laboratory for testing other products, mixtures, materials or substances; or
  2. for educational or demonstration purposes” (subsection 1(1), WHMIS Reg.).

Laboratory samples received from a supplier

The federal HPR provides certain exemptions to suppliers respecting labels and SDSs for samples of hazardous products sent to a laboratory for analysis (i.e. possession of the sample has been transferred but not ownership). The employer at a laboratory receiving a sample of a hazardous product does not have to obtain a full supplier label if:

  • the laboratory sample is exempt from labelling requirements under the HPR, and
  • an abbreviated supplier label that discloses the following information is provided:

    The statement Hazardous Laboratory Sample, for hazard information or in an emergency call/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d’urgence, composez … followed by an emergency telephone number for a person who can provide the emergency information required on the SDS for the hazardous product (section 14, WHMIS Reg.).

    1. The chemical name or generic chemical name, if known to the supplier, of every material or substance in the sample that,
      1. individually, is classified in a category or subcategory of a hazard class listed in the Hazardous Products Act (Canada) and, is present above the concentration limit designated for that category or subcategory, and
      2. in a mixture, is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.

The employer is not required to obtain a supplier SDS for a laboratory sample if the supplier is not required to prepare one (subsection 17(1), WHMIS Reg.). Under the HPR, a supplier is exempted from providing a SDS for a laboratory sample if:

  • the chemical name and concentration of the hazardous product or its ingredients are unknown, or
  • the hazardous product from which the sample originates has not been offered for sale (subsection 5(4), HPR).

In addition, if a laboratory sample is classified only as Biohazardous Infectious Material – Category 1, and possession but not ownership is transferred, the sample does not require a label or SDS (subsection 5(3), HPR).

If a lab sample is transferred or decanted from the supplier’s original container

No workplace label is required, but the employer must ensure that the lab sample is clearly identified through a combination of identification visible to workers and worker education. The combination of identification and education must enable lab workers handling the sample to readily identify and obtain either the information required on a SDS, if one has been prepared or the labelling information required on an abbreviated supplier’s label (section 15, WHMIS Reg.).

If a lab sample is produced in the employer’s workplace

No workplace label is required for a laboratory sample that is produced in the employer’s workplace, but the employer must ensure that the sample is clearly identified through a combination of identification visible to workers and worker education. The identification and education must enable lab workers handling the sample to readily identify and obtain either the information required on a SDS, if one has been prepared, or the labelling information required on an abbreviated supplier’s label (section 15, WHMIS Reg.).

No SDS is required for a hazardous product that is a laboratory sample produced by the employer at the workplace (subsection 18(2), WHMIS Reg.).

Hazardous product produced for research and development

No workplace label is required on a hazardous product that is produced in a lab, not removed from the lab, and intended by the employer solely for research and development purposes. Instead the employer must ensure that the hazardous product is clearly identified through a combination of identification and education that enables workers to identify and obtain either the information required on a SDS, if one has been prepared, or such other information as is needed for the safe use, storage and handling of the product (section 16, WHMIS Reg.).

Construction projects

This section describes the application of WHMIS to construction projects. While there are no requirements in the WHMIS legislation that apply specifically to construction projects, this information is provided because there are differences between construction projects and other workplaces that affect the division of employer responsibilities. Specifically, a construction project may be a multi-employer site. The constructor is an employer, but so is every contractor or sub-contractor associated with a building trade, such as the employer of the electricians, the employer of the painters, etc. The information below is intended to clarify the responsibilities of the constructor, who has overall responsibility for the whole project, and the responsibilities of the contractor or sub-contractor who employs a group of tradespeople who may be on site for only part of the duration of the entire project.

Responsibilities of the constructor

Key responsibilities of a constructor in relation to WHMIS include:

  1. To ensure that all hazardous products on the project are labelled.
  2. To maintain, and make available to workers, copies of all SDSs received from contractors and sub-contractors at the project.
  3. To train the constructor’s workers about WHMIS and about the hazardous products that the constructor brings on site.
  4. To resolve any WHMIS-related conflicts among contractors and sub-contractors on site.

Responsibility 4 is not specifically set out in the OHSA but is suggested as important to the successful implementation of WHMIS on construction projects. It may be considered to fall under the employer’s general duty in the OHSA to take every precaution reasonable in the circumstances for the protection of a worker (clause 25(2)(h), OHSA) or the constructor’s duty in the OHSA to ensure that the health and safety of workers on the project is protected (clause 23(1)(c), OHSA).

Responsibilities of contractors and sub-contractors

Key responsibilities of contractors and sub-contractors in relation to WHMIS include:

  1. To ensure that any hazardous product the contractor or sub-contractor brings on site is labelled.
  2. To maintain, and make available to workers, SDSs for hazardous products the contractor or sub-contractor brings on site.
  3. To give the constructor copies of all SDSs for hazardous products the contractor or sub-contractor brings on site.
  4. To train their own workers about WHMIS and about the hazardous products they may be exposed to.
  5. To inform other contractors, sub-contractors and workers who may be affected by the hazardous products that the contractor or sub-contractor brings on site.
  6. To inform the constructor of WHMIS-related conflicts among contractors or sub-contractors on the project.

Responsibilities 3, 5 and 6 above are not specifically set out in the OHSA but are suggested as important to the successful implementation of WHMIS on construction projects. They may be considered to fall under the employer’s general duty in the OHSA to take every precaution reasonable in the circumstances for the protection of a worker (clause 25(2)(h), OHSA).

Where a construction project is carried out in an operating workplace (e.g. a renovation to an existing plant), what are the responsibilities of the constructor and the employer of the workplace)?

Note: In some cases, the constructor and the employer may be one and the same.

  1. The employer should give the constructor the SDSs for any hazardous products in the employer’s workplace that the constructor’s workers may be exposed to.
  2. The constructor should ensure that all hazardous products brought into the employer’s workplace by the constructor are labelled.
  3. The constructor should give the employer the SDSs for all hazardous products that the constructor brings into the employer’s workplace.
  4. The constructor must train his/her own workers respecting the hazardous products used on the construction project, and the hazardous products likely to be encountered in the employer’s workplace.

How does WHMIS apply to construction materials such as sand, gravel or limestone?

The application of WHMIS to materials like sand, gravel, and limestone is a special one. These materials meet the definition of a hazardous product because of their silica content; however, because of their physical size and shape, they are not necessarily hazardous to worker health. For example, aggregate that is piled on a construction site or used in road building is not likely to endanger worker health or safety. On the other hand, aggregate that is being crushed and sized for use as an abrasive cleaner could endanger worker health because of the dust released during the processing of the aggregate.

Neither the federal nor provincial WHMIS legislation specifically address materials such as sand or gravel, which may or may not be hazardous depending upon the circumstances. It is therefore the policy of the regulators that the WHMIS requirements (labels, SDSs and training) will apply only when such materials are packaged or processed for a specific purpose as described above, and there is a likelihood of endangerment to worker health or safety.