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R.R.O. 1990, Reg. 860: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS)

under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

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Occupational Health and Safety Act

R.R.O. 1990, REGULATION 860

WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS)

Historical version for the period June 6, 2016 to June 30, 2016.

Last amendment: O. Reg. 168/16.

This is the English version of a bilingual regulation.

Note: On July 1, 2016, the French version of the title to the Regulation is remade. (See: O. Reg. 168/16, s. 1)

Note: On July 1, 2016, the Regulation is amended by striking out “controlled product” wherever it appears and substituting in each case “hazardous product”. (See: O. Reg. 168/16, s. 2 (1))

Note: On July 1, 2016, the Regulation is amended by striking out “controlled products” wherever it appears and substituting in each case “hazardous products”. (See: O. Reg. 168/16, s. 2 (2))

Note: On July 1, 2016, the Regulation is amended by striking out “material safety data sheet” wherever it appears and substituting in each case “safety data sheet”. (See: O. Reg. 168/16, s. 2 (3))

Note: On July 1, 2016, the Regulation is amended by striking out “material safety data sheets” wherever it appears and substituting in each case “safety data sheets”. (See: O. Reg. 168/16, s. 2 (4))

CONTENTS

Definitions

1. (1) In this Regulation,

“bulk shipment” means a shipment of a controlled product that is contained without intermediate packaging in,

(a) a vessel with a water capacity of more than 454 litres,

(b) a freight container, road vehicle, railway vehicle, portable tank, freight container that is carried on a road vehicle, railway vehicle, ship or aircraft or a portable tank that is carried on a road vehicle, railway vehicle, ship or aircraft,

(c) the hold of a ship, or

(d) a pipeline; (“expédition en vrac”)

Note: On July 1, 2016, the definition of “bulk shipment” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“bulk shipment” means a shipment of a hazardous product that is contained without intermediate containment or intermediate packaging in,

(a) a vessel with a water capacity equal to or greater than 450 litres,

(b) a freight container, road vehicle, railway vehicle or portable tank,

(c) the hold of a ship, or

(d) a pipeline; (“expédition en vrac”)

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (2))

“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society; (“numéro d’enregistrement CAS”)

“container” includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or similar package or receptacle; (“contenant”)

“controlled product” means a product, material or substance determined in accordance with Part IV of the Controlled Products Regulations (Canada) to be included in a class listed in Schedule II of the Hazardous Products Act (Canada); (“produit contrôlé”)

Note: On July 1, 2016, the definition of “controlled product” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 168/16, s. 3 (3))

Controlled Products Regulations (Canada)” means the Controlled Products Regulations, SOR/88-66, made under the Hazardous Products Act (Canada), as the Regulations read on the 31st day of October, 1988; (“Règlement sur les produits contrôlés (Canada)”)

Note: On July 1, 2016, the definition of “Controlled Products Regulations (Canada)” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 168/16, s. 3 (3))

“fugitive emission” means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from process equipment, from emission control equipment or from a product; (“émission fugitive”)

Note: On July 1, 2016, the definition of “fugitive emission” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“fugitive emission” means a gas, liquid, solid, vapour, fume, mist, fog or dust that meets the following conditions:

1. The gas, liquid, solid, vapour, fume, mist, fog or dust escaped from process equipment, from emission control equipment or from a product.

2. Workers may be readily exposed to the gas, liquid, solid, vapour, fume, mist, fog or dust; (“émission fugitive”)

“hazard information” means information on the proper and safe use, storage and handling of a controlled product and includes information relating to the toxicological properties of the controlled product; (“renseignements sur les dangers”)

Note: On July 1, 2016, the definition of “hazard information” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“hazard information” means information on the proper and safe use, storage and handling of a hazardous product and includes information relating to the product’s health and physical hazards; (“renseignements sur les dangers”)

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (3))

“hazardous product” means any product, mixture, material or substance that is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada); (“produit dangereux”)

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (3))

Hazardous Products Regulations (Canada)” means the Hazardous Products Regulations, SOR/2015-17, made under the Hazardous Products Act (Canada); (“Règlement sur les produits dangereux (Canada)”)

“hazardous waste” means a controlled product that is intended for disposal or is sold for recycling or recovery; (“résidu dangereux”)

Note: On July 1, 2016, the definition of “hazardous waste” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“hazardous waste” means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (“résidu dangereux”)

“label” includes a mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper; (“étiquette”)

Note: On July 1, 2016, the definition of “label” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“label” means a group of written, printed or graphic information elements that relate to a hazardous product, which is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged; (“étiquette”)

“laboratory sample” means, in respect of a controlled product, a sample of the controlled product that is intended solely to be tested in a laboratory but does not include a controlled product that is to be used,

(a) by the laboratory for testing other products, materials or substances, or

(b) for educational or demonstration purposes; (“échantillon pour laboratoire”)

Note: On July 1, 2016, the definition of “laboratory sample” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

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

(a) by the laboratory for testing other products, mixtures, materials or substances, or

(b) for educational or demonstration purposes; (“échantillon pour laboratoire”)

“manufactured article” means an article formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product; (“article fabriqué”)

Note: On July 1, 2016, the definition of “manufactured article” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“manufactured article” means an article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product; (“article manufacturé”)

“material safety data sheet” means a document that meets the requirements of,

(a) subsection 17 (2) if it is a supplier material safety data sheet, and

(b) subsection 18 (3) if it is prepared by an employer; (“feuille de données sur la sûreté des matériaux”)

Note: On July 1, 2016, the definition of “material safety data sheet” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 168/16, s. 3 (3))

“medical professional” means a person who, under the laws of the province in which the person is practising,

(a) is a legally-qualified medical practitioner, or

(b) is registered as a registered nurse; (“membre d’une profession médicale”)

“product identifier” means, in respect of a controlled product, the brand name, code name or code number specified by a supplier or the chemical name, common name, generic name or trade name; (“identificateur du produit”)

Note: On July 1, 2016, the definition of “product identifier” in subsection 1 (1) of the Regulation is amended by striking out “code name or code number specified by a supplier or the”. (See: O. Reg. 168/16, s. 3 (1))

“research and development” means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of controlled products, and includes,

(a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

(b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or controlled products; (“recherche et développement”)

“risk phrase” means, in respect of a controlled product or a class, division or subdivision of controlled products, a statement identifying a hazard that may arise from the nature of the controlled product or the class, division or subdivision of controlled products; (“mention de risque”)

Note: On July 1, 2016, the definition of “risk phrase” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 168/16, s. 3 (4))

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (3))

“safety data sheet” means,

(a) a supplier safety data sheet, or

(b) a safety data sheet prepared by an employer under subsection 18 (1) of this Regulation; (“fiche de données de sécurité”)

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (2))

“significant new data” means new data regarding the hazard presented by a hazardous product that change its classification, in accordance with the Hazardous Products Regulations (Canada), in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada), or results in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product; (“nouvelles données importantes”)

“supplier label” means, in respect of a controlled product, a label provided by a supplier disclosing the information and displaying the hazard symbols referred to in paragraph 13 (b) of the Hazardous Products Act (Canada); (“étiquette du fournisseur”)

Note: On July 1, 2016, the definition of “supplier label” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 3 (3))

“supplier label” means, in respect of a hazardous product, a label provided by a supplier that contains the information required by the Hazardous Products Regulations (Canada) for that hazardous product; (“étiquette du fournisseur”)

“supplier material safety data sheet” means, in respect of a controlled product, a material safety data sheet provided by a supplier; (“feuille de données sur la sûreté des matériaux du fournisseur”)

Note: On July 1, 2016, the definition of “supplier material safety data sheet” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 168/16, s. 3 (4))

Note: On July 1, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 168/16, s. 3 (2))

“supplier safety data sheet” means, in respect of a hazardous product, a safety data sheet provided by a supplier that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet; (“fiche de données de sécurité du fournisseur”)

“workplace label” means, in respect of a controlled product, a label that discloses,

(a) a product identifier identical to that found on the material safety data sheet for the controlled product,

(b) information for the safe handling of the controlled product, and

(c) that a material safety data sheet, if supplied or produced, is available. (“étiquette du lieu de travail”)

(2) In this Regulation, “produces” in relation to the production of a controlled product does not include the production of a fugitive emission or of intermediate products undergoing reaction within a reaction vessel or process vessel.  R.R.O. 1990, Reg. 860, s. 1.

Designation of Hazardous Materials

2. Every controlled product is designated as a hazardous material.  R.R.O. 1990, Reg. 860, s. 2.

Assessment of Biological and Chemical Agents

3. (1) An employer shall assess all biological and chemical agents produced in the workplace for use therein to determine if they are hazardous materials.

(2) No employer is required to assess under subsection (1),

(a) wood or a product made of wood;

(b) tobacco or a product made of tobacco; or

Note: On July 1, 2016, clause 3 (2) (b) of the Regulation is amended by striking out “product made of tobacco” and substituting “tobacco product within the meaning of section 2 of the Tobacco Act (Canada)”. (See: O. Reg. 168/16, s. 4 (1))

(c) a manufactured article.

Note: On July 1, 2016, the French version of clause 3 (2) (c) of the Regulation is amended. (See: O. Reg. 168/16, s. 4 (2))

(3) An assessment under subsection (1) shall be performed in accordance with Part IV of the Controlled Products Regulations (Canada).  R.R.O. 1990, Reg. 860, s. 3.

Note: On July 1, 2016, subsection 3 (3) of the Regulation is amended by striking out “Part IV” and substituting “Parts 7 and 8”. (See: O. Reg. 168/16, s. 4 (3))

Application

4. (1) Sections 5 to 25 apply to employers and workers in respect of controlled products used, stored and handled at a workplace.

(2) Section 8 (supplier labels), sections 13 and 14 (laboratory labels) and sections 17 and 18 (material safety data sheets) do not apply with respect to,

(a) an explosive within the meaning of the Explosives Act (Canada);

(b) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act (Canada);

(c) a control product within the meaning of the Pest Control Products Act (Canada);

(d) a prescribed substance within the meaning of the Atomic Energy Control Act (Canada); or

(e) a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

Note: On July 1, 2016, subsection 4 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 5 (1))

(2) Section 8 (supplier labels), section 14 (laboratory samples) and sections 17 and 18 (safety data sheets) do not apply with respect to,

(a) an explosive within the meaning of section 2 of the Explosives Act (Canada);

(b) a cosmetic, device, drug or food within the meaning of section 2 of the Food and Drugs Act (Canada);

(c) a pest control product within the meaning of subsection 2 (1) of the Pest Control Products Act (Canada);

(d) a nuclear substance that is radioactive and that is within the meaning of a nuclear substance under section 2 of the Nuclear Safety and Control Act (Canada); or

(e) a consumer product within the meaning of section 2 of the Canada Consumer Product Safety Act (Canada). O. Reg. 168/16, s. 5 (1).

(3) Sections 5 to 25 do not apply with respect to a controlled product that,

(a) is wood or a product made of wood;

(b) is tobacco or a product made of tobacco;

Note: On July 1, 2016, clause 4 (3) (b) of the Regulation is amended by striking out “product made of tobacco” and substituting “tobacco product within the meaning of section 2 of the Tobacco Act (Canada)”. (See: O. Reg. 168/16, s. 5 (2))

(c) is a manufactured article; or

Note: On July 1, 2016, the French version of clause 4 (3) (c) of the Regulation is amended. (See: O. Reg. 168/16, s. 5 (3))

(d) is being transported or handled in accordance with the requirements of the Dangerous Goods Transportation Act (Ontario) or the Transportation of Dangerous Goods Act (Canada).

Note: On July 1, 2016, clause 4 (3) (d) of the Regulation is amended by striking out “Transportation of Dangerous Goods Act (Canada)” and substituting “Transportation of Dangerous Goods Act, 1992 (Canada)”. (See: O. Reg. 168/16, s. 5 (4))

(4) Sections 5 to 25 do not apply with respect to hazardous waste except to the extent that an employer shall ensure the safe storage and handling of hazardous waste generated at a workplace through a combination of identification and worker education.  R.R.O. 1990, Reg. 860, s. 4.

Note: On July 1, 2016, subsection 4 (4) of the Regulation is amended by striking out “generated at a workplace”. (See: O. Reg. 168/16, s. 5 (5))

Exemptions From Clauses 37 (1) (a) and (b) of the Act

5. (1) An employer may store a controlled product received from a supplier without having a label on it, without obtaining a material safety data sheet for it and without conducting a program of worker education about it while the employer is actively seeking a supplier label and a supplier material safety data sheet for it.

(2) An employer may store an employer-produced controlled product without applying a label to it or using other identification for it, without a material safety data sheet for it and without conducting a program of worker education about it while the employer is actively seeking the information about it that is required to prepare a workplace label and a material safety data sheet.  R.R.O. 1990, Reg. 860, s. 5.

Worker Education

6. (1) An employer shall ensure that a worker who works with or in proximity to a controlled product received from a supplier is informed about all hazard information the employer receives from the supplier concerning the controlled product and all further hazard information of which the employer is or ought to be aware concerning its use, storage and handling.

(2) An employer who produces a controlled product in a workplace shall ensure that every worker who works with or in proximity to the controlled product is informed about all hazard information of which the employer is or ought to be aware concerning the controlled product and its use, storage and handling.  R.R.O. 1990, Reg. 860, s. 6.

Note: On July 1, 2016, section 6 of the Regulation is amended by striking out “in proximity” wherever it appears and substituting in each case “who may be exposed in the course of his or her work”. (See: O. Reg. 168/16, s. 6)

7. (1) An employer shall ensure that every worker who works with or in proximity to a controlled product is instructed in,

Note: On July 1, 2016, subsection 7 (1) of the Regulation is amended by striking out “in proximity” and substituting “who may be exposed in the course of his or her work”. (See: O. Reg. 168/16, s. 7)

(a) the contents required on a supplier label and workplace label, and the purpose and significance of the information contained on the labels;

(b) the contents required on a material safety data sheet and the purpose and significance of the information contained on a material safety data sheet;

(c) procedures for the safe use, storage, handling and disposal of a controlled product;

(d) procedures for the safe use, storage, handling and disposal of a controlled product when it is contained or transferred in,

(i) a pipe,

(ii) a piping system including valves,

(iii) a process vessel,

(iv) a reaction vessel, or

(v) a tank car, a tank truck, an ore car, a conveyor belt or a similar conveyance;

(e) procedures to be followed when fugitive emissions are present; and

(f) procedures to be followed in case of an emergency involving a controlled product.

(2) An employer shall ensure that the program of worker education required by subsection (1) is developed and implemented for the employer’s workplace and is related to any other training, instruction and prevention programs at the workplace.

(3) An employer shall ensure, so far as is reasonably practicable, that the program of worker instruction required by subsection (1) results in the workers being able to use the information to protect their health and safety.  R.R.O. 1990, Reg. 860, s. 7.

Labels

supplier labels

8. (1) An employer shall ensure that every controlled product not in a container, and every container of a controlled product, received at a workplace from a supplier is labelled with a supplier label.

(2) No employer shall alter a supplier label on a container in which a controlled product is received from a supplier while any of the controlled product remains in the container.

(3) If a label applied to a controlled product or a container of a controlled product becomes illegible or is removed, an employer shall replace the label with either a supplier label or a workplace label.

(4) An employer who receives a controlled product in a multi-container shipment in which the supplier has not labelled the individual containers shall affix to each container a label that discloses the information and displays the hazard symbols referred to in paragraph 13 (b) of the Hazardous Products Act (Canada).

Note: On July 1, 2016, subsection 8 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 8)

(4) Despite subsections (2) and (3), a supplier label may be removed from a container with a capacity of 3 mL or less if the label interferes with the normal use of the hazardous product. O. Reg. 168/16, s. 8.

(5) An employer who receives at a workplace a controlled product imported under section 23 of the Controlled Products Regulations (Canada) without a supplier label shall affix to it a label that discloses the information and displays the hazard symbols referred to in paragraph 13 (b) of the Hazardous Products Act (Canada).

Note: On July 1, 2016, subsection 8 (5) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 8)

(5) If an employer receives significant new data from a supplier about a hazardous product, the employer shall, as soon as practicable, attach to every relevant supplier label required under this section, new information that reflects the significant new data. O. Reg. 168/16, s. 8.

(6) An employer who receives from a supplier a controlled product transported as a bulk shipment,

(a) shall affix a supplier label to the container of the controlled product or to the controlled product in the workplace; or

(b) shall affix a workplace label to the container of the controlled product or to the controlled product in the workplace, if under subsection 15 (1) of the Controlled Products Regulations (Canada) the supplier is not required to label the controlled product.  R.R.O. 1990, Reg. 860, s. 8.

Note: On July 1, 2016, subsection 8 (6) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 8)

(6) An employer who imports and receives, under the Hazardous Products Regulations (Canada), a hazardous product for use in the employer’s own workplace, without a supplier label or with a supplier label that does not meet all the labelling requirements of the Hazardous Products Regulations (Canada), shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product. O. Reg. 168/16, s. 8.

(7) An employer who receives at a workplace an unpackaged hazardous product without a supplier label or a hazardous product transported as a bulk shipment without a supplier label, shall affix to the product a label that meets the Hazardous Products Regulations (Canada) labelling requirements for that hazardous product. O. Reg. 168/16, s. 8.

workplace labels for employer-produced products

9. (1) An employer who produces a controlled product in a workplace shall ensure that the controlled product or the container of the controlled product has a workplace label.

(2) Subsection (1) does not apply when the controlled product is in a container that is intended to contain it for sale or disposition and the container is, or is about to be, appropriately labelled.  R.R.O. 1990, Reg. 860, s. 9.

Note: On July 1, 2016, section 9 of the Regulation is amended by adding the following subsection: (See: O. Reg. 168/16, s. 9)

(3) An employer shall update a workplace label referred to in subsection (1) as soon as practicable after significant new data about the product becomes available to the employer. O. Reg. 168/16, s. 9.

workplace labels for decanted products

10. (1) If a controlled product that an employer receives in a container from a supplier is transferred to another container, the employer shall ensure that the other container has a workplace label.

(2) No supplier label or workplace label is required on a portable container that is filled directly from a container of a controlled product with a supplier label or workplace label,

(a) if,

(i) the controlled product is under the control of and is used exclusively by the worker who filled the portable container,

(ii) the controlled product is used only during the shift in which the portable container was filled, and

(iii) the contents of the portable container are clearly identified; or

(b) if all of the controlled product in the portable container is required for immediate use.  R.R.O. 1990, Reg. 860, s. 10.

identification of a controlled product in piping systems and vessels

11. An employer shall ensure the safe use, storage and handling of a controlled product in a workplace through worker education and the use of colour coding, labels, placards or another mode of identification when the controlled product is contained or transferred in,

(a) a pipe;

(b) a piping system including valves;

(c) a process vessel;

(d) a reaction vessel; or

(e) a tank car, a tank truck, an ore car, a conveyor belt or a similar conveyance.  R.R.O. 1990, Reg. 860, s. 11.

placard identifiers

12. No label is required on a controlled product,

(a) if the controlled product,

(i) is not in a container,

(ii) is in a container or in a form intended for export, or

(iii) is in a container that is intended to contain it for sale or distribution and the container is not about to be appropriately labelled as referred to in subsection 9 (2) but is to be appropriately labelled within the normal course of the employer’s business and without undue delay; and

(b) if the employer posts a placard that discloses the information required on a workplace label for the controlled product and is of such size and in such a location that the information is conspicuous and clearly legible to workers.  R.R.O. 1990, Reg. 860, s. 12.

laboratory labels

13. (1) No supplier label is required on a controlled product that an employer receives from a supplier,

(a) if the controlled product,

(i) originates from a laboratory supply house,

(ii) is intended by the employer solely for use in a laboratory, and

(iii) is packaged in a container in a quantity of less than ten kilograms; and

(b) if the supplier provides a label that is affixed to the container of the controlled product disclosing the information described in subsection (2).

(2) A label referred to in clause (1) (b) shall disclose with respect to the controlled product,

(a) a product identifier;

(b) if a material safety data sheet is available, a statement indicating that fact; and

(c) risk phrases, precautionary measures and first aid measures applicable to the controlled product.  R.R.O. 1990, Reg. 860, s. 13.

Note: On July 1, 2016, section 13 of the Regulation is revoked. (See: O. Reg. 168/16, s. 10)

14. (1) No supplier label is required on a sample of a product received from a supplier although the product is, or the employer has reason to believe the product may be, a controlled product,

(a) if the controlled product,

(i) is contained in a container that contains less than ten kilograms of the product,

(ii) is intended by the employer solely for analysis testing or evaluation in a laboratory, and

(iii) is one in respect of which the supplier is exempted by subsection 9 (1) of the Controlled Products Regulations (Canada) from the requirement to provide a material safety data sheet; and

(b) if the supplier provides a label that is affixed to the container of the controlled product disclosing the information described in subsection (2).

(2) A label referred to in clause (1) (b) shall disclose with respect to a controlled product,

(a) the product identifier;

(b) the chemical identity or generic chemical identity of every ingredient of the controlled product referred to in subparagraphs 13 (a) (i) to (v) of the Hazardous Products Act (Canada), if known to the supplier or the employer;

(c) the supplier identifier;

(d) the statement “Hazardous Laboratory Sample, for hazard information or in an emergency call insert the number described in clause (e)”; and

(e) an emergency telephone number of the supplier that will enable,

(i) a user of the controlled product to obtain hazard information in respect of the controlled product, and

(ii) a medical professional to obtain the information in respect of the controlled product that is referred to in paragraph 13 (a) of the Hazardous Products Act (Canada) and is in the possession of the supplier for the purpose of making a medical diagnosis of, or rendering treatment to, a person in an emergency.  R.R.O. 1990, Reg. 860, s. 14.

Note: On July 1, 2016, section 14 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 10)

Laboratory Samples

14. (1) No supplier label is required on a laboratory sample of a hazardous product if,

(a) the laboratory sample is exempt from labelling requirements under subsection 5 (5) or (6) of the Hazardous Products Regulations (Canada); and

(b) the supplier provides a label that is affixed to a container of the hazardous product and that discloses the information described in subsection (2). O. Reg. 168/16, s. 10.

(2) A label referred to in clause (1) (b) shall disclose the following information about the hazardous product:

1. The chemical name or generic chemical name, if known to the supplier, of every material or substance in the hazardous product where,

i. individually, the material or substance is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and is present above the relevant concentration limit, and

ii. in a mixture, the material or substance is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.

2. 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 insert the number described in paragraph 3”.

3. An emergency telephone number for the purposes of obtaining the information that must be provided on the safety data sheet for the hazardous product. O. Reg. 168/16, s. 10.

15. (1) If an employer complies with subsection (2), no supplier label or workplace label is required for a controlled product that,

(a) is produced in the workplace or is in a container other than the container in which it was received from a supplier;

(b) originates from a laboratory supply house or is a laboratory sample;

(c) is intended by the employer solely for use, analysis, testing or evaluation in a laboratory; and

(d) is clearly identified through a combination of identification visible to workers at the workplace and worker education.

(2) For the purpose of subsection (1), the employer shall ensure that the identification and worker education for the controlled product or sample enables the workers to readily identify and obtain either the information required on a material safety data sheet or,

(a) for a controlled product that originates from a laboratory supply house, the information described in clauses 13 (2) (a) to (c) on a label; and

(b) for a laboratory sample, the information described in clauses 14 (2) (a) to (e) on a label.  R.R.O. 1990, Reg. 860, s. 15.

Note: On July 1, 2016, section 15 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 10)

15. (1) If an employer complies with subsection (2), no workplace label is required for a laboratory sample that,

(a) is produced in the workplace or is in a container other than the container in which it was received from a supplier; and

(b) is clearly identified through a combination of identification visible to workers at the workplace and worker education. O. Reg. 168/16, s. 10.

(2) For the purpose of subsection (1), the employer shall ensure that the identification and worker education for the laboratory sample enable the workers to readily identify and obtain either the information required on a safety data sheet, if one has been prepared, or the information described in subsection 14 (2) on a label. O. Reg. 168/16, s. 10.

16. (1) If an employer complies with subsection (2), no workplace label is required for a controlled product that,

(a) is produced in a laboratory;

(b) is intended by the employer solely for evaluation, analysis or testing for research and development;

(c) is not removed from the laboratory; and

(d) is clearly identified through a combination of identification visible to workers at the workplace and worker education.

(2) For the purposes of subsection (1), the employer shall ensure that the identification and worker education for the controlled product enables workers to readily identify and obtain either the information required on a material safety data sheet, if one has been prepared, or such other information as is necessary to ensure the safe use, storage and handling of the controlled product.  R.R.O. 1990, Reg. 860, s. 16.

Material Safety Data Sheets

supplier material safety data sheets

17. (1) An employer who receives a controlled product from a supplier for use at a workplace shall obtain a supplier material safety data sheet for the controlled product.

(2) A supplier material safety data sheet for a controlled product shall contain the same information as the material safety data sheet, if any, that the supplier is required in the circumstances to transmit to a purchaser of the controlled product under paragraph 13 (a) of the Hazardous Products Act (Canada).

(3) When a supplier material safety data sheet obtained under subsection (1) is three years old, the employer shall, if possible, obtain from the supplier an unexpired supplier material safety data sheet if any of the controlled product remains in the workplace.

(4) An employer who is unable to obtain a material safety data sheet as referred to in subsection (3) shall add all new hazard information for the controlled product to the existing supplier material safety data sheet on the basis of the ingredients disclosed in it.

(5) An employer may provide a material safety data sheet in a different format from that of the supplier material safety data sheet for the controlled product or containing additional hazard information,

(a) if the material safety data sheet provided by the employer, subject to subsection 40 (6) of the Act, contains no less content than the supplier material safety data sheet; and

(b) if the supplier material safety data sheet is available at the workplace and the employer-provided material safety data sheet indicates that fact.

(6) If a supplier is exempted by subsection 9 (1) or section 10 of the Controlled Products Regulations (Canada) from providing a material safety data sheet for a controlled product, an employer is exempted from obtaining one from the supplier.  R.R.O. 1990, Reg. 860, s. 17.

Note: On July 1, 2016, section 17 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 11)

17. (1) An employer who receives a hazardous product from a supplier for use, storage or handling at a workplace shall obtain a supplier safety data sheet for the hazardous product from the supplier unless the supplier is exempted under the Hazardous Products Regulations (Canada) from providing a safety data sheet for the hazardous product. O. Reg. 168/16, s. 11.

(2) An employer shall update a supplier safety data sheet obtained under subsection (1) as soon as practicable after significant new data about the product is provided by the supplier or otherwise becomes available to the employer. O. Reg. 168/16, s. 11.

(3) An employer may provide a safety data sheet in a different format from that of the supplier safety data sheet for the hazardous product or containing additional hazard information if,

(a) the safety data sheet provided by the employer, subject to subsection 40 (6) of the Act, contains no less content than the supplier safety data sheet; and

(b) the supplier safety data sheet is available at the workplace and the employer-provided safety data sheet indicates that fact. O. Reg. 168/16, s. 11.

employer material safety data sheets

18. (1) An employer who produces a controlled product at a workplace shall prepare a material safety data sheet for the controlled product.

(2) No material safety data sheet is required for a controlled product that is a laboratory sample produced by the employer at the workplace.

(3) A material safety data sheet prepared for a controlled product by an employer shall contain the information that a supplier of the controlled product would be required, in the circumstances, to disclose under paragraph 13 (a) of the Hazardous Products Act (Canada) on a material safety data sheet if the controlled product were being sold to a purchaser.

(4) An employer shall update a material safety data sheet referred to in subsection (1),

(a) as soon as is practical but not later than ninety days after new hazard information about the controlled product becomes available to the employer; and

(b) at least every three years.  R.R.O. 1990, Reg. 860, s. 18.

Note: On July 1, 2016, section 18 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 12)

18. (1) An employer who produces a hazardous product at a workplace shall prepare a safety data sheet for the product that complies with the requirements of the Hazardous Products Regulations (Canada) for a safety data sheet. O. Reg. 168/16, s. 12.

(2) No safety data sheet is required for a hazardous product that is a laboratory sample produced by the employer at the workplace. O. Reg. 168/16, s. 12.

(3) An employer shall update a safety data sheet referred to in subsection (1) as soon as practicable but not later than 90 days after significant new data about the hazardous product becomes available to the employer. O. Reg. 168/16, s. 12.

Confidential Business Information

19. The Hazardous Materials Information Review Commission, established by subsection 28 (1) of the Hazardous Materials Information Review Act (Canada), including an appeal board established under subsection 43 (1) of that Act, is designated as the claims board and its procedures are adopted for the purposes of section 40 of the Act.  R.R.O. 1990, Reg. 860, s. 19; O. Reg. 36/93, s. 1.

Note: On July 1, 2016, section 19 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 12)

Confidential Business Information

19. (1) A claim under subsection 40 (1) of the Act for exemption from disclosure shall be made only in respect of,

(a) in the case of a material or substance that is a hazardous product,

(i) the chemical name of the material or substance,

(ii) the CAS registry number or any other unique identifier of the material or substance, and

(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada) and that contributes to the classification of the material or substance in the hazard class under that Act;

(b) in the case of an ingredient that is in a mixture that is a hazardous product,

(i) the chemical name of the ingredient,

(ii) the CAS registry number or any other unique identifier of the ingredient, and

(iii) the concentration or concentration range of the ingredient;

(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;

(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade name or brand name;

(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and

(f) information that could be used to identify a supplier of a hazardous product. O. Reg. 168/16, s. 12.

(2) If an employer excludes from a label or safety data sheet information in respect of which an exemption is claimed, the label or safety data sheet must contain all information otherwise required by this Regulation. O. Reg. 168/16, s. 12.

20. (1) A claim under subsection 40 (1) of the Act for exemption from disclosure shall be made only in respect of,

(a) the chemical identity or concentration of an ingredient of a controlled product;

(b) the name of a toxicological study that identifies an ingredient of a controlled product;

(c) the chemical name, common name, generic name, trade name or brand name of a controlled product; or

(d) information that could be used to identify a supplier of a controlled product.  R.R.O. 1990, Reg. 860, s. 20.

(2) A label or material safety data sheet, to which a claim for an exemption from disclosure relates, shall meet the requirements of this Regulation excluding the information for which the exemption is sought.  O. Reg. 36/93, s. 2.

Note: On July 1, 2016, section 20 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 12)

20. (1) An employer who files a claim under subsection 40 (1) of the Act for exemption from disclosure in respect of a hazardous product shall state on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged, the date that the claim for exemption was filed and the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada). O. Reg. 168/16, s. 12.

(2) The information described in subsection (1) shall remain on the safety data sheet or label until,

(a) 30 days after the final disposition of the proceedings in relation to the claim for exemption; or

(b) if an order is issued under the Hazardous Materials Information Review Act (Canada) in respect of the claim, the end of the period specified in the order. O. Reg. 168/16, s. 12.

21. The claims board shall determine the issue of confidentiality of business information using the criteria set out in the Hazardous Materials Information Review Regulations, SOR/88-456, made under the Hazardous Materials Information Review Act (Canada), as the Regulations read on the 31st day of October, 1988.  R.R.O. 1990, Reg. 860, s. 21.

Note: On July 1, 2016, section 21 of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 12)

21. If an employer files a claim under subsection 40 (1) of the Act for an exemption from disclosure in respect of a hazardous product that is produced in the employer’s workplace and the employer excludes from the safety data sheet information in respect of which the exemption is claimed, the following rules apply with respect to the safety data sheet:

1. If the claim is being made in respect of information set out in clause 19 (1) (a) or subclauses 19 (1) (b) (i) or (ii) of this Regulation, the safety data sheet shall include:

i. in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance, or

ii. in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that,

A. individually, is classified in accordance with the Hazardous Products Regulations (Canada) in a category or subcategory of a hazard class listed in Schedule 2 to the Hazardous Products Act (Canada), and is present above the relevant concentration limit, or

B. is present at a concentration that results in the mixture being classified in a category or subcategory of a hazard class.

2. If the claim is being made in relation to information set out in clause 19 (1) (d) of this Regulation, the safety data sheet shall include the code name or code number of the hazardous product. O. Reg. 168/16, s. 12.

22. (1) An employer who files a claim under subsection 40 (1) of the Act for exemption from disclosure in respect of a controlled product shall state on the material safety data sheet and, if applicable, on the label for the controlled product or container in which the controlled product is packaged the date that the claim for exemption was filed and the registry number assigned to the claim by the claims board.

(2) An employer whose claim for exemption from disclosure is determined to be valid shall not continue to disclose the information required by subsection (1),

(a) if the decision is not appealed, more than thirty days after the expiry of the appeal period; and

(b) if the decision is appealed, more than thirty days after the expiry of the appeal period in respect of the decision on appeal, if there is no appeal of that decision.  R.R.O. 1990, Reg. 860, s. 22.

Note: On July 1, 2016, section 22 of the Regulation is revoked. (See: O. Reg. 168/16, s. 12)

23. (1) An employer whose claim or a portion of whose claim under subsection 40 (1) of the Act for exemption from disclosure is determined to be valid shall disclose on the material safety data sheet and, if applicable, on the label for the controlled product or container in which the controlled product is packaged,

(a) a statement that an exemption has been granted;

(b) the date of the decision granting the exemption; and

(c) the registry number assigned to the claim by the claims board.

Note: On July 1, 2016, subsection 23 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 168/16, s. 13)

(1) An employer whose claim or a portion of whose claim under subsection 40 (1) of the Act for exemption from disclosure is determined to be valid shall disclose on the safety data sheet and, if applicable, on the label for the hazardous product or container in which the hazardous product is packaged,

(a) a statement that an exemption has been granted;

(b) the date of the decision granting the exemption; and

(c) the registry number assigned to the claim under the Hazardous Materials Information Review Act (Canada). O. Reg. 168/16, s. 13.

(2) An employer shall disclose the information required under subsection (1) beginning not more than thirty days after the final disposition of the claim and ending on the last day of the exemption period.  R.R.O. 1990, Reg. 860, s. 23.

Disclosure of Information in Medical Emergencies

24. For the purposes of clause 25 (2) (b) of the Act, an employer is required to provide information, including confidential business information, to a medical professional.  R.R.O. 1990, Reg. 860, s. 24.

Disclosure of Source of Toxicological Data

25. Subject to subsection 40 (6) of the Act, an employer who produces a controlled product in a workplace shall disclose as quickly as possible under the circumstances the source of any toxicological data used by the employer to prepare a material safety data sheet when the employer is requested to do so by,

(a) an inspector;

(b) a worker at the workplace;

(c) a member of the health and safety committee, if any;

(d) the health and safety representative, if any; or

(e) in the absence of a health and safety committee or health and safety representative, a representative of the workers at the workplace.  R.R.O. 1990, Reg. 860, s. 25.

Note: On July 1, 2016, section 25 of the Regulation is amended by striking out “health and safety committee” wherever it appears and substituting in each case “committee”. (See: O. Reg. 168/16, s. 14)

Note: On July 1, 2016, the Regulation is amended by adding the following section: (See: O. Reg. 168/16, s. 15)

Transition

25.1 (1) During the first transition period, the following rules apply:

1. An employer may continue to receive and use hazardous products with labels and safety data sheets that comply with the provisions of this Regulation relating to labels and material safety data sheets as they read immediately before July 1, 2016.

2. The worker education provisions of this Regulation as they read immediately before July 1, 2016, relating to the hazardous products described in paragraph 1, continue to apply. O. Reg. 168/16, s. 15.

(2) During the second transition period, the following rules apply:

1. An employer may continue to use hazardous products already at the workplace with labels and safety data sheets that comply with the provisions of this Regulation relating to labels and material safety data sheets as they read immediately before July 1, 2016.

2. The worker education provisions of this Regulation as they read immediately before July 1, 2016, relating to the hazardous products described in paragraph 1, continue to apply. O. Reg. 168/16, s. 15.

(3) In this section,

“first transition period” means the period beginning on July 1, 2016 and ending on May 31, 2018; (“première période de transition”)

“second transition period” means the period beginning on June 1, 2018 and ending on November 30, 2018. (“deuxième période de transition”) O. Reg. 168/16, s. 15.

Citation

26. This Regulation may be cited as the Workplace Hazardous Materials Information System (WHMIS) Regulation.  R.R.O. 1990, Reg. 860, s. 26.