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WHMIS is the acronym for Canada’s Workplace Hazardous Materials Information System. In 2015, WHMIS in Canada was brought into alignment with the hazard communication system developed by the United Nations called the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
WHMIS is a system for communicating health and safety information about the safe handling, storage, and use of hazardous materials in the workplace. Main components of WHMIS include hazard classification and identification, standards in labeling that include written language and pictographs, Safety Data Sheets (SDSs), and programming for employee education.
Under WHMIS, there are requirements for suppliers, employers, and employees that all make up the network of communication. Suppliers must ensure appropriate labeling and classifications of hazardous products and provide SDSs about the hazardous products they supply. Employees must participate in education provided by employers about WHMIS, and employers must provide a comprehensive WHMIS program delivered through multiple channels in the workplace.
In New Brunswick, the WHMIS program is monitored and enforced by the Occupational Health and Safety Act, and Workplace Hazardous Materials Information System Regulation, NB 88-221, which are legislations based off of the related federal components (the Hazardous Products Act and the Controlled Products Regulations).
When employers discuss having to educate their employees on WHMIS, they are referring to the ways they are expected to provide communication and education about hazardous materials.
As an employer in New Brunswick, do I need to educate and train my employees on WHMIS?
Yes, any and every workplace where there are hazardous products present, from transportation, to manufacturing of hazardous products, to a simple office space where cleaning supplies are used, requires a WHMIS program. New Brunswick law, similar to the other provinces and territories, requires employers to bear the legal obligation to provide WHMIS education to their employees.
This means that a WHMIS program must be in place that covers multiple areas and is kept up to date. WHMIS programming includes making sure that all labels for containers of products with hazardous chemical contents are labeled in accordance with current WHMIS practices. Labels must use both pictographs and written language, include a classification as to which hazardous product category it falls into, and information about the emergency procedures or where to find such information. Labels must also be inspected and maintained, and if labels are missing or have been found that have been damaged or outdated, it is the responsibility of the employer to affix an up to date label as soon as possible.
Employers must also maintain SDSs on the hazardous materials used in the workplace, ensuring that they are visible and available to all employees.
Employers must deliver education and maintain records of the type and date of education that their employees have received. Proof of the comprehension levels of their employees must also be secured so that they can confidently say that education has been sufficiently achieved in the workplace. Employees must be able to identify symbols and know the risks of the different hazardous chemicals, along with their emergency procedures for the individual and for the general public.
General WHMIS education is the same standard in training that is required across the country, but employers will also need to discern if job specific training is required above and beyond the general level of education provided. If a job has a certain focus or application that requires handling of specific hazardous materials, more intensive education needs to be provided for that employee to be safe. Personal protection equipment and equipment specific to the safe conduct of the job performance must be ensured by the employer before the employer has done their appropriate level of responsibility in providing WHMIS education.
How frequently do I need to train my workers on WHMIS in New Brunswick?
WHMIS education is mandated to be reviewed annually in New Brunswick, however, if there are updates to the current WHMIS materials, education on the newest content must be delivered in a reasonable and timely manner. This may mean that a WHMIS education program needs to be monitored for updates more than once per year.
Additionally, if job requirements change or the workplace changes its functions or stocks different supplies, WHMIS training may be need to be applied that now covers more specific content for the workers affected.
Do I need to have a WHMIS Certificate for my employees?
New Brunswick WHMIS laws do not currently require employees to have a WHMIS certificate or card, therefore it is not mandatory for employers to provide a WHMIS certificate for each employee. However, it is the obligation of the employer to reasonably prove that the WHMIS education program exists and is up to date, and that all employees do have a sufficient level of understanding of WHMIS 2015.
There is no specified training organization that is legally required, nor is there one level of comprehension that is legally mandated for employees to have achieved. This means that any training organization of good repute can aid employers in this goal. Another recommendation is to seek the advice of any locally known committees or organizations that work specifically with New Brunswick Occupational Health and Safety, such as Work Safe NB or other local initiatives. Reaching out to these groups can help ensure your workplace meets the WHMIS requirements.
And it is becoming an expectation from some organizations that before employees from one organization perform any duties that may take them into another work site, the operators of the new work site can demand to see a current WHMIS certificate. Having an up to date WHMIS certificate with the individual’s name, WHMIS training provider, training and test dates, etc. can provide a benefit for your company and for the employee - and also for independent contractors should they seek to work jobs at a job site that may ask for a WHMIS certificate.
When you have questions about local WHMIS requirements you can contact the jurisdiction that regulates WHMIS for New Brunswick. More information is available at this link on the New Brunswick WorkSafe website, http://www.worksafenb.ca