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WHMIS stands for Workplace Hazardous Materials Information System, Canada’s system for standards in communication for hazardous materials in the workplace. Manufacturers, importers, suppliers, and, in general, any employees who are around or who come into contact with hazardous products require knowledge on understanding the risks inherent with hazardous materials.
The United Nations first created the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), which Canada supported and therefore introduced legislation to follow the standards set by the GHS. Federal legislation includes the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR), which set out criteria on how to classify hazardous chemicals and products. WHMIS is a program for stipulating how the federal legislation must be enforced and what that actually looks like in the workplace.
Other than classification of hazardous products, WHMIS includes specific information on labeling of products containing hazardous chemicals, informational data sheets (called Safety Data Sheets or SDSs) that must be provided in each workplace and easily visible or available to workers, and specific outlines on what must be taught to workers to provide them with enough protection to work safely in their work environments.
Employers who import, purchase, store, or utilize hazardous products must always ensure that the materials are safely handled, used correctly, and put away properly, as required by law. Employers are also responsible for ensuring the products in their workplace are labeled and procedures are in place which are as up to date as possible, according to the most current WHMIS version. The most current WHMIS version right now is WHMIS 2015.
The provincial governing body that oversees WHMIS in Ontario is the Ministry of Labour, Health and Safety. Under the Ministry of Labour, there are other committees that work with WHMIS, including Safe Work Ontario, which works to enforce Ontario’s Occupational Health and Safety Act.
As an employer in ON, do I need to educate and train my employees on WHMIS?
Yes, employers in ON must be able to show they have sufficiently educated their employees on WHMIS 2015. A WHMIS program must be in place at each workplace that covers all general areas of WHMIS, and in some cases, more specific training is required if the job duties require it. A comprehensive WHMIS program typically includes:
Additionally, if you are a manufacturer or supplier of hazardous products, you must ensure you have appropriately labeled all products and supplied current SDSs to all purchasers when selling.
WHMIS programs in the workplace can be initiated in conjunction with Ontario Health and Safety and their strategic partners or initiatives, if they are in place. If there is a local initiative available to you, you need to check with them or work with them to ensure our WHMIS program meets the requirements in your area.
Employers must always ensure training about the job requirements, and information about hazardous products in the workplace has been provided to their employees before they are on the job site encountering hazardous products. Complying with WHMIS in your workplace also means that you provide personal protective equipment to employees as well as safe procedures and protocols so they can perform their duties in a safe manner.
Workers must have received information and training and be able to demonstrate understanding of the training received. One way to ensure they have retained understanding of the information is by performing an evaluation or testing after the educational materials have been delivered. Employees must be able to recall hazard classifications, pictographs, symbols and their specific meanings, risks and emergency protocols for the various hazards, and more. They should also know where SDSs are located at the work site and should be able to recount safe procedures for handling and storing chemicals. Lastly, they should know what to do in the case of accidental exposure to chemicals or if they detect any leaks or gases from chemicals.
In many cases, education on WHMIS is provided from a credible WHMIS training organization so that employers can know the appropriate information has been delivered. These training organizations will offer an evaluation or test procedure to show that the individual taking the training has retained sufficient knowledge. The organization will often offer to produce a WHMIS certificate as a way to show that your employee has taken the training and passed the evaluation.
How frequently do I need to train my workers on WHMIS in ON?
There is currently no legislation in ON that specifies how frequently training needs to be provided, only that if an inspector from Health and Safety or Safe Work Ontario performs an inspection, you need to be able to prove you are compliant with WHMIS. Being workplace compliant means that your workplace has a regularly maintained WHMIS program, your WHMIS materials (SDSs) and all labels in the workplace are the most up to date as possible, and that employees on the job site can show they have received training.
One way that employers accomplish this is to delegate a WHMIS representative for your workplace who will take on the responsibility of ensuring your workplace is always up to date, maintain an SDS master database and see that the information is visible or readily available in the workplace, and do any necessary evaluations, training, or re-training of employees and their WHMIS knowledge. If your workplace already has Human Resources personnel or a safety officer in place, this is a natural duty to add to their official capacities already.
Do I need to have a WHMIS Certificate for my employees?
It is not mandatory under federal or provincial legislation to have a WHMIS certificate issued for each employee, however, it is becoming more and more expected that employers should provide—and other job sites can request—WHMIS certificates. When the burden of proof is placed on the employer to make sure their employees are trained and have passed evaluations of their knowledge in WHMIS, a certificate is a very easy way to produce proof upon request during an inspection.
When conducting an inspection, a Health and Safety officer can request to review a workplace’s storage and labeling system for chemicals, SDS visibility and availability, and employees’ knowledge of WHMIS. In many cases, if an employee is spot-checked they can demonstrate knowledge and skills if required, but also producing a WHMIS certificate goes a long way to providing proof that training has been provided to them in which they were evaluated as proficient.
An added benefit to having WHMIS certificates for workers is that if they are off the job site for any reason, in transit or performing duties at another workplace, and an inspection is being done at that location, your employee can produce a WHMIS certificate to show they are WHMIS compliant.
When you have questions about Ontario WHMIS requirements you can contact Ministry of Labour, Health and Safety. More information is available at this link on the Ministry of Labour website, http://www.labour.gov.on.ca/english/hs/.