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In 1992, the United Nations began to develop the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Today, it is an internationally agreed-upon set of standard communication methods and materials governed by the United Nations that Canada also adheres to.
Canada combines levels of federal, provincial, and territorial legislation to distill what is necessary to implement the United Nations’ GHS and this became the Workplace Hazardous Materials Information System (WHMIS). The federal components that WHMIS is based on are the Hazardous Products Act and the Controlled Products Regulations. In Prince Edward Island and the other provinces and territories, there is also local legislation and regulation for the implementation and enforcement of WHMIS.
In PEI, WHMIS is covered in section 34 of the Occupational Health and Safety Act R.S.P.E.I. 1988, Cap. O-1.01, and by the Workplace Hazardous Materials Information Regulations. It is enforced by the Workers Compensation Board (WCB) of PEI.
WHMIS is made up of a labeling system, hazardous material classifications, Safety Data Sheets (SDSs) and easily understandable pictographs. This forms a common infrastructure for communicating about hazardous materials that is implemented across all provinces and territories, making a national consistency that extends to the greater international consistency established by the GHS. This method of communicating increases the safety of employees and the general public when it comes to hazardous materials that can affect our health and safety.
As an employer in PEI, do I need to educate and train my employees on WHMIS?
Yes, it is a provincial requirement that employers provide WHMIS training and education to employees. Where hazardous products are present in the workplace, employers must be able to demonstrate an active and up to date WHMIS education program, which includes a system of labeling, SDSs, and employee training is maintained.
For labeling, employers must ensure that labels are up to date and visible on each product container that has a hazardous chemical. The labels must be up to WHMIS 2015 standards and legible. If any products are brought in or imported with damaged, missing, or outdated labels, it is the employer’s responsibility to provide updated labels as soon as possible.
Employers must also ensure that SDSs are visible or available to all employees where there are hazardous products stored, used, or manufactured. This includes workplaces, such as offices, where there are everyday products such as cleaners used that contain chemicals. SDSs must also be maintained and kept for up to 30 years.
Employees must also be able to demonstrate understanding of labeling and SDSs, while receiving any focused instruction pertaining to any specific chemicals they may work with or handle on the job. Personal protection equipment and how to wear or use them, as well as knowledge of procedures and equipment used that are specific to their duties, must be provided.
General comprehension can be tested after education has been delivered, and proof of employees' sufficient comprehension levels can be produced by any credible WHMIS education provider who conducts the evaluations.
How frequently do I need to train my workers on WHMIS in PEI?
In PEI, employers who have controlled products in the workplace or workers exposed to controlled products must have a WHMIS program in place – and must review their WHMIS program annually. Additionally, if changes in workplace conditions or job requirements for different employees occur, employers must review their program more frequently. This also applies to changes disseminated to WHMIS itself, meaning that if there are updates to WHMIS provided, it is the obligation of the employer to make sure they know about them and have communicated the new material to their employees.
Do I need to have a WHMIS Certificate for my employees?
PEI WHMIS laws do not currently require employers to have issued annual certificates to employees. However, while law does not require certificates, it is still required to be able to prove that education has been delivered and that a satisfactory level of comprehension exists among employees.
A WHMIS Certificate or Generic WHMIS Card issued by a credible training organization can go a long way to ensuring that your WHMIS program is successful. There is no one set organization required by the PEI government to provide WHMIS education. There is also no one set type of certificate that is preferred or issued as standard by the government or by any training organization. It is only required that you provide proof of the successful education of your employees on the most current WHMIS, and that it has been provided or maintained annually.
A credible WHMIS certificate will have the worker’s name, the organization they work for, the testing date and type of testing. Most importantly, the organization that provided the certificate needs to be reputable and needs to have the ability to show they provide up to date education that is the type required by your province. For this purpose, the organization you select to provide your WHMIS training needs to be top of the line.
If your employees are also out and about in the course of the work day, visiting other organizations’ job sites, or are contracted out to work on job sites, it is becoming more commonplace for managers from another organization to require the incoming workers to have their WHMIS training. They will want to be able to easily determine that your WHMIS training is current and comprehensive, and often having a WHMIS certificate satisfies this request.
Do I need to have a WHMIS Certificate if I’m self-employed or a contract worker?
It is extremely beneficial to have a WHMIS certificate as an individual who is self-employed or works on a contracted basis. This will give you peace of mind as you accept various contracts that may bring you onto a work site that has hazardous products present. And if you are ever asked if you’ve received WHMIS training, showing your up to date WHMIS certificate is one way to prove that you’ve got the training required to enter their work site. Some employers may even require it.
When you have questions about local WHMIS requirements you can contact the jurisdiction that regulates WHMIS for PEI. More information is available at this link on the PEI Government website, http://www.wcb.pe.ca/Workplace/OHSActAndRegulations