TIME TO CONSUME OR RE-LABEL EXISTING WHMIS 1988 CONTROLLED PRODUCT INVENTORY
The final stage in the transition from WHMIS 1988 to WHMIS 2015 is drawing to a close. Consequently, employers in Canada have an obligation to ensure that any “leftover” stock at the workplace is identified under the WHMIS 2015 GHS-based classification and hazard communication protocols.
Note that, while the majority of Canadian jurisdictions require all provisions of WHMIS 2015 to be in place as of December 1, 2018, there are currently two exceptions.
Employers under the Federal jurisdiction have the ability, under the Canada Labour Code, to continue to use stock in the workplace with WHMIS 1988 labels/MSDS until May 31, 2019 (Canadian Occupational Health and Safety Regulation – SOR/2016-141, s. 77(b)).
Also, as of November 9, 2018, Nova Scotia has yet to publish an update to the 1989 WHMIS regulation.
In an amendment published on e-laws November 2 (to appear in the November 17, 2018 Edition of The Ontario Gazette )- effective December 1 employers must re-label any existing inventory of hazardous product received under WHMIS 1988 regulations.
This amendment affects O.Reg.860 sections 8, 10, and 18. Also a new s. 13 has been added; and the obsolete (transition) s. 25.1 is revoked at Dec.1. Terminology for labels has been modified in recognition that SDS or labels normally provided Continue Reading…
On March 28, 2014, the Government of Canada tabled new legislation intended, among other things, to start the introduction of the Globally Harmonized System for Classification and Labelling of Chemicals (GHS). This legislation, included in Bill C-31, proposes amendments to the Hazardous Products Act which will, eventually, allow Health Canada to replace the Controlled Product Regulations (CPR) with a new regulation, the Hazardous Products Regulation (HPR). The CPR, and the HPR intended to replace it, create the main federal part of the Workplace Hazardous Materials Information System (WHMIS). The HPR has come to be known as “WHMIS 2.0”, as it replaces the well-known WHMIS labels, symbols and Material Safety Data Sheets for a new, internationally harmonized, style.
As part of the federal government’s Economic Action Plan 2014, Bill C-31 proposes significant amendments to the Hazardous Products Act, including:
Expanded definitions of terms such as sell, supplier and hazardous waste
New definitions for “Safety data sheet” (SDS) and “hazardous product”, as used by the GHS, to replace the current definitions for “Material Safety Data Sheets” (MSDS) and “controlled product”
Specific requirements for products containing asbestos
Prohibitions against labels or SDSs that contain false or misleading information
Increased record-keeping requirements, such as keeping documentation on goods obtained from other suppliers, as well as goods sold to Canadian workplaces
Significant amendments to section 13 and 14, the main sections dealing with supplier obligations Continue Reading…