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…
As reported in Karrie Monette-Ishmael’s May 19 Blog, an order-in-council resulted in an extension to the Supplier deadlines for compliance with the GHS-based Hazardous Products Act/Regulation (WHMIS 2015). Canada Gazette II (CGII), published on May 31, provided some insight into the delay in the supplementary Regulatory Impact Analysis Statement (RIAS) associated with the extension.
The transition extension itself (from June 1, 2017 to June 1, 2018 for manufacturers/importers; and from June 1, 2018 to September 1, 2018 for distributors) was cut and dried. However, the details in the RIAS are a reminder that despite the harmonization focus, there are still some unresolved issues in implementing the new hazard communication system.
Confidential business information (CBI) in the context of WHMIS has always focussed on masking the disclosure of ingredients on the M(SDS). Officially, Canadian suppliers were expected to rely on the somewhat costly and administratively burdensome Hazardous Materials Information Review Act (HMIRA) process to obtain exemptions from disclosing CBI. Practically the provisions in the Controlled Products Regulations (CPR or WHMIS 1988) were used by most suppliers as a simpler alternate to protect CBI.
Although this was the practise almost from the start of WHMIS 1988, it appears to be news to the current organisation- to wit, in the “Background” section of the RIAS: “Health Canada officials have learned that Continue Reading…
July 1st Ontario begins the formal transition to WHMIS 2015- Ontario Gazette June 25, 2016 –O.Reg. 168/16 amends O. Reg. 860
Ontario employers must prepare to convert their workplace programs to WHMIS 2015 during the period from July 1, 2016 through May 31, 2018. Stock under WHMIS 1988 already in the workplace may continue to be used until Nov. 30, 2018. Product received under WHMIS 1988 must comply with supplier labeling requirements (e.g. hatched borders/symbols) and MSDS requirements (e.g. 3 year “expiry” date) under the WHMIS 1988 (CPR) regulations.
Introducing new products under WHMIS 2015 will require training workers in WHMIS 2015 before they are used.
This information is referenced in the amended O. Reg. 860 s. 25.1 “Transition”; and the enforcement policy as last reviewed December 2015:
One thing that amazes me after 25 years in business is the fact that (even long time) customers do not understand the spectrum of products, services, and training we offer. After hearing yet another customer say, “we did not know you did that” I was inspired to tell you this story.
Once upon a time, not so long ago there was a train wreck, not unlike Lac Megantic disaster of late. A man who owned a printing company was inspired to start another company and together with his partners started to print products that related to shipping dangerous goods.
With the onset of the Transportation of Dangerous Goods Regulations (1985), released by Transport Canada, the company was kept busy producing placards, hazard class labels, signage, and other transportation supplies.
Within a few short years Health Canada introduced WHMIS (1988), where supplier and workplace labels were in high demand. In addition WHMIS introduced Material Safety Data Sheets (MSDS), and with that, the introduction of a new arm of the company. Training was also introduced not only for transportation, but workplace safety as well.
In 1991, The IATA Dangerous Goods regulations, and 49 CFR (remember HM-181?) introduced something new called UN Performance Packaging, or commonly called “POP Packaging” at the time. ICC Compliance Center was one of the first companies to introduce packaging and educate companies on its use.