Important Information
Canada has aligned the Workplace Hazardous Materials Information System (WHMIS) with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
This document discusses the WHMIS supplier requirements as regulated by the federal legislation – the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR). This document reflects the Hazardous Products Regulations requirements as of December 15, 2022.
Health Canada is the government body responsible for the overall WHMIS supplier-related laws. WHMIS is also regulated in the workplace by the provinces, territories and federal (for federally regulated workplaces) governments under their occupational health and safety legislation. While these jurisdictions based their WHMIS regulations on a common model, small variations between jurisdictions may exist.
Suppliers and employers must use and follow the WHMIS requirements for labels and safety data sheets (SDSs) for hazardous products sold, distributed, or imported into Canada.
Please refer to the following OSH Answers documents for more information about WHMIS:
- context WHMIS – Pictograms
- context WHMIS – Labels
- context WHMIS – Hazard Classes and Categories
- context WHMIS – Safety Data Sheets (SDSs)
- context WHMIS – Education and Training
- context WHMIS – WHMIS Program
- context WHMIS – Glossary
- context WHMIS – Confidential Business Information (CBI)
- context WHMIS – Variances
- context WHMIS – Laboratories
- context WHMIS - Information for Suppliers and Importers
- context WHMIS - Legislation
What is WHMIS?
WHMIS stands for the Workplace Hazardous Materials Information System. It is a comprehensive system for providing health and safety information on hazardous products intended for use, handling, or storage in Canadian workplaces.
WHMIS has aligned with the worldwide hazard communication system known as GHS – the Globally Harmonized System of Classification and Labelling of Chemicals. Aligning with GHS provides many benefits, including:
- context Hazard classification criteria are more comprehensive which improves the ability to indicate the severity of hazards.
- context New hazard classes are included.
- context Physical hazard criteria are consistent with the Transport of Dangerous Goods (TDG) regulations.
- context Standardized language (hazard and precautionary statements).
- context Standardized safety data sheet (SDS) format and more comprehensive requirements.
Under WHMIS, who is considered to be a supplier, manufacturer, importer, and distributor?
Under WHMIS:
*If you are an employer who imports a hazardous product only for use in your own workplace, you are considered to be the importer and are responsible for compliance with all WHMIS supplier requirements.
For more information on this topic, see the OSH Answers, WHMIS - Information for Suppliers and Importers.
- context a supplier is “a person who, in the course of business, sells or imports a hazardous product”
- context a manufacturer is “a supplier who, in the course of business in Canada, manufactures, produces, processes, packages or labels a hazardous product and sells it”
- context an importer* is “a supplier who brings a hazardous product into Canada, but does not sell the product”, and
- context a distributor is “a Canadian supplier to whom a hazardous product was sold, and who then resells the hazardous product without modifying it in any way. If a distributor does modify a hazardous product that they purchased (for example, by repackaging or relabelling it) and subsequently sells it, then the distributor meets the definition of a “manufacturer.”
Which products are not covered by WHMIS?
The current exclusions under WHMIS are:
Many of these products are covered under other legislation. Note that while a product may be exempt from the requirement to have a WHMIS label and SDS, employers must still provide education and training on health effects, safe use, and storage.
- context Explosives as defined in the Explosives Act.
- context Cosmetic, device, drug, or food as defined in the Food and Drugs Act.
- context Pest control products as defined in the Pest Control Products Act.
- context Consumer products as defined in the Canada Consumer Product Safety Act.
- context Wood or products made of wood.
- context Nuclear substances within the meaning of the Nuclear Safety and Control Act, that are radioactive.
- context Hazardous waste is a hazardous product that is sold for recycling or recovery, or is intended for disposal.
- context Tobacco and tobacco products as defined in the Tobacco and Vaping Products Act.
- context Manufactured articles.
What are the roles and responsibilities of suppliers under WHMIS?
Suppliers and importers are responsible for meeting the requirements of the Hazardous Products Act and regulations, including:
For more information, including the definition of who is considered a supplier under WHMIS, see the OSH Answers WHMIS - Information for Suppliers and Importers.
- context Determining the appropriate classification of hazardous products
- context Providing labels
- context Providing safety data sheets
What are the roles and responsibilities of employers under WHMIS?
When a hazardous product is used in the workplace, employers are required to:
While the WHMIS worker education and training program needs to be reviewed annually, most jurisdictions across Canada do not specify whether an employer must provide refresher training, nor does retraining need to be done at a required frequency.
For suggestions on how to work safely with different hazardous products, see the OSH Answers series How to work safely with.
- context Educate and train workers on the hazards and safe use of products.
- context This activity is often incorporated into a workplace's WHMIS program. For information on how to develop a WHMIS program for your workplace, see the OSH Answers WHMIS Program.
- context What are the hazards of the product?
- context How do I protect myself from those hazards?
- context What do I do in case of an emergency?
- context Where can I get further information?
- context Workers should be able to answer these questions for every hazardous product they work with:
- context Provide access to up-to-date safety data sheets to workers.
- context Ensure that hazardous products are properly labelled.
- context Prepare workplace labels, as needed.
- context Prepare safety data sheets, as necessary (e.g., if an employer manufactures a hazardous product that is used on-site). (See "When does an employer need to follow WHMIS supplier requirements?" section for more information.)
- context Ensure appropriate control measures are in place to protect the health and safety of workers.
When does an employer need to follow WHMIS supplier requirements?
In a few situations, employers may also be considered as “suppliers” under the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR).
Under WHMIS:
Employers who import hazardous products from a foreign supplier for use in their own workplace in Canada are considered to be suppliers. These employers must follow the requirements of suppliers for labels and safety data sheets, with a few exceptions:
Additionally, employers who produce hazardous products within their workplace must follow the WHMIS supplier requirements. In general, if an employer produces a hazardous product at their workplace, and the product is intended to be used within that workplace, the employer must assess and classify the hazards of the product, create and apply a workplace label to the hazardous product or its container, and must prepare a safety data sheet that meets the Hazardous Products Act supplier requirements for safety data sheets. More information about this is provided in the provincial or territorial/federal workplaces’ WHMIS legislation.
Check with your occupational health and safety jurisdiction for more information.
What does it mean when I see a generic chemical identity listed on an SDS?
This listing indicates that the supplier has applied to have the exact ingredients in the hazardous product considered as "confidential business information" (CBI). There is a strict process that must be followed to have an ingredient or ingredients considered as confidential business information, and approval is only granted by Health Canada.
See the OSH Answers WHMIS - Confidential Business Information (CBI) for more information.
- context a supplier is “a person who, in the course of business, sells or imports a hazardous product”
- context a manufacturer is “a supplier who, in the course of business in Canada, manufactures, produces, processes, packages or labels a hazardous product and sells it”
- context an importer* is “a supplier who brings a hazardous product into Canada, but does not sell the product”
- context a distributor is “a Canadian supplier to whom a hazardous product was sold, and who then resells the hazardous product without modifying it in any way. If a distributor does modify a hazardous product that they purchased (for example, by repackaging or relabelling it) and subsequently sells it, then the distributor meets the definition of a “manufacturer”
- context if the importer (e.g., an employer) obtains a safety data sheet from the foreign supplier, the importer may keep the name, address and telephone number of the foreign supplier on the safety data sheet.
- context the importer may keep the name, address and telephone number of the foreign supplier on the label.(Reference: Part 5 – Exemptions of the Hazardous Products Regulations