Ontario Ministry of Labour & WHMIS

[Admin]

There are 2 pieces of provincial legislation that implement WHMIS in Ontario:

Download the Occupational Health and Safety Act - Here

Download the The WHMIS Regulation, Ontario Regulation 644/88 (now R.R.O. 1990, Regulation 860) - Here

Do I require an MSDS and a label for a can of WD-40® that was purchased at the local hardware store?

No. Aerosol cans sold and packaged as retail products are classified as restricted consumer products under Part II of Schedule I of the Hazardous Products Act. Restricted consumer products do not require a WHMIS label and data sheet as a condition of sale. Additionally, the Ontario WHMIS regulation exempts employers from having to acquire a label and MSDS for any consumer product that is purchased from a retail outlet.

What are the duties of an employer in charge of a worksite where controlled products are used?

An employer in charge of a worksite where controlled products are used has 3 duties:

1. to ensure that controlled products are labelled or identified,
2. to obtain material safety data sheets for controlled products, and
3. to educate workers.

What are the employer's duties respecting availability or distribution of MSDSs at the workplace?

The employer is required to make copies of MSDSs readily available to workers, and to the joint health and safety committee, if any, or to a health and safety representative, if any [sections 38(1)(a) and (b) of the Act].

As a rule, readily available means located close to the workers, in a physical copy form (i.e. printed on paper), and accessible to workers during each shift. It would not be acceptable, for example, to keep data sheets in an office that is remote from the shop floor, or that is locked during the night shift.

Is the employer required to pay workers for time spent in worker education programs?

This issue is not restricted to WHMIS, nor is it directly addressed in any of the WHMIS legislation. It is the Ministry of Labour's position that time spent at training sessions should be considered work time, and that therefore workers should be paid at the regular or premium rate in accordance with their collective agreement, if any, or the Employment Standards Act.

After the education program has been developed, is any follow-up of the program required?

Yes. The employer must review the education program at least once a year, or more often if:

- conditions at the workplace change; or
- new information on a controlled product becomes available.

The review must take place in consultation with the joint health and safety committee, if any, or the worker health and safety representative, if any. There are a variety of means of demonstrating that reviews have been conducted as required by law; for example, through the minutes of a health and safety committee meeting.

The requirement for a review of the education program does not necessarily mean the retraining of workers. The review is meant to identify whether updating of the education program and retraining of workers are necessary.

An example of a case where retraining of workers is not necessary is as follows:

An updated material safety data sheet received at the workplace provides new hazard information. Management and the health and safety committee conclude that existing control procedures provide adequate protection against the newly identified hazard. After a review of the education program, it is decided that the new information can be adequately communicated by posting a copy of the revised data sheet on the staff notice board and making announcements at tool-box meetings.

Are there any exemptions from Ontario's WHMIS legislation?

Yes. The application of Ontario's WHMIS Regulation is related to the exemptions in the federal WHMIS legislation.

Complete Exemption Ontario's WHMIS legislation does not apply to a controlled product that is [section 4(3) of the regulation]:
a. wood or a product made of wood;
b. tobacco or a product made of tobacco;
c. a manufactured article; or
d. being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act.