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Employer Requirements
- Employer obligations - Overview
- Employer WHMIS requirements
- Compliance Policy
- Links to acts and regulations
- Education & Training - FAQs
- Frequently asked questions
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, users are invited to contact their lawyer and/or the occupational safety and health authority having jurisdiction for their workplace.
Employer Obligations - Overview
WHMIS is implemented through coordinated federal, provincial and territorial legislation. Supplier labelling and MSDS requirements are set out under the Hazardous Products Act (HPA) and associated Controlled Products Regulations administered by Health Canada. Each of the thirteen provincial, territorial and federal agencies responsible for occupational safety and health have established employer WHMIS requirements within their respective jurisdiction. These requirements place an onus on employers to ensure that controlled products used, stored, handled or disposed of in the workplace are properly labelled, MSDSs are made available to workers, and workers receive education and training to ensure the safe storage, handling and use of controlled products in the workplace.
To promote national consistency in the application of WHMIS in Canada's workplaces, the government of each province and territory, as well as [the Labour Program at] Human Resources and Social Development Canada, which is responsible for workplaces under federal jurisdiction, established their respective employer requirements based on "Model [WHMIS] OSH Regulations". This model was prepared by the Occupational Health and Safety Committee of the Canadian Association of Administrators of Labour Legislation.
At the outset of the program (which came into effect on October 31, 1988), all governments agreed to undertake consultations on any proposed changes to their respective WHMIS legislation and regulations with the objective of maintaining consistency with developments in the national consensus on WHMIS. The Intergovernmental WHMIS Coordinating Committee, (see "Administration & Consultation" page), serves as the forum for this consultation.
Employer WHMIS Requirements
The WHMIS page on the 
Human Resources and Skills Development Canada Website provides a summary of WHMIS employer requirements.
Compliance Policy
As WHMIS is an information continuum, a single national compliance policy for both the supplier and employer requirements has been established. This policy is accessible from the "Compliance" page of this site.
Links To Acts And Regulations:
The acts and regulations under which Canada's thirteen federal, provincial and territorial occupational health and safety agencies have established WHMIS employer requirements within their respective jurisdictions are as follows. For enquiries related to these requirements, please contact the appropriate agency:
| Legislation | Regulations | |
|---|---|---|
| AB | Occupational Health and Safety Act |
|
| BC | Workers Compensation Act |
|
| HRSDC | Canada Labour Code, Part II, Occupational Health and Safety |
Relevant regulations:
|
| MB | Workplace Safety and Health Act |
|
| NB | Occupational Health and Safety Act |
|
| NF | Occupational Health and Safety Act |
|
| NS | Occupational Health and Safety Act |
|
| NWT and Nunavut | The North-West Territories and Nunavut Safety Act |
|
| ON | Occupational Health and Safety Act |
|
| PEI | Occupational Health and Safety Act, Chapter O-1.01 |
|
| QC | "Loi sur la santé et la sécurité du travail" |
|
| SK | Occupational Health and Safety Act |
|
| YK | Occupational Health and Safety Act |
|
Education & Training - FAQs
The Canadian Centre for Occupational Health and Safety web site provides a description of WHMIS Education and Training requirements; (see under "Chemicals and Materials" of the 'OSH Answers' section of the site) including guidance on what constitutes "education" as distinct from site-specific "training":
- WHMIS - Education and Training
http://www.ccohs.ca/oshanswers/legisl/whmis_education.html
Q. (education and training, certificate) Do Canadian workers require WHMIS certification?
A. No. WHMIS laws do not require that workers be issued a "certificate", card or any other document to demonstrate that they have received WHMIS education and/or training. (Note: Neither Health Canada, nor any other regulatory authority, issues WHMIS certificates to workers.
Q. (education and training, certificate, replacement) How do I replace my lost "certificate"?
A. If you are interested in replacing a document which indicates that you have received WHMIS education, please contact the party from whom you obtained it.
Q. (education and training, certification, trainers) Must WHMIS trainers be certified?
A. No. At present, there is no program authorized or endorsed by government to certify WHMIS trainers.
Q. (education and training, frequency) How often must a worker receive WHMIS education and training?
A. please contact the occupational health and safety regulatory authority having jurisdiction for the workplace.
Q. (education and training, legal responsibility) Does possession of a WHMIS "certificate" by a worker fulfill the employer's obligation to ensure that the worker has received WHMIS education and training?
A. No. The employer has the legal obligation to ensure that his/her workers have received both generic WHMIS education as well as the necessary site-specific training. The employer may, in consultation with the health and safety committee, delegate the development and administration of the education and training programs to the employer's health and safety committee or fulfill his/her legal obligations by hiring a service provider. (Note: A WHMIS "certificate" may be issued by a company to its employees or, for example, by an academic institution or a safety association. However, the possession of such a certificate by a worker does not absolve Canadian employers from their legal responsibility to ensure that each employee receives appropriate WHMIS education and applicable site-specific training including the provision of training updates and refresher courses when warranted by a change in duties and/or where required by law by the occupational health and safety regulatory authority having jurisdiction: http://www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/reg-org-eng.php.
Q. (education and training, portability) Does the WHMIS education and training received in relation to a given workplace suffice for all workplaces in Canada?
A. Generic WHMIS education can apply to any workplace. However, exposure to controlled products will depend on the nature of the work. Thus, the employer must ensure that each of his/her employees receive site-specific training that is applicable to the work that the employee is required to perform.
Q. (education, web-based) Where can I obtain web-based WHMIS education?
A. Web-based WHMIS education services are commercially available and providers may advertize their services in, for example, occupational health and safety publications. (Note: Web-based services may cover generic WHMIS education but may not provide the necessary site-specific training on the safe handling and use of controlled products. Although a regulatory authority may list a service provider, neither the content nor quality of such programs is regulated by government.)
Frequently Asked Questions
Q. If an employer imports a WHMIS controlled product for use in his/her workplace, does the employer have the option of labelling the product with a workplace label as opposed to a supplier label?
A. An importer of a controlled product is subject to the supplier MSDS and label requirements of section 14 of the HPA. As required by subsection 23(4) of the CPR, an importer who imports a controlled products that is to be labelled or repackaged in Canada must apply a supplier label to the controlled product or to the container in which the controlled product is packaged in accordance with paragraph 14(b) of the HPA, (i.e., in accordance with the CPR), "before the controlled product is used".
Q. Where can I obtain information concerning occupational health and safety issues pertaining to young workers?
A. The Canadian Centre for Occupational Health and Safety website provides a "Young Workers' Zone" which includes information on the hazards associated with jobs often held by young workers. This site also provides links to provincial educational programs and health and safety resources targeted to young workers.
