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Part 6
MORE INFORMATION ABOUT
WHMIS
The Workplace Hazardous Materials
Information System regulations apply
to all workplaces that use, store, or
handle controlled products. There are
a few circumstances involving
potentially hazardous products where
the WHMIS regulations do NOT
apply. They are as follows:
· "WHMIS Exemptions"
· Restricted Applications
· Hazardous Wastes
We will now take a closer look at each of these categories.
WHMIS EXEMPTIONS
WHMIS legislation, both federally and provincially, does
not apply to:
* WOOD OR PRODUCTS MADE OF WOOD - this
includes products such as lumber, plywood, particle
board, and wood products coated with additives such as
paint or preservatives. Additives may however be subject
to WHMIS legislation before they are included in the
finished product.
Some chemical products made from wood, but lacking the physical properties of wood,
are not considered wood products and therefore are subject to WHMIS requirements (e.g.
Turpentine).
* TOBACCO OR ANY PRODUCT MADE OF TOBACCO - these materials are
governed by their own federal legislation.
WHMIS EXEMPTIONS (cont)
MANUFACTURED ARTICLES - A "manufactured article"
refers to any item that is formed to a specific shape or design
during its manufacture, whose intended use depends on its shape
or design, and under normal conditions of use will not expose
people to a controlled product.
* PRODUCTS WHICH ARE BEING TRANSPORTED or
HANDLED UNDER the REQUIREMENTS of the
TRANSPORTATION of DANGEROUS GOODS ACT
(T.D.G.) - These materials are covered by the T.D.G. act and regulations while in transit,
but become subject to the WHMIS regulations at the point of loading and unloading.
RESTRICTED APPLICATIONS - PARTIALLY EXEMPT
PRODUCTS
Partially exempt products are materials which are exempted
from the WHMIS legislation because they are subject to
labelling and information requirements under other federal
legislation.
As a result of this federal exemption, the employer is not
required to obtain supplier labels or MSDSs to use these materials. An employer must
still deliver training on the safe handling of these materials. Workplace labels must also
be used when these materials are present or used in the workplace, or when they are
transferred to different containers. If an MSDS sheet is available for any product it should
always be made available.
The guidelines for the use, storage, handling and disposal of these products are covered
under their respective acts.
PARTIALLY EXEMPT PRODUCTS
PARTIALLY EXEMPT PRODUCTS FALL INTO THE
FOLLOWING CATEGORIES:
* PRODUCTS WITHIN THE MEANING OF THE
EXPLOSIVES ACT (EXPLOSIVES) - Explosives and
blasting agents are excluded from WHMIS because they are
regulated by the Explosives Act and Regulations.
* A COSMETIC, DEVICE, DRUG OR FOOD WITHIN THE MEANING OF THE
FOOD AND DRUG ACT (COSMETICS AND PRESCRIPTIONS) - In order for a
"cosmetic" material to qualify for an exemption under WHMIS it must be sold and
presented for use as a cosmetic. If intended for use other than this purpose the WHMIS
requirements apply. For example, Acetone is found in consumer nail polish remover
products and in this form is exempt from WHMIS requirements. When used as an
industrial cleaning agent, this same material becomes subject to the WHMIS
requirements. The Food and Drug Act is administered by Health Canada.
PARTIALLY EXEMPT PRODUCTS (cont)

A CONTROLLED PRODUCT WITHIN THE
MEANING OF THE PEST CONTROL
PRODUCTS ACT (PESTICIDES) - The Pest
Control Products Act is administered by
Agriculture Canada.
* A CONTROLLED PRODUCT WITHIN
THE MEANING OF THE ATOMIC
ENERGY CONTROL ACT (RADIOACTIVE SUBSTANCES) - These
substances are strictly controlled and are used primarily in medicine and dentistry
or in testing and laboratory environments. The transportation and usage of these
hazardous materials is administered by the Atomic Energy Control Board
(Canadian Nuclear Safety Commission).
PARTIALLY EXEMPT PRODUCTS (cont)

A RESTRICTED MATERIAL THAT IS
PACKAGED AS A CONSUMER
PRODUCT - The partial exemption for
consumer goods applies to products that are
packaged for sale to consumers through the
retail system. WHMIS requirements may still
apply to these products. For example, bleach,
when sold as a consumer product is partially exempt, however, becomes subject
to WHMIS requirements when used in the workplace.
WHMIS EXCEPTIONS
Under the WHMIS regulations, a controlled
product cannot be used, stored or handled in the
workplace unless the employer has complied with
the WHMIS requirements regarding labels,
Material Safety Data Sheets and worker training.
What would you do if a hazardous material
arrived at your workplace and you do not fulfill
these requirements?
WHMIS EXCEPTIONS (cont)
Under the WHMIS system the employer is allowed to store a
controlled product in the workplace while trying to obtain a
label or MSDS from a supplier or while trying to obtain the
information needed to produce a workplace label or MSDS.
This is considered acceptable if the employer affixes either a
workplace label or a label stating that the product is
hazardous and cannot be used or handled at the workplace
until further information is obtained.
If a supplier informs you that labels or an MSDS are not available for a controlled
product you should immediately notify the government department responsible for
OH&S in your jurisdiction.
WHMIS EXCEPTIONS (cont)
You may also receive a controlled product that has been imported into
Canada and shipped directly to your workplace that does not have the
proper WHMIS labelling. In this circumstance the employer is required to
label the controlled product with a label that meets the requirements of a
supplier label as outlined in the Controlled Products Regulations.
HAZARDOUS WASTE
The WHMIS regulations have limited applications
with respect to hazardous waste.
Where any hazardous waste is generated or stored
in the workplace, the employer is expected to:
* Identify all containers containing hazardous
waste
* Develop a method of hazardous waste container identification that is understood by all
workers. This may include a number of methods (e.g. colour coding, or warning signs)
* Train any worker who may be exposed to hazardous waste regarding the materials safe
handling and storage
While the employer is required to comply with the above, they are not required to provide
workplace labels or material safety data sheets for containers of hazardous waste.