Workplace Hazardous Materials Information System (WHMIS): WHMIS ENFORM October 5, 2015

Transcription

1 Workplace Hazardous Materials Information System (WHMIS): WHMIS 2015 ENFORM October 5, 2015

2 Outline WHMIS legislation Exemptions WHMIS 1988 vs WHMIS 2015 Proposed changes to Part 29 Transition to WHMIS

3 WHMIS 2015 WHMIS is being updated in Canada to align with the Globally Harmonized System for Classification and Labelling Chemicals (GHS) glish/st-sg-ac10-30-rev5e.pdf 3

4 WHMIS Legislation

5 WHMIS Legislation

6 WHMIS in Canada 6

7 WHMIS WHMIS has three components: Labels (Material) Safety Data Sheets Worker Education and Training 7

8 Underlying Legislation Federal (regulates suppliers of hazardous products) Hazardous Products Act Former Controlled Products Regulations Hazardous Products Regulations Hazardous Products Information Review Act and Regulation Provincial (regulates employers and workers) Part 29 of the Alberta Occupational Health and Safety (OHS) Code 8

9 Underlying Legislation Federal WHMIS legislation covers: How hazardous products are classified What information must be provided when a product is sold Provincial legislation covers: What information must be available in the workplace Training and education of workers 9

10 Confidential Business Information Canada has an existing system no changes have been made 10

11 Exemptions WHMIS 1988 included exemptions for: the requirement to provide, obtain, or prepare a material safety data sheet (MSDS) for some types of products an exemption for a supplier label in some circumstances or reduced or modified information on labels and MSDSs WHMIS 2015 some of the exemptions have been: removed retained without modification, or retained with modification 11

12 Product WHMIS 1988 Exemption WHMIS 2015 Exemption Wood and products made of wood Tobacco or tobacco products Completely exempt Completely exempt Completely exempt Completely exempt Hazardous waste Completely exempt Completely exempt Manufactured article Completely exempt if will not release chemicals during normal use Completely exempt if will not release chemicals during installation and normal use Transportation* Completely exempt Completely exempt. If a TDGR symbol is already present on the container, a WHMIS symbol is not required also. Flavours and fragrances Exempt from disclosing chemical identity and concentration of an ingredient as long as a generic name is included and the information is accessible via an emergency number. No exemption from disclosure of ingredients (except in cases of complex mixtures ) *includes handling, offering for transport and transport under TDG legislation 12

13 Product WHMIS 1988 Exemption WHMIS 2015 Exemption Explosives Cosmetics, drugs, food Pesticides Radioactive materials Consumer products Laboratory samples Complex mixtures Laboratory supply house chemicals Exempt from MSDS, label but not training Exempt from MSDS, label but not training Exempt from MSDS, label but not training Exempt from MSDS, label but not training Exempt from MSDS, label but not training Exempt from MSDS, may use modified label Use generic name for complex mixture Exempt from MSDS if information on label Class included but still exempt in HPA from SDS and labels but not from training Exempt from SDS, label but not training Exempt from SDS, label but not training Exempt from SDS, label but not training Exempt from SDS, label but not training Exempt from SDS, may use modified label Use generic name for complex mixture. Not exempt 13

14 Product WHMIS 1988 Exemption WHMIS 2015 Exemption Small containers Kits (two or more products in one container) Bulk shipments Modified label for containers less than 100 ml No exemption Exempt from labels if information provided by supplier on MSDS or separately. Can provide one MSDS for the shipment. Exempt from providing MSDS if one provided previously which is still current. Modified content for label for containers less than 100 ml. Allowence to have a label that can be removed under normal conditions of use if the label interferes with the use of the product (< 3 ml containers) Allowance for modified label for outer packaging as long as inner containers have supplier labels Exempt from label if there is no container of any sort. For bulk shipments where there is packaging, can provide one SDS for the shipment. Exempt from providing SDS if one provided previously which is still current. 14

15 Exemptions If a supplier has already complied with WHMIS 1988, they are exempt from complying with WHMIS 2015 during the transition period this also applies to an employer This includes products that now fall under WHMIS 2015, such as: Combustible dusts Aspiration hazards 15

16 WHMIS 1988 vs WHMIS 2015

17 Classification 17

18 WHMIS 1988 Applies to controlled products A controlled product is any product, material or substance which is included in one or more of six hazard classes listed in the Hazardous Products Act 18

19 WHMIS 1988 Hazard Classes Class A: Compressed gas Class B: Flammable and combustible material B1: Flammable gases B2: Flammable liquids B3: Combustible liquids B4: Flammable Solids B5: Flammable Aerosols B6: Reactive flammable materials Class C: Oxidizing material 19

20 WHMIS 1988 Hazard Classes Class D: Poisonous and infectious material Division 1: Materials causing immediate and serious toxic effects Subdivision A: Very toxic material Subdivision B: Toxic material Division 2: Materials causing other toxic effects Subdivision A: Very toxic material Subdivision B: Toxic material Division 3: Biohazardous infectious material Class E: Corrosive material Class F: Dangerously reactive material 20

21 WHMIS 2015 Applies to hazardous products A hazardous product is any product that meets criteria for one or more of the WHMIS hazard classes listed in the Hazardous Products Act 21

22 WHMIS 2015 Physical Hazard Classes Explosives Flammable gases Flammable Aerosols Oxidizing gases Gases under pressure Flammable liquids Flammable solids Self-reactive substances and mixtures Pyrophoric liquids Pyrophoric solids Self-heating substances and mixtures Oxidizing liquids Oxidizing solids Organic peroxides Corrosive to metals 22

23 WHMIS 2015 Physical Hazard Classes (Canada) Combustible dusts Simple asphyxiants Pyrophoric gases Physical hazards not otherwise classified 23

24 WHMIS 2015 Health Hazard Classes Acute toxicity Skin corrosion/irritation Serious eye damage/irritation Respiratory or skin sensitization Germ cell mutagenicity Carcinogenicity Reproductive toxicity Specific Target Organ Toxicity (STOT) single exposure Specific Target Organ Toxicity (STOT) repeated exposure Aspiration hazard 24

25 WHMIS 2015 Health Hazard Classes (Canada) Biohazardous infectious materials Health hazards not otherwise classified 25

26 GHS Environmental Hazard Classes Hazardous to the aquatic environment Hazardous to the ozone layer These hazard classes are not included in Canadian WHMIS legislation 26

27 Product Classes: WHMIS 1988 vs WHMIS 2015 WHMIS 1988 Hazard Class A Compressed Gas WHMIS 2015 Hazard Class Gases Under Pressure B Flammable and Combustible Material B1 Flammable Gases B2 Flammable Liquids B3 Combustible Liquids B4 Flammable Solids B5 Flammable Aerosols B6 Reactive Flammable Materials Flammable Gases Flammable Liquids (includes Combustible Liquids) Flammable Solids Flammable Aerosols Self Heating Substances and Mixtures Pyrophoric Gases, Liquids and Solids Substances Which in Contact with Water Emit Flammable Gases Organic Peroxides 27

28 Product Classes: WHMIS 1988 vs WHMIS 2015 WHMIS 1988 Hazard Class C Oxidizing Material WHMIS 2015 Hazard Class Oxidizing Gases, Liquids and Solids D Poisonous and Infectious Material D1 Materials Causing Immediate and Serious Toxic Effects D2 Materials Causing Other Toxic Effects Acute Toxicity, Oral, Dermal, Inhalation Eye/Skin Irritation Respiratory/Skin Sensitization Carcinogenicity Reproductive Hazards Mutagenicity Specific Organ Systematic Toxicity (STOT)- Single Exposure STOT-Repeat Exposure Aspiration Hazard D3 Biohazardous Infectious Material Biohazardous Infectious Material 28

29 Product Classes: WHMIS 1988 vs WHMIS 2015 WHMIS 1988 Hazard Class WHMIS 2015 Hazard Class E Corrosive Material Corrosive to Metal Skin Corrosion Serious Eye Damage F Dangerously Reactive Material N/A N/A Self Heating Substances and Mixtures Pyrophoric Gases, Liquids and Solids Substances Which in Contact with Water Emit Flammable gases Organic Peroxides Explosives (class included but still covered under HPA exemptions for now) Combustible Dusts N/A Simple Asphyxiants N/A Physical Hazards Not Otherwise Classified Health Hazards Not Otherwise Classified 29

30 Products that are currently classified under WHMIS 1988 may need to be reclassified under WHMIS

31 Example: Flammable/Combustible Liquids WHMIS 1988 Classes B2 and B3 Flammable and Combustible Liquids B2, Flammable Liquid Flashpoint <37.8 C (100 F) B3, Combustible Liquid Flashpoint more than 37.8 C (100 F) and less than 93.3 C (200 F) WHMIS 2015 Flammable Liquids Category Criteria 1 Flashpoint <23 C, initial BP 35 C 2 Flashpoint <23 C, initial BP > 35 C 3 Flashpoint 23 C and 60 C 4 Flashpoint > 60 C and 93 C 31

32 GHS Classification of Mixtures Use test data for mixture Bridging principles: Dilution Batching Concentration of highly toxic mixtures Interpolation within one toxic category Similar mixtures Aerosols Estimate hazards based on known ingredient information 32

33 GHS Classification of Mixtures Legislation indicates that there is no obligation for a supplier to test their product BUT Most of the physical hazard classes require test data for the mixture (cannot use data on the ingredients to classify) Bridging principles may only be used for health hazard classes 33

34 Classifying mixtures is a technically complex process! 34

35 Labels Supplier Label Work Site Label The information on the supplier label must be provided in both English and French 35

36 WHMIS 1988 Supplier Labels 36

37 WHMIS 2015 Supplier Labels Must include the following information: Product name Initial supplier identifier Pictogram Signal word Hazard statement(s) Precautionary statement(s) Supplemental information (if desired) 37

38 WHMIS 1988 vs WHMIS 2015 Content WHMIS 1988 WHMIS 2015 Product Identifier Supplier Identifier Pictogram Risk Phrases NA Precautionary Measures First Aid Statement Hatched Border Reference to MSDS Product Identifier Initial Supplier Identifier Pictogram Hazard Statement Signal Word Precautionary Statements Part of Precautionary Statement No No 38

39 WHMIS 2015 label content is based on product classification 39

40 WHMIS 2015 Pictograms Health Hazard Flame Exclamation Mark! Carcinogen Mutagenicity Reproductive Toxicity Respiratory Sensitizer Specific Target organ toxicity-single exposure Specific Target organ toxicity-repeated exposure Aspiration hazard Flammable gases, aerosols, liquids, solids Pyrophoric liquid, solid, gas Self-Heating substances Emits flammable gas in contact with water Self-Reactive Organic peroxide Irritant (skin and eye) Skin sensitizer Acute toxicity (harmful via oral, skin, inhalation) Respiratory tract irritant Gas Cylinder Corrosion Exploding Bomb Gases under pressure Flame Over Circle Oxidizers (liquids, solids, gases) Skin corrosion Serious eye damage Corrosive to metals Skull and Crossbones Acute toxicity (fatal or toxic via oral, skin, inhalation) Explosives Self-reactive substances and mixtures Organic peroxides Biohazardous Infectious Material Biohazardous infectious material 40

41 WHMIS 1988 vs WHMIS 2015 Pictograms

42 WHMIS 1988 vs WHMIS 2015 Pictograms WHMIS 1988 Hazard Class WHMIS 1988 WHMIS 2015 WHMIS 2015 Hazard Class D3 Biohazardous Infectious Materials E Skin/Eye Corrosion Corrosive to Metals F Self-Reactive Substance, Organic Peroxide N/A N/A Explosive Substance 42

43 WHMIS 1988 vs WHMIS 2015 Pictograms WHMIS 1988 Hazard Class WHMIS 1988 WHMIS 2015 WHMIS 2015 Hazard Class N/A N/A Aspiration, STOT (Single Exposure, Repeated Exposure) N/A N/A N/A Combustible Dust N/A N/A N/A Simple Asphyxiant N/A N/A Use appropriate symbol Physical Hazards Not Otherwise Classified, Health Hazards Not Otherwise Classified 43

44 Signal Words Danger or Warning Used to emphasize hazard and to discriminate between hazard categories (level of hazard) use only one e.g. Acute toxicity category 1 requires Danger, category 4 requires Warning In a mixture, use the highest level signal word that applies based on the ingredients 44

45 Hazard Statements A single harmonized hazard statement for each hazard category within each hazard class, e.g. for flammable liquids: Category 1 extremely flammable liquid and vapour Category 2 highly flammable liquid and vapour Category 3 flammable liquid and vapour Category 4 combustible liquid 45

46 Precautionary Statements Four types: Prevention Response in cases of accidental spillage or exposure Storage Disposal Listed in Annex 3 of the Purple Book May not need to include all four types for each hazard class 46

47 Precautionary Statements Example: Flammable Gases, hazard category 1 Prevention: Keep away from ignition sources such as heat/sparks/open flames No Smoking Response: Leaking gas fire Do not extinguish, unless leak can be stopped safely Eliminate all ignition sources if safe to do so Storage: Store in well-ventilated place 47

48 What might a WHMIS 2015 supplier label look like? 48

49 WHMIS 2015 Supplier Label Example Image provided by Canadian Centre Occupational Health and Safety and used with permission 49

50 Label Appearance Musts Use pictograms exactly as shown in legislation with respect to colour and appearance (may adjust size) Pictogram, hazard statement and signal word must be grouped together Label must be legible, prominently displayed, visible under normal conditions of use, contrast with other label information Label must remain affixed to the container under normal conditions of transport and use 50

51 Safety Data Sheets 51

52 Safety Data Sheets (SDSs) 16-heading format Minimum additional information specified, where applicable or available, under the relevant heading Three year review requirement removed (information must always be current) Must be provided in both English and French 52

53 MSDS vs SDS Content WHMIS 1988 WHMIS 2015 Chemical Product and Company Information Product identifier Product use Manufacturer name, address Supplier name, address Emergency telephone number Preparation date of MSDS MSDS preparer/telephone (WHMIS Classification) Composition/Information on Ingredients List of hazardous ingredients and % in product CAS number LD50/LC50 Hazards Identification Route of entry (Emergency overview) (WHMIS symbol) (Potential health effects) Identification Product identifier Other means of identification Initial supplier identifier (manufacturer/distributor) Emergency telephone number Hazard Identification Classification of hazardous product Label information Other hazards known to supplier Composition/Information on Ingredients List of hazardous ingredients (including chemical name, common name and synonyms) CAS number Chemical name of impurities, stabilizers, additives Ingredient concentration 53

54 MSDS vs SDS Content WHMIS 1988 WHMIS 2015 First Aid Measures Fire Fighting Measures Flammability Means of extinction Flashpoint and method LEL and UEL Autoignition temperature Explosion data Hazardous combustion products (NFPA classification) Accidental Release Measures Leak and spill procedures Storage requirements Handling and Storage Handling procedures and equipment Exposure Controls/Personal Protection Exposure limits Engineering controls Personal protective equipment First Aid Measures Fire Fighting Measures Means of extinction Specific hazards including hazardous combustion products Special protective equipment and precautions for firefighters Accidental Release Measures Personal precautions, protective equipment and emergency procedures Methods and materials for containment and cleaning Handling and Storage Precautions for safe handling Conditions for safe storage, including incompatibilities Exposure Controls/Personal Protection Exposure limits with source Engineering controls Personal protective equipment 54

55 MSDS vs SDS Content WHMIS 1988 WHMIS 2015 Physical and Chemical Properties Physical state Odour and appearance Odour threshold Specific gravity Vapour density Vapour pressure Evaporation rate Boiling point Freezing point ph Partition coefficient (Solubility in water) Stability and Reactivity Chemical stability Incompatibility Reactivity Hazardous decomposition products Physical and Chemical Properties Physical state and appearance Odour Odour threshold ph Melting point and freezing point Initial boiling point and boiling range Flash point Evaporation rate Flammability (solids and gases) UEL and LEL Vapour pressure Vapour density Relative density Solubility Partition coefficient Autoignition temperature Decomposition temperature Viscosity Stability and Reactivity Chemical stability Incompatibility Reactivity Hazardous decomposition products Possibility of hazardous reactions Conditions to avoid (shock, static, vibration)

56 MSDS vs SDS Content WHMIS 1988 WHMIS 2015 Toxicological Information Effects of acute exposure Effects of chronic exposure Irritancy Skin sensitization Respiratory sensitization Carcinogenicity (ACGIH and IARC) Reproductive toxicity Teratogenicity Embyrotoxicity Mutagenicity Name of synergistic products/effects (Ecological Information) (Aquatic toxicity) Disposal Considerations Toxicological Information Concise but complete description of toxic health effects and data used to identify them, including: Likely routes of exposure Symptoms related to physical, chemical and toxicological characteristics Acute and chronic effects Numerical measures of toxicity, including ATEs Ecological Information Ecotoxicity (aquatic and terrestrial) Persistence and degradability Bioaccumulative potential Mobility in soil Other adverse effects Disposal Considerations 56

57 MSDS vs SDS Content WHMIS 1988 WHMIS 2015 Transport Information UN number TDG identification Regulatory Information (WHMIS Classification) (OSHA) (SERA) This product has been classified in accordance with the hazard criteria of the Controlled Products Regulation and the MSDS contains all of the information required by the Controlled Products Regulation. Other Information Nothing specified Transport Information UN number UN shipping name UN packing group Environmental hazards (IMDG Code) Bulk transport shipping information Special precautions Regulatory Information Safety, health and environmental regulations made within or outside Canada, specific to the product in question Other Information Date of the latest revision of the SDS 57

58 Biohazardous Infectious Materials Must have an SDS with an appendix that contains specified information Section headings: Infectious Agent Hazard Identification Dissemination Stability and Viability First Aid/Medical Laboratory Hazard Exposure Controls/Personal Protection Handling and Storage Regulatory and Other Information 58

59 Proposed Changes to Part 29 of the OHS Code

60 Changes to Terminology Controlled Product becomes Hazardous Product Material Safety Data Sheet becomes Safety Data Sheet New definitions CAS Registry Number Mixture Significant New Data Substance Definition with big changes Label (broader and specifies that the label must be attached in some way to the container) 60

61 WHMIS Exclusions No significant changes, except for manufactured articles Manufactured articles are not exempt if they release a chemical during installation and normal conditions of use 61

62 Training No changes to these requirements Training is based on products in workplace: Only WHMIS 1988 train to WHMIS 1988 Only WHMIS 2015 train to WHMIS 2015 Products complying with both old and new systems must have both WHMIS 1988 and WHMIS 2015 training Training requirement applies as soon as employer receives WHMIS 2015 products Generic training does not meet the OHS Code requirements as there must be a site-specific component A worker training course on WHMIS 2015 that will meet the generic component is available online from CCOHS (

63 Label Requirements New requirement to update label where the employer is provided with significant new data from the supplier Removal of requirement to apply supplier labels to individual containers in a bulk shipment (supplier is no longer exempt) Removal of label exemption for products from laboratory supply houses Some changes to requirements for laboratory sample labelling 63

64 SDS Requirements Removal of three year update requirement Employer not required to ensure SDS is within three years of last revision Employer must ensure they receive most up-to-date SDS at time of sale Employer must update SDS within 90 days of receiving significant new data from supplier 64

65 Confidential Business Information Some changes to align with changes to federal legislation (e.g. Health Canada now performs the functions of the former Hazardous Materials Information Review Commission) 65

66 Transition to WHMIS 2015

67 Need To Know! WHMIS 2015 is in Force Now 67

68 WHMIS 2015 Supplier Transition Periods Manufacturer or Importer February 11, 2015 to June 2017 May Comply with WHMIS 1988 OR WHMIS 2015 Distributor February 11, 2015 to June 2018 May Comply with WHMIS 1988 OR WHMIS

69 WHMIS 2015 Employer Transition Periods Phase 1 Phase 2 Phase 3 February 11, 2015 to June 2018 Comply with WHMIS 1988 AND/OR WHMIS 2015 June 1, 2018 to December 2018 May Comply with WHMIS 1988 for existing products, must comply with WHMIS 2015 for new products December 1, 2018 Must Comply with WHMIS

70 Compliance and Enforcement There are four key periods we need to address 1. Time before Part 29 is amended to align with the federal legislation 2. Transition period after Part 29 is amended until June Additional time for employers to use up WHMIS 1988 products (June 1, 2018 to December 2018) 4. After transition time is over (December 1, 2018) 70

71 Until Part 29 is Amended WHMIS 2015 is in force in Alberta even though amendments have not yet occurred For employers: If there are only products complying with WHMIS 1988 in the workplace, comply with WHMIS 1988 If there are products complying with both WHMIS 1988 and WHMIS 2015, must comply with both systems concurrently Can apply a WHMIS 1988 work site label to WHMIS 2015 products and just comply with WHMIS 1988 as long as SDS for each product contains all information required by former Controlled Products Regulations Ensure that worker training reflects the information products in the workplace 71

72 Once Part 29 is Amended until Employers must: June 2018 Comply with WHMIS 1988 if suppliers provide MSDSs and labels under old system Comply with WHMIS 2015 if suppliers provide SDSs and labels under new system Comply with both systems concurrently if they have products complying with both WHMIS 1988 and WHMIS 2015 Key issue is that WHMIS training in the workplace reflects the information systems in use in the workplace 72

73 June to December 2018 Employers: Can continue to use WHMIS 1988 for products received prior to June 2018 Must ensure that new products coming into the workplace comply with WHMIS 2015 Should be transitioning over to WHMIS 2015 Must still provide training on both systems if they still have products complying with WHMIS 1988 If employers receive new products that do not comply with WHMIS 2015, a referral for federal enforcement should be done 73

74 After December 1, 2018 Employers should only be complying with WHMIS 2015 If they still have products complying with WHMIS 1988, they must have labelling and SDS complying with WHMIS 2015 to continue using product, or Properly dispose of product If employers receive new products that do not comply with WHMIS 2015, a referral for federal enforcement should be done 74

75 For More Information 75

76 Thank you! Thank you 76