WHMIS

Manitoba Legislation

Manitoba Workplace Hazardous Materials Information System (WHMIS)

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose. This will be covered in greater detail in your online WHMIS training course.

The permission to reproduce this material is provided by the Queens Printer for Manitoba. The Queens Printer does not warrant the accuracy or currency of the reproduction of this information.

Workplace Safety and Health Regulation
Regulation 217/2006
Registered October 31, 2006
PART 35
WORKPLACE HAZARDOUS MATERIALS
INFORMATION SYSTEMS

Application
35.1(1) Subject to subsections (2) and (3), this Part applies to every workplace
where a controlled product is used, stored, produced or handled.
35.1(2) This Part does not apply if the controlled product is any of the following:
(a) wood or a product made of wood;
(b) tobacco or a product made of tobacco;
(c) a manufactured article
(i) that is formed to a specific shape or design during manufacture,
(ii) that has a shape or design that determines its use in whole or in part,
and
(iii) that, under normal use, will not release or otherwise cause a person to
be exposed to chemicals emanating from it; or
(d) a product being transported or handled pursuant to The Dangerous Goods
Handling and Transportation Act or the Dangerous Goods Transportation Act
(Canada), to the extent that its handling, offering for transport or transport is
subject to those Acts.
35.1(3) The provisions of this Part relating to supplier labels and material safety
data sheets do not apply to the following:
(a) an explosive within the meaning of the Explosives Act (Canada);
(b) a cosmetic, device, drug or food within the meaning of the Food and Drugs
Act (Canada);
(c) a control product within the meaning of the Pest Control Products Act
(Canada);
(d) a prescribed substance within the meaning of the Nuclear Safety and Control
Act (Canada); or
(e) a product, material or substance included in Part II of Schedule I of the
Hazardous Products Act (Canada) and packaged as a consumer product in
quantities normally used by a member of the general public.


REQUIREMENTS

Controlled product use and storage
35.2(1) An employer must ensure that a controlled product is not used, stored,
produced or handled in a workplace unless all the applicable requirements of this Part in
respect of labels, identifiers, material safety data sheets and worker education have
been satisfied.

35.2(2) Despite subsection (1), an employer may store a controlled product in a
workplace while actively seeking information required by this Part.

Training
35.3(1) An employer must ensure that a worker who works with or near a
controlled product or performs work involving the manufacture of a controlled product
receives training in the following:
(a) the content required to be on a supplier label and a workplace label and the
purpose and significance of the information on the label;
(b) the content required to be on a material safety data sheet and the purpose
and significance of the information on the material safety data sheet;
(c) procedures for safely storing, using and handling the controlled product;
(d) if applicable, the methods of identification referred to in section 35.7;
(e) the procedures to be followed if there are fugitive emissions;
(f) the procedures to be followed in case of an emergency involving the controlled
product.

35.3(2) An employer must ensure that the training required under subsection (1) is
developed and implemented in consultation with
(a) the committee at the workplace;
(b) the representative at the workplace; or
(c) when there is no committee or representative, the workers at the workplace.

35.3(3) An employer must ensure that any worker who receives the training
required under subsection (1) is able to apply the information provided to protect the
worker's safety and health.

35.3(4) An employer must review the worker training program at least once each
year or more frequently if required by a change in work conditions or available hazard
information. The review must be conducted in consultation with
(a) the committee at the workplace;
(b) the representative at the workplace; or
(c) when there is no committee or representative, the workers at the workplace.


LABELLING REQUIREMENTS

Supplier label required

35.4(1) An employer must ensure that the container of a controlled product or a
controlled product received at a workplace is labelled with a supplier label.
35.4(2) An employer must not remove, deface, modify or alter the supplier label
as long as any amount of a controlled product remains in the container in which it was
received from the supplier.

35.4(3) If a supplier label applied to a container of a controlled product or a
controlled product becomes illegible or is accidentally removed from the controlled
product or the container, an employer must replace the label with another supplier label
or a workplace label.

35.4(4) An employer who receives a controlled product in a multi-container
shipment where the individual containers have not been labelled by the supplier must
affix a label that meets the requirements of the Controlled Products Regulations to each
container.

35.4(5) If a controlled product imported under section 23 of the Controlled
Products Regulations is received at a worksite without a supplier label, the employer
must apply a label disclosing the information and displaying the hazard symbols
referred to in paragraph 13(b) of the Hazardous Products Act (Canada).

35.4(6) An employer who has received a controlled product transported as a bulk
shipment must
(a) affix a supplier label to the container of the controlled product or to the
controlled product in the workplace; or
(b) in cases where pursuant to section 15 of the Controlled Products Regulations
the supplier is not required to label a controlled product transported as a bulk
shipment, affix a workplace label to the container of the controlled product or to
the controlled product in the workplace.

Workplace label for employer-produced products
35.5(1) When an employer produces a controlled product in a workplace, the
employer must ensure that the controlled product or the container of the controlled
product has a workplace label applied to it.

35.5(2) Subsection (1) does not apply to
(a) the production of a fugitive emission; or
(b) a controlled product in a container that is intended to contain the controlled
product for sale or disposition and is about to be appropriately labelled within the
normal course of business and without undue delay.

Workplace label for decanted products
35.6(1) When a controlled product is decanted at a workplace into a container
other than the container in which it was received from a supplier, an employer must
ensure that a workplace label is applied to the container.

35.6(2) Subsection (1) does not apply to a portable container that is filled directly
from a container that has a supplier label or workplace label affixed to it if
(a) all of the controlled product is required for immediate use;
(b) the controlled product is under the control of and is used exclusively by the
worker who filled the portable container;
(c) the controlled product is used only during the shift in which the portable
container was filled; and
(d) the contents of the portable container are clearly identified.

Identification of product in piping system or vessel
35.7 When a controlled product in a workplace is contained or transferred in a
(a) pipe;
(b) piping system, including valves;
(c) process vessel;
(d) reaction vessel; or
(e) tank car, tank truck, ore car, conveyor belt or similar conveyance;
an employer must ensure the safe use, storage and handling of the controlled product
through a combination of worker education and the use of colour coding, labels,
placards or any other mode of identification.

Placard identifiers
35.8 When a controlled product is not in a container or is in any form intended
for export, an employer may fulfill the labelling requirements of sections 35.4 (supplier
label), 35.5 (workplace label) and 35.6 (workplace label for decanted products), by
posting a placard in a conspicuous place at the location where the controlled product is
stored that
(a) contains the information required for a workplace label; and
(b) is of such size and in such a location that the information on it is conspicuous
and clearly legible to workers.


CONTROLLED PRODUCTS
IN LABORATORY

Supplier label not required for laboratory chemicals
35.9(1) No supplier label is required on a controlled product that an employer
receives from a supplier
(a) if the controlled product
(i) originates from a laboratory supply house,
(ii) is intended by the employer solely for use in a laboratory, and
(iii) is packaged in a container in a quantity of less than 10 kg; and
(b) the container is labelled in accordance with paragraph 17(b) of the Controlled
Products Regulations.

35.9(2) An employer must ensure that a laboratory sample of a controlled product
brought into a laboratory is packaged in a container that has a label with the following
information printed on it:
(a) the product identifier;
(b) the chemical identifier or generic chemical identity of every ingredient of the
controlled product referred to in subclauses 13(1)(i) to (v) of the Hazardous
Products Act (Canada), if known to the employer or supplier;
(c) the supplier identifier;
(d) the statement "Hazardous Laboratory Sample - for hazard information or in an
emergency call [insert telephone number referred to in clause (e)];
(e) an emergency telephone number for the supplier that will enable
(i) a user of the controlled product to obtain hazard information in respect
of the controlled product, and
(ii) a medical professional to obtain the information in respect of the
controlled product referred to in clause 13(a) of the Hazardous Products
Act (Canada) and is in the possession of the supplier for the purpose of
making a medical diagnosis of, or rendering treatment to, a person in an
emergency.

35.9(3) When a controlled product is in a container other than the container in
which it was received from the supplier, the employer is not required to comply with
subsection 35.6(1) if the controlled product is only used in a laboratory and is clearly
identified.

35.9(4) When an employer produces a controlled product for use in a laboratory,
the employer is not required to comply with subsection 35.5(1) if the controlled product
is clearly identified.

35.9(5) When a controlled product is produced at a workplace and is in a
container for the sole purpose of use, analysis, testing or evaluation in a laboratory, an
employer is not required to comply with subsections 35.5(1) and 35.6(1) if the controlled
product is clearly identified and the employer complies with subsection 35.3(1).


MATERIAL SAFETY DATA SHEETS

Supplier material safety data sheets
35.10(1) An employer who acquires a controlled product for use at a workplace
must obtain a supplier material safety data sheet for that controlled product unless the
supplier is exempted from the requirement to provide a material safety data sheet by
section 9 or 10 of the Controlled Products Regulations and the employer complies with
the applicable section.

35.10(2) When a supplier material safety data sheet obtained under subsection (1)
is more than three years old, an employer must, if possible, obtain from the supplier an
up-to-date supplier material safety data sheet for the controlled product.

35.10(3) If an employer is unable to obtain a material safety data sheet as required
under subsection (2), the employer must review and revise, if necessary, the existing
supplier's material safety data sheet on the basis of the ingredients disclosed on the
sheet.

35.10(4) An employer may provide a material safety data sheet in a format that
differs from the format provided by the supplier or containing additional hazard
information if
(a) the employer-provided material safety data sheet contains no less content or
information than the supplier material safety data sheet; and
(b) the supplier material safety data sheet is available at the workplace and the
employer-provided material safety data sheet indicates that availability.

Employer material safety data sheets
35.11(1) When a controlled product or a fugitive emission that contains a controlled
product is produced at a workplace, an employer must prepare a material safety data
sheet for the controlled product in question.

35.11(2) The material safety data sheet must be updated by the employer
(a) as soon as practicable but not later than 90 days after new hazard information
becomes available; and
(b) at least once every three years.

Accessibility of material safety data sheets
35.12 An employer must ensure that all supplier material safety data sheets and
employer-provided data sheets required under this Part are readily accessible
(a) to workers at the workplace who may be exposed to the controlled product;
and
(b) to the committee or representative at the workplace.

Deletions from material safety data sheets
35.13 When an employer claims an exemption from a requirement to disclose
information under section 35.14, the employer may delete from a material safety data
sheet for the time period referred to in subsection 35.15(3), the information that is the
subject of the claim but may not delete hazard information.


CONFIDENTIALITY

Claim for disclosure exemption
35.14 An employer may file a claim with the commission that the following
information is confidential business information and should be exempt from disclosure
on a label or a material safety data sheet required under this Part:
(a) the chemical identity or concentration of an ingredient of a controlled product;
(b) the name of a toxicological study that identifies an ingredient of a controlled
product;
(c) the chemical name, common name, generic name, trade name or brand name
of a controlled product;
(d) information that could be used to identify a supplier of a controlled product.

Interim non-disclosure
35.15(1) Subject to subsection (2), an employer who claims an exemption from the
commission may
(a) delete the information that is the subject of the claim for exemption from the
material safety data sheet for the controlled product; and
(b) remove a supplier label and replace it with the workplace label that complies
with this Part.

 

35.15(2) An employer may delete confidential business information and remove the
documents from the date the employer files the claim for exemption until its
determination by the commission if the employer discloses on the material safety data
sheet, and where applicable, on the label of the product or its container,
(a) the date on which the claim for exemption was filed; and
(b) the registry number assigned to the claim for exemption under the Hazardous
Materials Information Review Act (Canada).
35.15(3) An exemption is valid for three years after the date the commission
determines the information is confidential business information.

Exemption from disclosure
35.16(1) If an employer is notified by the commission that a claim for exemption
under section 35.14 is valid, the employer may, subject to subsection (2),
(a) remove the supplier label and replace it with a workplace label that complies
with this Part; and
(b) delete the confidential business information from the material safety data
sheet for the controlled product.

35.16(2) The employer may delete confidential business information from a
controlled product's material safety data sheet or label if the employer includes on its
material safety data sheet and, if applicable, on its label or the container in which it is
packaged,
(a) a statement that an exemption from disclosure has been granted;
(b) the date of the commission's decision granting the exemption; and
(c) the registry number assigned to the claim for exemption under the Hazardous
Materials Information Review Act (Canada).

35.16(3) The information referred to in subsection (2) must be included for a period
of three years beginning not more than 30 days after the final disposition of the claim for
exemption.

Duty to disclose information
35.17(1) An employer who manufactures a controlled product must give, as soon
as practicable under the circumstances, the source of toxicological data used in
preparing a material safety data sheet on request to any of the following:
(a) a safety and health officer;
(b) the committee at the workplace;
(c) the representative at the workplace;
(d) when there is no committee or representative, the workers at the workplace.
35.17(2) The Hazardous Materials Information Review Act (Canada), applies to the
disclosure of information under subsection (1).

Information confidential
35.18(1) If a safety and health officer or other official working under the authority of
the Hazardous Products Act (Canada) obtains information from the commission under
clause 46(2)(e) of the Hazardous Materials Information Review Act (Canada), the officer
or other official
(a) must keep the information confidential; and
(b) must not disclose it to any person except in accordance with this Part and for
the purposes of the administration or enforcement of the Hazardous Products Act
(Canada) or this Act.

35.18(2) A person to whom information is disclosed under clause (1)(b)
(a) must keep the information confidential; and
(b) must not disclose it to any person except in accordance with this Part and for
the purposes of the administration or enforcement of the Hazardous Products Act
(Canada) or this Act.

Information to medical professional
35.19(1) An employer must give any information in the employer's possession,
including confidential business information exempted from disclosure under this Part, to
a medical professional for the purpose of making a medical diagnosis or treating a
worker in an emergency.

35.19(2) A person to whom confidential business information is given under
subsection (1) must not give the information to another person except for the purpose of
treating a worker in an emergency.

35.19(3) A person to whom confidential business information is given under
subsection (2) must keep the information confidential.

Limits on disclosure
35.20(1) A person must not use or disclose confidential business information
exempted from disclosure under this Part except in accordance with sections 35.18
and 35.19.

35.20(2) Subsection (1) does not apply to a person who makes a claim for
exemption or a person acting with that person's consent.
HAZARDOUS WASTE

Data sheet for hazardous waste
35.21(1) If hazardous waste that contains a controlled product is produced, stored,
handled or disposed of in the workplace, the employer must prepare a material safety
data sheet for the hazardous waste unless a document which addresses composition,
hazards and safe measures for the waste is readily available at the workplace.

35.21(2) An employer must ensure that a material safety data sheet required by
subsection (1) is readily accessible to
(a) workers at the workplace who may be exposed to the controlled product; and
(b) the committee or representative at the workplace.

Placard to identify hazardous waste
35.22 An employer may identify hazardous waste which is not in a container by
posting a placard in a workplace which
(a) discloses the information required for a workplace label; and
(b) is of a size and in locations so that the information is conspicuous and clearly
legible to workers.

Hazardous waste sale or disposal
35.23 An employer must not sell or dispose of hazardous waste to a person
unless
(a) on the sale or disposal, the employer provides that person with a material
safety data sheet in respect of each controlled product in the hazardous waste;
and
(b) the hazardous waste or container in which the hazardous waste is packaged
has a label applied to it which complies with subsection 35.5(1) (workplace label
for employer-produced products) or the information mandated by the Controlled
Products Regulations is provided to the person receiving it.

Keeping material safety data sheets
35.24 An employer must keep a material safety data sheet required under this
Part for a controlled product, including hazardous waste, for at least 30 years after the
sheet was received from the supplier or produced at the workplace.

Definitions
35.25 The following definitions apply in this Part.
"container" includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank
or similar package or receptacle.
"label" includes any mark, sign, device, stamp, seal, sticker, ticket, tag or
wrapper.
"workplace label" means a label that contains the following information:
(a) a product identifier;
(b) information for the safe handling of the controlled product; and
(c) a statement indicating that a material safety data sheet for the
controlled product is available.

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