WHMIS Requirements for BC Employers: What Safety Training You Must Provide

Under WHMIS requirements in British Columbia, employers are required to train all workers to give them an understanding of WHMIS in general. Workers who may be exposed to hazardous products must complete workplace specific WHMIS training. In addition, employers must have correctly labelled products, available Safety Data Sheets (SDS), and safe handling practices put into place. Training must be updated if there are any changes to the hazards in the workplace, products or handling practices to ensure compliance with WorkSafeBC.

If your job involves the use, storage or handling of chemicals, cleaning products, fuels, solvents, or any other products that are considered hazardous in the workplace, then WHMIS applies to you. That covers a lot more than factories and labs. Hazardous products are used daily in auto shops, restaurants, salons, warehouses, construction sites and property management companies.

WHMIS is the abbreviation for the Workplace Hazardous Materials Information System. In BC, the employer has a legal obligation to implement a WHMIS program and ensure that all employees are educated and trained. This guide provides information about what BC employers are required to provide, who needs the training, and how to remain compliant with WorkSafeBC.

What Is WHMIS and Who Enforces It in BC?

The WHMIS system is the Canadian system for communicating information about hazardous products. Provides workers with information about what they are handling, what the risks are and how to protect themselves.

There are two layers of the system:

• Federal law : The Hazardous Products Act and the Hazardous Products Regulations require suppliers to classify their products, and supplier labels and safety data sheets (SDSs) to be issued.
• Provincial law : The rules are found in BC in WorkSafeBC's Occupational Health and Safety (OHS) Regulation, Part 5.

Today, WHMIS is referred to as WHMIS 2015, which was harmonized with the Globally Harmonized System (GHS) for the classification and labelling of chemicals. The regulations for WHMIS 2015 in BC became effective on August 4th, 2015.

Each hazardous product should be labeled under WHMIS as hazardous, include its hazards and precautions and have an SDS that provides more information. Employers are required to have a WHMIS program in place, ensure that hazardous products are labeled properly, ensure that SDSs are readily available to workers, prepare labels and SDSs for the workplace where necessary, and educate and train workers. worksafebc

Who Needs WHMIS Training in BC?

The simple answer: any employee who comes into contact with or near a hazardous product.

That includes:

• Employees who handle, use, store or dispose of hazardous products
• Any employee who may come in contact with hazardous products, regardless of whether they open a product container
• Supervisors and managers who oversee the work.
• Not only employees on a full-time basis, but also those who work part-time, on a temporary basis or in a seasonal manner.
• New employees: Prior to working with hazardous products

It's worth emphasizing that supervisors are effective. They may never come into contact with chemicals, but they are nevertheless responsible for ensuring that work is carried out safely, and they can't do this without recognizing the potential dangers. A large majority of BC employers train supervisors to the level of worker and then some.

One good way to do this is to conduct a walk-through at work and ask the question: Would this person be exposed to a hazardous product at work, from a spill, from a leak, or during an emergency? If the response is "yes", they require WHMIS education and training.

Your Core Duty: Establish and Maintain a WHMIS Program

The OHS Regulation does not leave an employer with the choice to throw workers on a course and leave it at that. There is an expectation for a working WHMIS program under the law. In the real world, this translates to:

1. Keeping an inventory of the hazardous products in your workplace
2. Ensuring products are labelled with a supplier label or workplace label
3. Maintaining up-to-date SDSs and access to those SDSs by workers
4. Evaluating the dangers of every product and the risks connected with the way it’s used.
5. Instituting controls including ventilation, substitution, safe storage and PPE.
6. Educating and training workers
7. Regular review of program to ensure it remains accurate with what is occurring in the workplace.

Let's take a close look at the training piece, for it's what most employers will ask about.

What WHMIS Training Is Legally Required in BC?

WorkSafeBC's requirements are in section 5.6 and 5.7 of the OHS Regulation, and they outline two separate requirements. Often confused for one another, but they are not.

1. General WHMIS education (section 5.6)

This is the base. The workers must be aware of WHMIS and how it applies to the workplace. The following is a general list of the topics addressed in a general education course:

• Introduction to WHMIS and the purpose of WHMIS.
• The responsibilities and duties of suppliers, employers and employees.
• The hazard classes and pictograms will be displayed.Hazard classes and pictograms will be shown.
• How to read labels from suppliers and workplaces
• How to find and read an SDS
• A description of the purpose and importance of the information those documents provide.

It can be provided in the form of an instructor-led class, virtual class or a quality online class, provided it is relevant to the workplace and provides the required content.

2. Workplace-specific training (section 5.7)

Many employers fail to understand this. Following the general education, hands-on training on the tasks and specific hazardous materials used in the worker's workplace is needed. That includes:

• Safe procedures for using, handling and storing each product.
• Safe disposal procedures
• Emergency procedures such as spills, leaks, fires and exposure.
• Hazards associated with other tasks or activities, such as non-routine activities or unusual tasks
• Where to find labels and SDSs at your site
• What controls and personal protective equipment (PPE) are required and how to use them.

What controls and personal protective equipment (PPE) are required and how to use them.

This part is not teachable in a generic online WHMIS course, since it doesn't know the products stored in your shop or the way your employees use them. The certificate from an online course is at best the general education requirement. It does not meet the requirement to provide workplace specific training on its own.

WorkSafeBC agrees: WHMIS education programs should be followed by training in safe work procedures for the job. actsafe

Can You Train Workers Yourself?

Yes. Employers can provide WHMIS training themselves, as long as it meets the requirements of sections 5.6 and 5.7 of the OHS Regulation. Most do, with internal trainers, supervisors or safety coordinators, often complemented with an external course for general education.worksafebc

The person who is providing the training should:

• Know and know how to use WHMIS and the products in your workplace.
• Be able to respond to queries and show procedures
• Ensure that workers understood the content as opposed to sitting through it

Even if training is beneficial, it can only benefit workers if they are able to apply it. That can be confirmed by doing a short quiz, demonstration and observation on the job.

Does a WHMIS Certificate Matter?

Employers may inquire if employees require a “WHMIS ticket” or certificate. The truth is, BC law doesn't mandate a specific credential, it just needs education and training. WorkSafeBC does not provide WHMIS training or certification, nor does WorkSafeBC favor any training provider over another.

However, certificates from reputable providers are still valuable. They:

• Provide documented evidence that general education requirements were met by workers.
• Make onboarding quicker when a new employee just has recently been trained.
• Assist in the display of due diligence in an inspection or incident investigation.

Keep in mind, however, that a certificate from a former employer does not necessarily include your workplace. The new employee still requires training on your products, procedures, and emergency plan.

Labels and Safety Data Sheets: What Employers Must Manage

Two other responsibilities of the employer that are closely linked to training are labels and SDSs.

Labels. Products received from supplier are labeled with a supplier label. The following labels will indicate the product name, pictograms, signal word, hazard statements, precautionary statements, and supplier information. Where a product is decanted into a smaller container, or a hazardous product is produced on site, generally a workplace label will be required to ensure that employees don't have to guess what's in the container.

Safety data sheets. Each SDS includes 16 sections of detailed information: hazards, first aid, handling and storage, exposure controls and disposal. Employers are required to keep SDSs up to date and make them easily accessible to employees by eliminating the need to ask permission or search through an office.

Both are teaching documents, rather than compliance documents. Your training should educate workers on how to read a label, locate the correct SDS and use the information contained on the label to inform their use of the product.

How Often Is WHMIS Training Required?

The OHS Regulation does not have a specific end date for WHMIS education. Rather, it's a continuous responsibility. You need to offer or update training in practice:

• Upon the hiring or moving into a job role for which a worker must use hazardous products.
• As a new dangerous product or process is first introduced.As new dangerous product or process is first introduced.
• If the hazard information is updated, for example, a new SDS
• Whenever procedures or controls are modified.At the time of changes to procedures or controls.
• When incidents or near misses or inspections indicate that workers require a refresher
• To keep knowledge current, at regular intervals (usually yearly or every few years) as many BC employers do.

While the law does not have an expiration date, a worker who has taken a course five years ago and hasn't considered it since will not be able to respond appropriately in the event of a spill. A scheduled refresher is minimal cost compared to the cost of an injury or a stop-work order.

Keep Records and Involve Your Safety Committee

Your proof of compliance is documentation. Maintain records documenting:

• Who trained whom and on what and when?
• Who was providing the training?Who was the training being provided by?
• How you verified workers' understanding
• Certificates of any course provided with copies.
• Is the program currently being reviewed?Is the program up for review?

It is important to have your joint health and safety committee (JHSC) or worker health and safety representative involved as well. They can assist you in identifying hazards, reviewing training material and identifying gaps. Listen to what your work committee says – this may be a reflection of real life issues that a policy document would not be able to capture.

Common WHMIS Mistakes BC Employers Make

There are certain patterns that repeat themselves:

• Taking a certificate as a representation of the program. General education is taught in an online course.
• Skipping workplace-specific training. The workers can read the pictograms but do not understand how to use the products in the workplace.
• Outdated SDSs. Binders or folders full of old sheets, or sheets that can’t be found.
• Unlabelled secondary containers. Spraying unloaded spray bottles and buckets is one of the most prevalent infractions.
• Not to forget with part-time and temporary staff. They are at the same risk as all people.
• Failure to retrain on product changes. A stealth change of supplier or chemicals changes the hazard picture all over again.
• No records. An inspector may assume it didn't occur if it cannot be proved.

A Quick Compliance Checklist

Use this as a starting point:

• I have an up-to-date inventory of hazardous products
• All products are marked (even secondary containers)
• SDSs are up-to-date and conveniently available for workers.
• All workers get general WHMIS training.
• All employees are trained on our products, procedures and emergency plans.
• The same goes for supervisors: they are trained too.
• New hires are trained before working with hazardous products
• When the products, processes or hazards change training is refreshed.
• Training records are kept and organized
• The program is reviewed regularly with the involvement of the JHSC/ worker representative.

What Happens If You Don’t Comply?

WorkSafeBC prevention officers conduct inspections throughout BC and may issue orders, administrative penalties and in the event of a serious risk, stop-work orders. In addition to the regulatory aspect, the following are real life risks associated with poor WHMIS practice: chemical burns, respiratory illnesses, fire and long-term health issues. An incident also translates to wasted time, increased expenses and loss of reputation.

The bottom line of WHMIS in BC is this: workers should know what they're working with, and how to work safely. That duty is fulfilled by the employer's implementation of a TRUE WHMIS program (labels, SDSs readily available, general education, workplace specific training, and review).

If you want to build a stronger safety culture across your team, explore the workplace safety training courses available through Mainland Safety, and make sure your people have the skills to work safely every day.