Supplier (Importer | Distributor)
Under WHMIS, suppliers must:
- Ensure the appropriate classification of hazardous products
- Provide labels for hazardous products
- Provide SDSs for hazardous products
Classification
WHMIS has adopted 2 hazard groups: physical hazards and health hazards. Each group includes a number of classes. The classes have subdivisions called “categories” or “types”. The criteria for classification are provided in the Hazardous Products Regulations (HPR). The hazard classification of a product is based on a comparison of all available hazard data to the WHMIS hazard classification criteria. Note that there is specific guidance for classifying mixtures for health hazards.
Suppliers must be aware that under the amended HPR, the following changes were introduced in December 2022:
- new information elements on the safety data sheets (SDSs)
- a new physical hazard class (Chemicals Under Pressure)
- a new hazard category for non-flammable aerosols, and
- new subcategories for flammable gases
Labels
Requirements for supplier labels include a product and supplier identifier in addition to standardized pictograms, signal words, hazard statements, and precautionary statements. Most hazard classes and categories will have a prescribed pictogram, signal word, hazard statement and precautionary statements. Supplier labels must be provided in both English and French.
The label must be accurate at the time of sale or import, for each sale or import. There is an exemption period for updating labels (and SDSs) when significant new data become available. The significant new data must be provided separately until the update is complete.
SDS
Safety data sheets (SDSs) follow a standard 16-section format with specified headings and content elements. The SDS must be provided in both English and French.
The SDSs must be accurate at the time of sale or import for each sale or import. It is a requirement to update the SDS when significant new information becomes available. There is an exemption period for updating SDSs (and labels) when significant new data becomes available. The significant new data must be provided separately until the update is complete.
CBI
Suppliers (or employers) who apply to withhold confidential business information (CBI) must meet label and SDS requirements. These requirements include the details of any safety precautions workers need to take when using the product and the first aid treatment required in the case of exposure. This approach balances the worker’s right to know with industry’s right to protect CBI.