Navigating WHMIS 2015: A Guide for Canadian Food Businesses

Understanding the Workplace Hazardous Materials Information System (WHMIS) is not just a compliance requirement; it's a fundamental aspect of ensuring the safety of Canadian workplaces. 

In order to obtain a WHMIS Certificate in Canada, food industry workers must undergo proper training. WHMIS Certification ensures that employees know how to handle hazardous materials safely in accordance with WHMIS legislation.

In this blog, we will take a closer look at the key components of WHMIS legislation, its evolution and the obligations it places on businesses.

What Is the purpose of WHMIS?

Evolution of WHMIS legislation in Canada

Enforcement of WHMIS legislation in Canada

Core components of WHMIS legislation

What happens if you don’t comply with WHMIS legislation?

What causes WHMIS violations?

Taking a proactive approach to WHMIS compliance

What Is the purpose of WHMIS?

The Workplace Hazardous Materials Information System (WHMIS) is Canada's official guide for communicating the dangers associated with hazardous substances. WHMIS standardizes the effective use of labelling, Safety Data Sheets (SDSs) and education programs to keep employees informed about hazardous materials in the workplace.

To guarantee the well-being of employees and consumers, federal and provincial legislation mandates the implementation of WHMIS. The system is applicable across various industries and workplaces, encompassing environments such as commercial kitchens and food production facilities, where chemicals and hazardous materials are often utilized.

Evolution of WHMIS legislation in Canada

WHMIS legislation was first introduced in 1988 as a response to the need for a standardized approach to communicating information about hazardous materials in the workplace. 

However, recognizing the need for alignment with global standards, Canada updated WHMIS in 2015 (and again in 2022) to harmonize with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Three key changes were made:

1. Classification criteria

Adopted internationally recognized criteria for classifying hazardous chemicals.

2. Labelling requirements

Aligned with GHS labelling standards, including standardized pictograms and signal words.

3. Safety Data Sheets (SDSs)

Standardized the format for SDSs to enhance accessibility and understanding.

Enforcement of WHMIS legislation in Canada

WHMIS is enforced through federal and provincial legislation, with specific agencies responsible for monitoring adherence. The Labour Branch of Human Resources Development Canada enforces WHMIS legislation in federal workplaces, while provincial occupational health and safety agencies handle enforcement for non-federal workplaces.

Federal enforcement

• Labour Program: Enforces WHMIS in federal workplaces.

• Canada Occupational Health and Safety Regulations: Governs WHMIS requirements for federally regulated workplaces.

Provincial enforcement

• Occupational Health and Safety (OHS) agencies: Enforce WHMIS legislation in provincially regulated workplaces.

• Variations in legislation: While the core principles are consistent, specific regulations may vary between provinces and territories.

Core components of WHMIS legislation

1. Labelling requirements

Hazards must be communicated clearly. Key labelling information includes:

• Product identifier: Brand name, chemical name, common name, generic name, or trade name.

• Pictograms: Standardized symbols indicating specific hazards.

• Signal word: Indicating the severity of the hazard.

• Initial supplier identifier: Name, address and telephone number of the Canadian manufacturer or importer.

• Workplace labels: Employers may create workplace labels when hazardous products are decanted.

2. Education and training

WHMIS education and training is a legal requirement for all employees who come into contact with hazardous materials or controlled products in the workplace.

WHMIS education builds foundational knowledge that applies across workplaces. It is portable, meaning that workers can transfer this knowledge from one job to the next. 

WHMIS training is workplace-specific. It applies WHMIS education to the exact hazards, products and procedures used at a particular job site. This training must reflect what workers actually do and the substances they handle.

To obtain a WHMIS Certificate in Canada, employees must participate in a WHMIS education program that covers the following topics:

• Hazard classes and pictograms.
• Labels and Safety Data Sheets (SDSs).
• Worker rights and responsibilities under WHMIS.
• General safe handling principles for hazardous products.

3. Safety Data Sheets (SDSs)

SDSs must be readily accessible to all employees. They contain key information regarding the following:

• Composition: Chemical composition of hazardous substances.
• Health and safety implications: Potential impact of hazards in the context of employee and consumer health.
• Required safety precautions: Instructions for preventing potential harm.
• Storage, handling and disposal procedures: Essential guidelines for the safe management of hazardous materials.
• Record keeping: Ways to maintain accurate records regarding the identity and quantity of hazardous products.

What happens if you don’t comply with WHMIS legislation?

Understanding the legal consequences of breaching WHMIS regulations is crucial for businesses in the food industry. Non-compliance can lead to serious ramifications, including financial penalties and forced business closures.

Government authorities can impose fines and penalties on businesses that fail to comply with WHMIS regulations. These fines can vary in amount but are often substantial. 

• Federal regulations: Fines of up to $1 million (CAD) and imprisonment for up to two years.
• Provincial regulations: Comparable penalties and prison terms, with business suspensions and closures also a possibility.

Your business could also face other legal liabilities if accidents or injuries occur as a result of WHMIS legislation breaches. For example, a lawsuit may be brought against a restaurant if a customer suffers an illness as a result of chemical contamination.

What causes WHMIS violations?

There are several things that can lead to a breach of WHMIS legislation, but here are some of the most common causes:

1. Poor communication of hazards

Employees need access to training and Safety Data Sheets (SDSs) in order to set up clear guidelines for managing dangerous materials.

2. Inadequate labelling

Hazardous materials should be clearly labelled with the relevant WHMIS symbols and information.

3. Failure to maintain accurate records

It’s crucial to maintain thorough records of WHMIS training, SDSs and any incidents or accidents involving hazardous materials. Food businesses are responsible for maintaining accurate records that verify the identity and quantity of hazardous products present in the workplace.

4. Inadequate knowledge

Without the required knowledge or skills, employees are more likely to handle hazardous materials incorrectly.

WHMIS education provides kitchen staff with a better understanding of hazard classes and pictograms, labels and Safety Data Sheets (SDSs), worker rights and responsibilities under WHMIS, and safe handling principles for hazardous products.

Taking a proactive approach to WHMIS compliance

To avoid WHMIS violations and their legal consequences, businesses are encouraged to foster a culture of safety in the workplace. Here are five ways this can be done:

1. Lead by example

As a business owner or manager, you can set the tone by establishing clear safety standards through your own actions. 

2. Encourage employees to get Involved

Get the whole team involved in food safety and encourage them to communicate any concerns they may have regarding hazards in the workplace.

3. Host regular safety meetings

Bring colleagues together to discuss safety procedures relating to WHMIS compliance, tailoring these to address any questions or concerns employees may have.

4. Acknowledge the efforts of employees

Reward and recognition schemes are an effective way of incentivizing employees to maintain high standards of food safety, including hazard management.

5. Offer regular training

Safety is a continuous process, so regular WHMIS training and education should be utilized to stay up-to-date with the latest information concerning hazardous materials.

Make WHMIS certification a priority

In the fast-paced world of food businesses, prioritizing safety is not just a legal obligation; it's a commitment to the well-being of employees and customers. Online certification provides a convenient and effective way to ensure compliance with WHMIS legislation in Canada.

Don't wait until violations occur. Provide your employees with access to WHMIS education, maintain accurate records and stay up-to-date with the latest information regarding hazardous materials. Your commitment to safety not only keeps your business running smoothly but contributes to a safer and healthier food industry.

Invest in your team by enrolling them in the CIFS WHMIS Course today.

The Canadian Institute of Food Safety (CIFS) is a reliable partner for anyone looking to optimize food and chemical safety in their establishment. Get in touch today and embark on your journey to a safer workplace with CIFS.