Canadian Occupational Safety

February/March 2016 21 the use, storage and handling of each product. As to what education and training must be provided, workers should be able to answer these questions for every hazardous product they work with or may be exposed to: • What are the hazards of the product? • How do I protect myself from those hazards? • What do I do in case of an emergency? • Where can I get further information? Education teaches workers the principles of WHMIS and the meaning of the information on labels and SDSs. Topics include: • WHMIS background (purpose, legislation, rights and responsibilities) • hazard classes and categories • SDSs and labels (purpose, required content and signifi cance) • sources of additional information. Workplace-specifi c training teaches workers how to work safely with hazardous products. Training is specifi c to the workplace and includes: • specifi c legislation for your jurisdiction • how to identify hazardous products and their hazards • how to access SDSs • site-specifi c procedures for working safely with hazardous products (such as storage, handling and specifi c personal protective equipment). AS: How often do employers have to provide this education and training? JC: This is an interesting question. It is the provincial/territorial/federal jurisdictional legislation that outlines the minimum requirements for education and training. These requirements have been commonly misunderstood. There is no annual requirement for WHMIS education and training. Some jurisdictions do require employers to undertake an annual review of the education and training program or to review the program whenever work conditions or hazards change or new information becomes available. This review does not necessarily mean that re-training is always required, but reviewing the program will identify whether or not it should be provided. When an inspector arrives, he will ask workers to show they understand the WHMIS system, the hazards of the products they work with and the safe use of hazardous products in the workplace. It is up to the employer to decide how often education and training must be done to meet these requirements. Remember, not all jurisdictions have updated their WHMIS legislation yet so there may be variations to be aware of in the future. AS: How do employers educate and train if both WHMIS 1988 and 2015 are in the workplace? JC: The laws do not state how to educate and train workers. That decision is up to the employer. However, to ensure worker protection, employers should indeed educate and train workers about WHMIS 2015 as new labels and SDSs begin to appear in their workplaces. If WHMIS 1988 controlled products are still in use, employers do have to continue to provide that education and training as well. AS: Are you saying an employer probably has to educate and train in both WHMIS 1988 and 2015? JC: Most likely. I know it means more work during the transition period; however, if employers have hazardous (or controlled) products in their workplace that comply with WHMIS 1988 and WHMIS 2015, workers need to understand both systems. At the end of the day, it's all about worker protection. Workers must be familiar with any hazard communication system used in the workplace. Once WHMIS 1988 products have cleared the workplace, you will no longer need to train for that system. AS: Do employers need to maintain two sets of MSDSs/SDSs? JC: Employers will need to maintain the WHMIS 1988 MSDS and the WHMIS 2015 SDS if they have a hazardous product in the workplace that has been classifi ed and labelled under both systems. Both the employer and its workers will need to be able to match the product label to the exact safety data sheet that accompanies that product. AS: What are an employer's responsibilities — not a supplier's — around making sure proper labels are on hazardous products? JC: In most cases, suppliers are responsible for labelling the hazardous products that they provide to their customers. Employers are responsible for making sure that hazardous products that come into the workplace are indeed correctly labelled and they need to prepare and apply a workplace label when appropriate. Workplace labels are generally required when the supplier label becomes illegible or is accidentally removed or detached; when the container is part of a multi-container shipment and the individual containers do not have supplier labels on them; when hazardous products are decanted from their original containers; and for employer-produced hazardous products. Workplace labels must contain a product identifi er identical to the one used on the corresponding SDS and information for the safe handling of the hazardous product. The employer should also ensure that an SDS, if supplied or produced, is available. AS: I'm hearing different things about the three-year updating rule for SDSs. Some people say it's gone, but a safety manager in British Columbia told me it's not. Is this still a requirement? JC: I agree, it is a bit confusing. For suppliers, the three-year rule for updating an SDS when there is no new information available has not been retained in WHMIS 2015. The SDS must be current at the time of sale and suppliers must update the SDS within 90 days when signifi cant new data becomes available. Signifi cant new data means any new data that affects how a product is classifi ed or data that changes the ways to protect against the hazard. For products sold within the 90-day period, suppliers are required to communicate the signifi cant new data and the date upon which it became available, in writing, to their customers. Employers are required to immediately make these updated SDSs available to their workers. Note there is no requirement for suppliers to inform past purchasers about these updates — suppliers are only required to provide a current SDS at the time of sale. For employers, some jurisdictions, such as B.C. and Yukon, are requiring the employer to contact the supplier every three years to request an up-to-date SDS. An employer would receive either an updated SDS or written confi rmation from the supplier that the SDS has not changed. If the employer is not able to receive either a new SDS or confi rmation of currency, the employer becomes responsible for updating the SDS if any new signifi cant data or hazard information applies based on the ingredients disclosed in that document. Not all jurisdictions require this contact every three years. For example, Quebec and Manitoba do not state a time period. Employers must confi rm with their jurisdiction what requirements apply. AS: At the end of the day, what has changed? JC: Employers should be aware of the following: • Since products are classifi ed using new criteria, products that were previously not covered by WHMIS 1988 may now be included under WHMIS 2015. • In many cases, hazardous products will have more meaningful hazard class names. • WHMIS 2015 also has new requirements for SDSs and labels; therefore, updated education and training of the workforce is required. AS: What has not changed? JC: Employers that purchase hazardous products must have a WHMIS program in place. This requirement means when a hazardous product is used in the workplace, employers are still required to: • educate and train workers on the hazards and safe use of products • ensure that hazardous products are properly labelled • prepare workplace labels, as needed • prepare SDSs, as necessary (for example, if an employer manufactures a hazardous product that is used on-site) • provide access to up-to-date SDSs to workers • ensure appropriate control measures are in place to protect the health and safety of workers. Are you looking to reach occupational health and safety professionals across the country? Get your listing in the Health and Safety section of HR Vendors Guide online. Attention OHS vendors and suppliers Visit www.hrreporter.com/hr-vendors-guide to enter your firm's information. HR VENDORS GUIDE HR VENDORS GUIDE Visit www.hrreporter.com/hr-vendors-guide HR VENDORS GUIDE

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