WHMIS 2015 – What Canadian Employers Need to Know Dr. Mike Moffatt Nexreg Compliance Inc. (519)

Seven Big Questions 1. What changes with WHMIS 2015? Nexreg Compliance Inc. (519)

1. What changes with WHMIS 2015? ANSWER: ALMOST EVERYTHING TO DO WITH SAFETY DATA SHEETS AND WORKPLACE LABELS! A quick review… Nexreg Compliance Inc. (519)

What is GHS? U.N. Initiative: Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Harmonized  Classification Criteria  Safety Data Sheets (SDSs)  Label Elements Nexreg Compliance Inc. (519)

Building Block Approach Nexreg Compliance Inc. (519) Purple Book – Up to 5 th Revision. 3 Hazard Groups: Health, Physical, Enviro. 28 classes (10 H, 16 P, 2 E) Categories (under class) e.g. Ph: Flammable Aerosol, Category 2

Building Block Approach Nexreg Compliance Inc. (519) Signal Words (Danger, Warning) Combined Hazard Statements Combined Precautionary Statements Standardized 16 section SDS 9 Pictograms (non-transport)

Building Block Approach Nexreg Compliance Inc. (519) Each jurisdiction has adopted some building blocks but not others Each jurisdiction has adopted non-GHS rules (EU SDS Format 453/2010, Prop 65, etc.) which must also be followed GHS IS NEITHER GLOBAL NOR HARMONIZED!

Obtaining the Official Regulations Nexreg Compliance Inc. (519) A copy of the official regulations can be obtained from the Government of Canada Gazette Website: Alternatively, Nexreg can send you a copy by ing:

New HPR vs. Current CPR Nexreg Compliance Inc. (519) Ultimately, the Canada GHS regulations differ from current CPR in five broad areas: 1.The manner of establishing the classification of workplace hazardous chemicals 2.Classification of physical hazards 3.Classification of health hazards 4.Hazard communication and other requirements 5.Exemptions

New HPR vs. Current CPR Nexreg Compliance Inc. (519) The requirement from CPR for a hatched boarder around the label content was not retained The requirement that the label contain a statement to the effect that a material safety data sheet is available was not retained

New HPR vs. Current CPR Nexreg Compliance Inc. (519) The SDS must only disclose ingredients in the mixture that present a health hazard. Current CPR requires disclosure of ingredients: classified as physical hazards, listed in the Ingredient Disclosure List believed on reasonable grounds to possibly be harmful for which the toxicological properties are not known

New HPR vs. Current CPR Nexreg Compliance Inc. (519) The 3 year renewal requirement was not retained  The SDS and label must be accurate at the time of each sale or importation of the product. Anytime new information is available the documents must be re- reviewed.

1. What changes with WHMIS 2015? Takeaway: Need to ensure your workplace has updated WHMIS 2015 SDSs and labels before December Nexreg Compliance Inc. (519)

Seven Big Questions 2. What are the major differences between WHMIS 2015 and US Hazcom 2015? Nexreg Compliance Inc. (519)

Differences Between US and Canada Nexreg Compliance Inc. (519) We are happy with the similarity to US Hazcom 2012  “… and is aligned with the HCS 2012 ” A handful of significant differences mostly due to some existing Canadian rules being retained As such, not 100% harmonization but very close

Overall Impression of the Proposed Regs ’ Nexreg Compliance Inc. (519) “… and is aligned with the HCS 2012 ” HPR and HCS 2012 are aligned such that both can be combined onto a single document  Will know more details when Health Canada releases guidance on how to combine the two countries’ regulations onto a single document

One Area of Concern… Nexreg Compliance Inc. (519) Proprietary/Trade Secret Chemicals: Currently, Canada and US differ greatly with how proprietary/trade secret chemicals are handled.  HMIRA# vs. “withheld as a trade secret” statement  Exact concentrations vs. No Set Ranges

One Area of Concern… Nexreg Compliance Inc. (519) Exact Concentrations vs. No Set Ranges Canadian GHS did not retain WHMIS ranges. It has been stated that the exact % must be disclosed unless there is a known variance in the raw material or manufacturing process (or register for a HMIRA#) American GHS states that you can assign any chemical range desired, as long as the statement “withheld as a trade secret” appears.

Differences between USA and CAN GHS Nexreg Compliance Inc. (519) The following HPR label requirements are not aligned with HCS 2012: Carcinogenicity – Carcinogenic 0.1% or more required a label under HPR The following classifications require a label under HPR  PHNOC and HHNOCs  Biohazardous Infectious Materials  Water Reactive Substances

Differences between USA and CAN GHS Nexreg Compliance Inc. (519) Hazard Statements HPR does not allow the omission of non- applicable hazard statement HCS 2012 allows you to remove hazard statements that do not apply

Differences between USA and CAN GHS Nexreg Compliance Inc. (519) Small Volume Containers Products packaged in small volume containers (<100 mL) are proposed to be exempt from the requirement to bear P or H statements on the label HCS 2012 does not provide such an exemption. However, OSHA addresses provisions for small package labelling in response to questions from individual suppliers

Differences between USA and CAN GHS Nexreg Compliance Inc. (519) Small Volume Containers (3mL or less) Products packaged in a container with a capacity of 3 mL or less where the label interferes with the use of the product are required to have a label only while in transport/storage, not during their use HCS 2012 does not provide such an exemption. However, OSHA addresses provisions for small package labelling in response to questions from individual suppliers

Differences between USA and CAN GHS Nexreg Compliance Inc. (519) Multiple Containers or Kits HPR requires that all containers in which a product is packaged has a label. An outer container that contains two or more products (such as a kit) can bare a reduced label HCS 2012 only requires that the immediate (innermost) container of a product to be labelled. Therefore there is no exemption for the labelling of outer containers

2. US-Canada Differences Takeaway: Cannot just use US documents in Canada. Significant differences still exist between the two systems. Nexreg Compliance Inc. (519)

Seven Big Questions 3. How does WHMIS 2015 Change Requirements for Consumer Products? Nexreg Compliance Inc. (519)

Something to keep in mind… Nexreg Compliance Inc. (519) GHS regulations do not affect consumer labels! HCS 2012 does not apply to CPSC Consumer Labels with regards to the US HPR will not apply to CCCR consumer labels with regards to Canada

3. Consumer vs. Workplace Takeaway: Canada still running parallel workplace vs. consumer label regulations. Same issues still exist with ensuring workplace chemicals meet workplace standards. Nexreg Compliance Inc. (519)

Seven Big Questions 4. What are supplier requirements under WHMIS 2015? Nexreg Compliance Inc. (519)

Supplier Requirements Nexreg Compliance Inc. (519) During the transition, suppliers can provide SDSs and labels in either WHMIS 2015 or WHMIS 1988 systems, but they must be consistent for an individual product (that is, label must match SDS).

Supplier Requirements Nexreg Compliance Inc. (519) Manufacturers and distributors must provide WHMIS 2015 compliant documents after their respective deadlines.

Supplier Requirements Nexreg Compliance Inc. (519) Companies can not combine WHMIS 2015 and WHMIS 1988 information on to a single document, though many will try.

4. Supplier Requirements Takeaway: During the transition period, manufacturers/distributors can still provide SDSs and labels under old format. May be worth pressing companies to have WHMIS 2015 documents well ahead of deadline. Nexreg Compliance Inc. (519)

Seven Big Questions 5. What Does WHMIS 2015 Require of Workplaces? Nexreg Compliance Inc. (519)

Workplace Requirements Nexreg Compliance Inc. (519) During the transition period, workers will be in contact with both WHMIS 2015 and WHMIS 1988 labels and SDSs, meaning they will need to be familiar with both systems.

Workplace Requirements Nexreg Compliance Inc. (519) As soon as the first product that is in the workplace that has an SDS and label for WHMIS 2015, workers must be trained in that system.

Workplace Requirements Nexreg Compliance Inc. (519) Overall training requirements are provincial jurisdiction. Does not appear any province is changing the overall rules around training (of course, this is always subject to change)

5. Workplace Requirements Takeaway: If there’s WHMIS 2015 products in workplace, workers must be trained in the new system. If there’s still WHMIS 1988 products in workplace, that training must continue. Nexreg Compliance Inc. (519)

Seven Big Questions 6. What Are the Compliance Dates for WHMIS 2015? Nexreg Compliance Inc. (519)

Nexreg Compliance Inc. (519) Canadian Proposal – June 29, 2013 Canada GHS Timeline, so far… First Proposal – June 29, 2013 First Comment Period – June 29 to Sept 15, 2013 Second Proposal – Aug 8, 2014 Second Comment Period – Aug 8 to Sept 8, 2014 Canada GHS Transition Period/Implementation – Feb 2015 to Dec 2018 Health Canada has introduced a 2 year transition period (for manufacturers/importers) and a 3 year transition period (for distributors) with a final implementation deadline of Dec 1 st, 2018 (for employers). June, 2013Sept, 2013Aug, 2014Sept, 2014

Nexreg Compliance Inc. (519) Canadian Proposal – June 29, 2013 Canada GHS Implementation Phases Phase 1: Feb 2015 to May Transition to GHS. Either old WHMIS or new GHS documents will be accepted during this time. Phase 2: June 2017 to May 2018 – Manufacturers MUST be fully compliant with WHMIS 2015 starting June Distributors have until May 2018 to be fully compliant Phase 3: June 2018 to Nov All suppliers/ manufacturers/importers /distributors must follow GHS. But workplaces can continue to use up their old documents and labeled products. Dec full transition complete

6. Deadlines Takeaway: U.S. experience shows that deadlines sneak up on companies. Will not want to leave until last minute. Nexreg Compliance Inc. (519)

Seven Big Questions 7. What Are the Biggest Challenges for Workplaces? Nexreg Compliance Inc. (519)

Workplace Challenges Nexreg Compliance Inc. (519) U.S. experience very instructive. Workplaces must be vigilant that they are receiving correct documentation. Unfortunately too many manufacturers/distributors ill-informed.

Workplace Challenges Nexreg Compliance Inc. (519) Ensure documentation is Canadian compliant. If unsure: ASK!

Workplace Challenges Nexreg Compliance Inc. (519) Ensure documentation does not try to combine WHMIS 1988 and WHMIS If it does: REJECT.

Workplace Challenges Nexreg Compliance Inc. (519) Make sure all employees are trained up in the new system before a single WHMIS 2015 product enters the workplace.

WHMIS 2015 – What Canadian Employers Need to Know Nexreg Compliance Inc. (519) Questions?