1. SATA 2015 – Fall Presentation (WHMIS 2015)
Dr. Mike Moffatt
Nexreg Compliance Inc.
Nexreg Compliance Inc.
(519)

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

3. A quick review… 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)

4. 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
GHS serves to harmonize 3 main components:
Classification Criteria
SDSs
Label Elements
Nexreg Compliance Inc.
(519)

5. Building Block Approach
Purple Book – Up to 5th 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
Nexreg Compliance Inc.
(519)

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

7. GHS IS NEITHER GLOBAL NOR HARMONIZED!
Building Block Approach
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!
Nexreg Compliance Inc.
(519)

8. Obtaining the Official Regulations
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:
Nexreg Compliance Inc.
(519)

9. Alphabet Soup of Acronyms
This move replaces the existing:
Controlled Products Regulations (CPR)
that governs:
Workplace Hazardous Materials Information System (WHMIS)
with a new:
Hazardous Products Regulations (HPR)
Workplace Hazardous Materials Information System (WHMIS 2015)
which is based on:
The Globally Harmonized System (GHS)
Nexreg Compliance Inc.
(519)

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

11. New HPR vs. Current CPR
The requirement from CPR for a hatched border 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
Nexreg Compliance Inc.
(519)

12. New HPR vs. Current CPR
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
Nexreg Compliance Inc.
(519)

13. New HPR vs. Current CPR
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.
Nexreg Compliance Inc.
(519)

14. 1. What changes with WHMIS 2015?
Takeaway: Need to ensure your company has authored WHMIS 2015 SDSs and labels before June 2017.
Nexreg Compliance Inc.
(519)

15. Eight Big Questions
2. What are the major differences between WHMIS 2015 and US Hazcom 2015?
(Note: This only covers major differences. There are plenty of minor ones as well.)
Nexreg Compliance Inc.
(519)

16. Differences Between US and Canada
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
Nexreg Compliance Inc.
(519)

17. Overall Impression of the Regulations
“… and is aligned with the HCS 2012”
HPR and HCS 2012 are aligned such that both can be combined onto a single document
Nexreg Compliance Inc.
(519)

18. One Area of Concern…
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
Nexreg Compliance Inc.
(519)

19. WHMIS Ranges Are Now Dead
You now need exact percentages on your SDSs – these WHMIS ranges are no longer allowed.
Nexreg Compliance Inc.
(519)

20. Exact Concentrations vs. No Set Ranges
One Area of Concern…
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.
Nexreg Compliance Inc.
(519)

21. Use of Trade Secret Claim
Must apply for a HMIRA number through Health Canada. Must send formula information and the reason why ingredient/ingredient(s) should be considered proprietary.
Nexreg Compliance Inc.
(519)

22. Use of Trade Secret Claim
If trade secret status granted, then name of chemical changed to a generic name and CAS No. and concentration range changed to HMIRA#. Date granted must be listed on MSDS.
e.g. Solvent *HMIRA# 1234
*HMIRA #1234 Trade Secret Grant Date 01/01/2012
Nexreg Compliance Inc.
(519)

23. Use of Trade Secret Claim
Fees per submission – Original:
The first 15 original claims filed in a single submission cost $1,800 each.
The next 10 original claims filed in a single submission, from 16-25, cost $400 each.
All original claims in excess of 25 filed in a single submission, cost $200 each.
Nexreg Compliance Inc.
(519)

24. Use of Trade Secret Claim
Fees per submission – Re-Filed:
The first 15 re-filed claims filed in a single submission cost $1,440 each.
The next 10 re-filed claims filed in a single submission, from 16-25, cost $320 each.
All re-filed claims in excess of 25 filed in a single submission, cost $160 each.
Nexreg Compliance Inc.
(519)

25. Use of Trade Secret Claim
Fees for small businesses are discounted by 50% for firms that have revenues of less than $3,000,000 AND employs fewer than 100 persons.
Nexreg Compliance Inc.
(519)

26. Canadian Supplier Information Needed
Both SDS and Label require Canadian contact information:
“Initial supplier identifier means the name, address and telephone number of the Canadian manufacturer or importer of a hazardous product who operates in Canada.”
Nexreg Compliance Inc.
(519)

27. Canadian Supplier Information Needed
Can include U.S. contact information as well (which is important for jointly compliant documents).
Note: The supplier identifier on the label must match the supplier identifier provided on the SDS.
Nexreg Compliance Inc.
(519)

28. Differences between USA and CAN GHS
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
Nexreg Compliance Inc.
(519)

29. Differences between USA and CAN GHS
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
Nexreg Compliance Inc.
(519)

30. Differences between USA and CAN GHS
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
Nexreg Compliance Inc.
(519)

31. Differences between USA and CAN GHS
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
Nexreg Compliance Inc.
(519)

32. Differences between USA and CAN GHS
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
Nexreg Compliance Inc.
(519)

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

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

35. Something to keep in mind…
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
Nexreg Compliance Inc.
(519)

36. 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)

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

38. Supplier Requirements
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).
Nexreg Compliance Inc.
(519)

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

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

41. 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)

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

43. Workplace Requirements
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.
Nexreg Compliance Inc.
(519)

44. Workplace Requirements
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.
Nexreg Compliance Inc.
(519)

45. 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)

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

47. Canadian Proposal – June 29, 2013
Canada GHS Implementation Phases
Canadian Proposal – June 29, 2013
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 
Nexreg Compliance Inc.
(519)

48. 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)

49. 7. What Are the Biggest Challenges for Joint US-Canadian Compliance?
Eight Big Questions
7. What Are the Biggest Challenges for Joint US-Canadian Compliance?
Nexreg Compliance Inc.
(519)

50. Joint Compliance Challenges
1. Trade secrets. U.S. Hazcom 2012 rules relatively lenient when it comes to ingredient disclosure and use of percentage ranges. Canadian WHMIS 2015 rules rather strict. May need to consider applying for a HMIRA#.
Nexreg Compliance Inc.
(519)

51. Joint Compliance Challenges
2. Ensuring Canadian-based contact information on SDSs and labels. Not having correct address information is easily spotted by an inspector.
Nexreg Compliance Inc.
(519)

52. Joint Compliance Challenges
3. Many little differences between Hazcom 2012 and WHMIS Document authors need to be well versed in WHMIS Cannot simply use U.S. documents in Canada and document authors must be well-versed in WHMIS 2015.
Nexreg Compliance Inc.
(519)

53. Joint Compliance Challenges
4. Overall, there will be similar to challenges in Hazcom 2012, particularly around obtaining classification information from upstream suppliers.
Nexreg Compliance Inc.
(519)

54. 8. What Has Health Canada Recently Confirmed?
Eight Big Questions
8. What Has Health Canada Recently Confirmed?
Nexreg Compliance Inc.
(519)

55. Recent Confirmations
1. The HPR does not completely follow the 5th version of the UN GHS. It follows for most hazards but not all (specifically Aerosol Cat 3) which is not in 3rd version but is in 5th.
Nexreg Compliance Inc.
(519)

56. Recent Confirmations
2. WHMIS 2015 states that the H and P statements must come directly from the UN GHS regs. But HC has confirmed they will accept Hazcom 2012 statements as long as same meaning is expressed.
Nexreg Compliance Inc.
(519)

57. Recent Confirmations
3. HC’s WHMIS website used to sat that P statement backslashes were not permitted on the actual SDS/label. They have since retracted this.
Nexreg Compliance Inc.
(519)

58. Recent Confirmations
4. Yes, companies need to pay to list trade secret ranges on SDSs. This is no longer free for Canada (as it was with WHMIS ranges).
Nexreg Compliance Inc.
(519)

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