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Saskatchewan Legislation

Saskatchewan Workplace Hazardous Materials Information System (WHMIS)

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose. This will be covered in greater detail in your online WHMIS training course.

The following is Copyright©2009 The Queen’s Printer, Saskatchewan

The Occupational Health and Safety Regulations, 1996

PART XXII
Controlled Products — Workplace Hazardous Materials Information System

Interpretation
315 In this Part:
(a) “bulk shipment” means a shipment of a controlled product that is
contained without intermediate packaging in:
(i) a container with a water capacity of more than 454 litres;
(ii) a freight container, road vehicle, railway vehicle or portable tank, a
freight container on a road vehicle, railway vehicle, ship or aircraft or a
portable tank carried on a road vehicle, railway vehicle, ship or aircraft;
(iii) the hold of a ship; or
(iv) a pipeline;
(b) “container” includes a bag, barrel, bottle, box, can, cylinder, drum,
storage tank or similar package or receptacle;
(c) “Controlled Products Regulations” means the Controlled Products
Regulations (Canada), SOR/88-66;
(d) “fugitive emission” means a gas, liquid, solid, vapour, fume or dust
that escapes from any process or emission control equipment or from a
product;
(e) “hazard information” means information on the proper and safe use,
storage and handling of a controlled product, and includes information
relating to the product’s toxicological properties;
(f) “hazardous waste” means a controlled product that is intended for
disposal or is sold for recycling or recovery;
(g) “laboratory sample” means a sample of a controlled product that is
intended solely to be tested in a laboratory but does not include a controlled
product that is to be used:
(i) by the laboratory for testing other products, materials or substances;
or
(ii) for educational or demonstration purposes;
(h) “manufactured article” means an article that is formed to a specific
shape or design during manufacture, the intended use of which when in that
form is dependent, in whole or in part, on its shape or design and that, under
normal conditions of use, will not release or otherwise cause a person to be
exposed to a controlled product;
(i) “product identifier” means, with respect to a controlled product, the
brand name, code name or code number specified by a supplier or the
chemical name, common name, generic name or trade name;
(j) “readily available” means present in an appropriate place in the form
of a paper copy that can be handled by a worker;
(k) “risk phrase” means, with respect to a controlled product or a class,
division or sub-division of controlled products, a statement identifying a
hazard that may arise from the nature of the controlled product or the class,
division or sub-division of controlled products;
(l) “supplier” means a supplier as defined in the Hazardous Products Act
(Canada);
(m) “supplier identifier” means, with respect to a controlled product, the
name of the supplier of the controlled product;
(n) “supplier label” means a label provided by a supplier that discloses the
information and displays the hazard symbols mentioned in paragraph 13(b)
of the Hazardous Products Act (Canada);
(o) “supplier material safety data sheet” means a material safety data
sheet provided by a supplier that discloses the information mentioned in
subparagraphs 13(a)(i) to (v) of the Hazardous Products Act (Canada);
(p) “workplace label” means a legible label that discloses:
(i) a product identifier that is identical to that found on the material
safety data sheet of the corresponding controlled product;
(ii) all necessary information for the safe handling of the controlled
product; and
(iii) the fact that a material safety data sheet, if supplied or produced,
is available.

Certain products exempted
316(1) The provisions of this Part with respect to a supplier label and a material
safety data sheet do not apply to a controlled product that is:
(a) an explosive within the meaning of the Explosives Act (Canada);
(b) a cosmetic, device, drug or food within the meaning of the Food and Drug
Act (Canada);
(c) a control product within the meaning of the Pest Control Products Act
(Canada);
(d) a prescribed substance within the meaning of the Atomic Energy Control
Act (Canada); or
(e) a product, material or substance that is packaged as a consumer product
in a quantity normally used by the public.
(2) This Part does not apply to a controlled product that:
(a) is a wood or a product made of wood;
(b) is a tobacco or a product made of tobacco;
(c) is a manufactured article; or
(d) is being transported or handled pursuant to The Dangerous Goods
Transportation Act and the Transportation of Dangerous Goods Act (Canada).
(3) Subject to subsection (4), this Part does not apply to hazardous waste.
(4) An employer shall ensure the safe storage and handling of hazardous waste
generated at a place of employment through a combination of identification of the
hazardous waste and worker training.
(5) The worker training mentioned in subsection (4) must include all hazard
information of which the employer is aware, or ought to be aware, concerning the
hazardous waste.
4 Oct 96 cO-1.1 Reg 1 s316.

Restriction on use of controlled products
317(1) Subject to subsection (2), an employer shall ensure that a controlled
product is not used, stored or handled in a place of employment unless all the
applicable requirements of this Part with respect to labels, identifiers, material
safety data sheets and worker training are complied with.
(2) An employer may store a controlled product in a place of employment while
actively seeking information required pursuant to this Part.
4 Oct 96 cO-1.1 Reg 1 s318.

Worker training
318(1) An employer shall ensure that a worker who works with, or in proximity to,
a controlled product is informed about:
(a) all hazard information received by the employer from a supplier
concerning that controlled product; and
(b) any further hazard information of which the employer is aware, or ought
to be aware, concerning the use, storage and handling of that controlled
product.
(2) Where a controlled product is produced in a place of employment, an employer
shall ensure that a worker who works with, or in proximity to, that controlled
product is informed about all hazard information of which the employer is aware, or ought to be aware, concerning the use, storage and handling of that controlled
product.
(3) An employer shall ensure that a worker who works with, or in proximity to, a
controlled product is trained in:
(a) the content required on a supplier label and workplace label for the
controlled product and the purpose and significance of the information
contained on those labels;
(b) the content required on a material safety data sheet for the controlled
product and the purpose and significance of the information contained on the
material safety data sheet;
(c) all necessary procedures for the safe use, storage, handling and disposal
of the controlled product;
(d) all necessary procedures to be followed where fugitive emissions are
present; and
(e) all necessary procedures to be followed in case of an emergency involving
a controlled product.
(4) An employer shall ensure that the training required by subsection (3) is
developed:
(a) for that employer’s place of employment; and
(b) in consultation with the committee, if there is a committee.
(5) An employer shall ensure that:
(a) the training required by subsection (3) results in a worker being able to
apply the information as needed to protect the health and safety of that
worker or any other worker; and
(b) the necessary procedures mentioned in clauses (3)(c) to (e) are
implemented.
(6) An employer, in consultation with the committee, the representative or, where
there is no committee or representative, the workers, shall review the training
provided to workers concerning controlled products at least annually, or more
frequently if there is a change in work conditions or available hazard information.
4 Oct 96 cO-1.1 Reg 1 s318.

Supplier label
319(1) An employer shall ensure that a controlled product or the container of a
controlled product that is received from a supplier at a place of employment is
labelled with a supplier label.
(2) Subject to section 42 of the Act, no employer shall remove, deface, modify or
alter the supplier label on the container of a controlled product as long as any
amount of the controlled product remains at the place of employment in the
container in which it was received from the supplier.
(3) Where a label applied to a controlled product or a container of a controlled
product becomes illegible or is accidentally removed from the controlled product or container, an employer shall replace the label with either a supplier label or a
workplace label.
(4) Where an employer receives a controlled product in a multi-container shipment in which the individual containers have not been labelled by the supplier, the employer shall affix to each container a label that meets the requirements of the Controlled Products Regulations.
(5) Where a controlled product imported pursuant to section 23 of the Controlled
Products Regulations is received at a place of employment without a supplier label, an employer shall affix a label that meets the requirements of the Controlled Products Regulations.
(6) An employer who receives a controlled product transported as a bulk shipment shall affix to the container of the controlled product or to the controlled product at the place of employment:
(a) a supplier label; or
(b) where, pursuant to section 15 of the Controlled Products Regulations,
the supplier is not required to label a controlled product transported as a bulk
shipment, a workplace label.
4 Oct 96 cO-1.1 Reg 1 s319.

Workplace label for employer-produced products
320(1) Subject to subsections (2) and (3), where a controlled product is produced at
a place of employment, an employer shall ensure that a workplace label is applied to
the controlled product or the container of the controlled product.
(2) Subsection (1) does not apply to the production of fugitive emissions.
(3) Subsection (1) does not apply to a controlled product in a container that:
(a) is intended to contain the controlled product for sale or disposition; and
(b) is or is about to be appropriately labelled within the normal course of
business and without undue delay.
4 Oct 96 cO-1.1 Reg 1 s320.
Workplace label for decanted products
321(1) Subject to subsection (2), where a controlled product at a place of
employment is in a container other than the container in which the controlled
product was received from a supplier, an employer shall ensure that a workplace
label is applied to the container.
(2) Subsection (1) does not apply to a portable container that is filled directly from
a container that has a supplier label or workplace label applied to it if all of the
controlled product in the portable container is required for immediate use or:
(a) the controlled product is:
(i) under the control of, and used exclusively by, the worker who filled
the portable container; and
(ii) used only during the shift in which the portable container was
filled; and
(b) the content of the container is clearly identified.
4 Oct 96 cO-1.1 Reg 1 s321.

Identification of controlled products in piping systems and vessels
322 Notwithstanding sections 319 to 321, an employer shall ensure the safe use,
storage and handling of a controlled product in a place of employment through
worker training and the use of colour coding, labels, placards or any other mode of identification where the controlled product is contained or transferred in or on:
(a) a pipe;
(b) a piping system, including valves;
(c) a process vessel;
(d) a reaction vessel; or
(e) a tank car, tank truck, ore car, conveyor belt or similar conveyance.
4 Oct 96 cO-1.1 Reg 1 s322.

Placard identifiers
323(1) Notwithstanding sections 319 to 321, an employer shall post a placard in
accordance with subsection (2) where a controlled product:
(a) is not in a container;
(b) is in a container or form intended for export; or
(c) is in a container that is intended to contain the controlled product for sale
or disposition, and the container is not yet labelled but is to be labelled
pursuant to section 320.
(2) A placard required by subsection (1):
(a) must disclose the information required for a workplace label; and
(b) must be of an appropriate size and must be placed in an appropriate
location to make the information on it conspicuous and clearly legible to
workers.
(3) An employer who complies with subsections (1) and (2) is deemed to have
complied with sections 319 to 321.
4 Oct 96 cO-1.1 Reg 1 s323.

Laboratory and sample labels
324(1) Where a quantity of less than 10 kilograms of a controlled product
packaged in a container originates from a laboratory supply house and is intended by the employer solely for use in a laboratory, a label supplied by the supplier and affixed to the container is deemed to be a supplier label for the purposes of section 319 if the label discloses:
(a) a product identifier;
(b) where applicable, the fact that a material safety data sheet is available;
and
(c) all necessary risk phrases, precautionary measures and first aid measures
that apply to the product.
(2) Where a sample of a product described in subsection (3) that is a controlled
product or a product that a supplier or an employer has reason to believe may be a controlled product, a label provided by the supplier and affixed to the container
received at the place of employment is deemed to be a supplier label for the
purposes of section 319 if it meets the requirements of subsection (4).
(3) Subsection (2) applies to a product that:
(a) is contained in a container that contains less than 10 kilograms of the
product;
(b) is intended by the supplier or the employer solely for analysis, testing or
evaluation in a laboratory; and
(c) is one with respect to which the supplier is exempted pursuant to
section 9 of the Controlled Products Regulations from the requirement to
provide a material safety data sheet.
(4) A label mentioned in subsection (2) must:
(a) disclose the product identifier;
(b) disclose the chemical identity or generic chemical identity of any
ingredient of the controlled product mentioned in any of subparagraphs
13(a)(i) to (v) of the Hazardous Products Act (Canada), if known
to the supplier or the employer;
(c) disclose the supplier identifier;
(d) contain the statement “Hazardous Laboratory Sample – For hazard
information or in an emergency call [insert telephone number mentioned in
clause (e)]”; and
(e) contain an emergency telephone number of the supplier that will enable:
(i) a user of the controlled product to obtain hazard information with
respect to the controlled product; and
(ii) a physician or nurse to obtain, for the purpose of making a medical
diagnosis of or rendering treatment to a person in an emergency, any
information with respect to the controlled product that is mentioned in
paragraph 13(a) of the Hazardous Products Act (Canada) and is in the
possession of the supplier.
(5) An employer is exempt from section 321 if the employer complies
with subsection (6) with respect to a controlled product mentioned in subsection (1) or (2) that:
(a) is manufactured by the employer; or
(b) in the case of a controlled product received from a supplier, is in a
container other than the container in which it was received.
(6) For the purposes of subsection (5), an employer shall:
(a) identify the controlled product through a combination of:
(i) any mode of identification that is visible to workers at the place of
employment; and
(ii) worker training; and
(b) ensure that the mode of identification and worker training used enables
the workers to readily identify and obtain either:
(i) the information required on a material safety data sheet or label; or
(ii) a document disclosing the information mentioned in clauses (4)(a)
to (e) with respect to the controlled product or the sample.
(7) Where a controlled product is produced in a laboratory, an employer is exempt from section 321 if:
(a) the controlled product is intended by the employer solely for evaluation,
analysis or testing for research and development as defined in the Controlled
Products Regulations;
(b) the controlled product is not removed from the laboratory;
(c) the controlled product is clearly identified through a combination of:
(i) any mode of identification that is visible to workers at the place of
employment; and
(ii) worker training; and
(d) the employer ensures that the mode of identification and worker
training used enables workers to readily identify the controlled product and
obtain:
(i) the information required on a material safety data sheet, if one has
been produced; or
(ii) any other information that is necessary for the safe use, storage
and handling of the controlled product.
4 Oct 96 cO-1.1 Reg 1 s324.

Supplier material safety data sheets
325(1) An employer who acquires a controlled product for use at a place of
employment shall obtain a supplier material safety data sheet with respect to that
controlled product.
(2) Where a supplier material safety data sheet obtained pursuant to subsection
(1) is more than three years old, an employer shall, if possible, obtain from
the supplier an up-to-date supplier material safety data sheet with respect to that
controlled product.
(3) Where an employer is unable to obtain an up-to-date supplier material safety
data sheet pursuant to subsection (2), the employer shall add to the existing
supplier material safety data sheet any new hazard information applicable to the
controlled product on the basis of the ingredients disclosed in the existing supplier material safety data sheet.
(4) An employer may provide a material safety data sheet that is in a format
different from the format provided by the supplier or that contains additional
hazard information if:
(a) subject to section 328, the material safety data sheet provided by the
employer contains no less information than the supplier material safety data
sheet, or any lesser information that is acceptable to the committee, the
representative or, where there is no committee or representative, the
workers; and
(b) the supplier material safety data sheet is available at the place of
employment and the employer’s material safety data sheet indicates that fact.
(5) Where a supplier is exempted by section 9 or 10 of the Controlled Products
Regulations from the requirement to provide a material safety data sheet for a
controlled product, an employer is exempt from subsection (1).
4 Oct 96 cO-1.1 Reg 1 s325.

Employer material safety data sheets
326(1) Subject to section 328, where an employer produces a controlled product in a place of employment, the employer shall prepare a material safety data sheet with respect to the product that discloses the information required pursuant to the Controlled Product Regulations.
(2) For purposes of subsection (1), “produces” does not include the production of
a fugitive emission or of intermediate products undergoing reaction within a
reaction or process vessel.
(3) An employer shall update the material safety data sheet mentioned in
subsection (1):
(a) where new hazard information becomes available to the employer, as
soon as is practicable but not later than 90 days after the new information
becomes available; and
(b) at least every three years.
4 Oct 96 cO-1.1 Reg 1 s326.

 

Availability of material safety data sheets
327(1) Subject to subsection (4), an employer shall ensure that a copy of a material safety data sheet required by section 325 or 326 is made readily available:
(a) at a worksite to any worker who may be exposed to the controlled
product; and
(b) to the committee or the representative.
(2) Where a controlled product is received at a laboratory and the supplier has
provided a material safety data sheet, an employer shall ensure that a copy of the material safety data sheet is readily available to any worker in the laboratory.
(3) Where a controlled product is received or produced at a laboratory and the
employer has produced a material safety data sheet, the employer shall ensure that the material safety data sheet is readily available to any worker in the laboratory.
(4) A material safety data sheet may be made available on a computer terminal at a worksite if the employer:
(a) takes all reasonable steps to keep the terminal in active working order;
(b) makes the material safety data sheet readily available on the request of
a worker; and
(c) provides training in accessing computer-stored material safety data
sheets:
(i) to workers working at a worksite where the material safety data
sheet is available on the terminal; and
(ii) to members of the committee or to the representative.
4 Oct 96 cO-1.1 Reg 1 s327.

Omissions from material data safety sheet
328 Pending the final determination of an employer’s claim for an exemption
pursuant to section 42 of the Act, the employer may, subject to any terms and
conditions pursuant to that section, omit from a material safety data sheet required by section 325 or 326 the information that is the subject of the claim, but shall not omit any hazard information.
4 Oct 96 cO-1.1 Reg 1 s328.

Disclosure re claim for exemption, exemption granted
329(1) An employer who claims an exemption from a requirement to disclose
information pursuant to section 42 of the Act shall disclose the following on the
required material safety data sheet or label:
(a) the date on which the claim for exemption was filed; and
(b) the registry number assigned to the claim pursuant to the Hazardous
Materials Information Review Act (Canada).
(2) Where an employer receives notice of a decision that a claim or portion of a
claim mentioned in subsection (1) is valid:
(a) subsection (1) continues to apply:
(i) if there is no appeal, for a period of 30 days after the expiry of the
appeal period; or
(ii) if there is an appeal:
(A) for a period of 30 days after the determination of the appeal;
and
(B) if there is a further appeal, until the final determination of
that further appeal; and
(b) the employer shall, before the end of the period described in subclause (a)(i)
or (ii) and throughout the period ending on the last day of the exemption
period stated in the decision, disclose on the required material safety data
sheet or label:
(i) a statement that an exemption has been granted;
(ii) the date of the decision granting the exemption; and
(iii) the registry number assigned to the claim pursuant to the
Hazardous Materials Information Review Act (Canada).

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