Workplace Hazardous Materials Information System - Legislative Framework

Legislative Framework

The federal Hazardous Products Act and associated Controlled Products Regulations, administered by the National Office of WHMIS residing in the federal Department of Health Canada, established the national standard for chemical classification and hazard communication in Canada and is the foundation for the workers' "right-to-know" legislation enacted in each of Canada's provinces and territories.

Under the Constitution of Canada, labour legislation falls primarily under the jurisdiction of Canada's provinces and territories. The Labour Program, of the federal government Department of Human Resources and Skills Development Canada, is the occupational health and safety (OHS) regulatory authority for the approximately 10% of workplaces designated to be under federal jurisdiction. As such, each of the thirteen federal, provincial and territorial (FPT) agencies responsible for OHS has established employer WHMIS requirements within their respective jurisdiction. These requirements place an onus on employers to ensure that controlled products used, stored or handled in the workplace are properly labelled, that material safety data sheets are made available to workers, and that workers receive education and site-specific training to ensure the safe storage, handling and use of controlled products in the workplace.

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