{"id":735085,"date":"2021-03-30T07:00:27","date_gmt":"2021-03-30T11:00:27","guid":{"rendered":"https:\/\/www.thecompliancecenter.com\/ca\/?p=735085"},"modified":"2025-09-08T01:54:06","modified_gmt":"2025-09-08T05:54:06","slug":"health-canada-studies-consumer-product-exclusion-under-whmis","status":"publish","type":"post","link":"https:\/\/www.thecompliancecenter.com\/ca\/help-center\/articles\/health-canada-studies-consumer-product-exclusion-under-whmis\/","title":{"rendered":"Health Canada Studies Consumer Product Exclusion Under WHMIS"},"content":{"rendered":"

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So, perhaps you get to work today and discover your office door is creaking. A hinge has gotten a bit rusted or bent. You decide to pick up some spray lubricant next time you\u2019re in the hardware store to reduce the squeak.<\/span><\/p>\n

But wait! These products are compressed gases (aerosols). They may also be flammable and even aspiration hazards. This would mean they\u2019re regulated under Canada\u2019s WHMIS (Workplace Hazardous Materials Information System)<\/a><\/span>. So, would using them in the workplace mean that you\u2019ll need a <\/span>Safety Data Sheet (SDS)<\/span><\/a>? And what about labeling? Consumer products are regulated under the “Consumer Chemicals and Containers Regulations” (CCCR 2001)<\/a><\/span>, and their labels are different from those required by WHMIS. Not to mention training \u2013 will you need WHMIS training in order to use this product?<\/span><\/p>\n

It turns out that the use of consumer-labeled products in the workplace was anticipated as a common occurrence by Health Canada. They also made a reasonable assumption \u2013 if these products are safe to use in the home with CCCR labels (but no SDSs), then it\u2019s unlikely that they\u2019d be less safe when used in the workplace. Therefore, they created an \u201cexclusion\u201d or exemption for products classified as hazardous consumer products and labeled under CCCR. This can be found in the <\/span>Hazardous Products Act<\/span><\/i>(HPA), which normally bans the importation into Canada or sale to Canadian workplaces of hazardous products as defined under WHMIS.<\/span><\/p>\n

As Health Canada explains<\/span>,<\/span><\/p>\n

\u201cAs specified in section 12 and Schedule 1 of the HPA, the HPA does not apply to the sale or importation of certain categories of products. These excluded products include consumer products, cosmetics, drugs, explosives, food, medical devices, pest control products, nuclear substances, hazardous waste, manufactured articles, tobacco and tobacco products, and wood and products made from wood. The HPA does not apply to these products (i.e., labeling and SDS requirements) even if they are intended to be used, handled, or stored in Canadian workplaces.\u201d<\/span><\/em><\/p>\n

So, a product labeled for consumer sale can legally be purchased and used in Canadian workplaces without having its labels replaced with WHMIS ones and without a mandatory SDS. Note, however, that this exclusion does not exempt the employer from any necessary training regarding this product, since training is not mandated by the HPA, but by the various federal, provincial, and territorial regulations on hazardous products in the workplace, such as Ontario\u2019s R.R.O. 1990, “Reg. 860: Workplace Hazardous Materials Information System (WHMIS)<\/a><\/span>.\u201d<\/span><\/p>\n

The consumer product exclusion has been around since WHMIS was first implemented back in the late 1980s. However, Health Canada has recently started to take a new look at it. Does it provide adequate protection for workers? Should consumer products be banned from the workplace, or can they co-exist with WHMIS-labeled ones?<\/span><\/p>\n

To answer these questions, Health Canada has created a survey<\/span>\u00a0(open until March 31, 2021), to collect stakeholder views on using, handling, and storing consumer products in the workplace. This will, it is believed, \u201cprovide Health Canada with the comprehensive information needed to consider the most effective approach in addressing the consumer product exclusion under the HPA.\u201d If consumer products have an impact in your workplace, consider taking part.<\/span><\/p>\n

Health Canada is looking at a lot of different options (beyond, of course, that of leaving things as they are):<\/span><\/p>\n