WHMIS Enforcement

To enforce the provincial WHMIS legislation, inspectors will primarily be checking that controlled products are properly labelled or identified, that material safety data sheets are present in the workplace, and that worker education programs have been carried out. Inspectors will monitor compliance with WHMIS during the course of their regular workplace health and safety inspections, or during the investigation of related complaints, accidents or work refusals.

Where non-compliance is found, the inspector will enforce the WHMIS legislation by issuing an order to correct the violation within a specified time period. This is no different than the way in which all other occupational health and safety legislation has been enforced to date.

Ontario's WHMIS legislation gives the inspector one new power, and that is the power to stop the use of a particular controlled product.

For a violation of the WHMIS provisions in either the Occupational Health and Safety Act or Ontario's WHMIS Regulation, the penalties on summary conviction are the same as the penalties for any other violation of the Act or its regulations, namely, a fine of up to $25,000 and/or a term of up to 12 months in jail.