No products in the cart.
Does WHMIS Apply to Consumer Products? The Exemption Explained
The Windex under the office sink, the Lysol wipes in the daycare. Exempt from WHMIS labels and SDSs, yes. Exempt from your training duties, no. Here is the exact law.
Quick answer
No and yes. Consumer products, the ones you buy at a retail store for household use, are exempt from WHMIS supplier labels and Safety Data Sheets across Canada. But the exemption stops there. In Ontario, Regulation 860 lifts only the label and SDS sections; the worker education and instruction sections still stand, and the OHSA requires employers to instruct and train workers exposed to hazardous materials, with fines up to $500,000 for individuals and $2,000,000 for corporations.
What counts as a consumer product
Walk through any workplace in Canada, and you will find them: glass cleaner from the grocery store, dish soap by the breakroom sink, a tub of disinfecting wipes from Costco. In my inspection years, the question came up in almost every small business: do these need WHMIS labels and those 16-section Safety Data Sheets?
The law draws the line with a definition. Under section 2 of the federal Canada Consumer Product Safety Act, a consumer product is "a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging."
Plain version: if an ordinary person could reasonably buy it for home use, it is a consumer product, packaging included. The bottle of oven cleaner at the hardware store qualifies. The 20-litre drum of industrial degreaser sold only through a commercial supplier does not.
So the store-bought bottle is a consumer product. What exactly does that exempt it from? The answer is written into the WHMIS regulations of every province, and the wording is more precise than most managers realize. Watch closely which sections get named, because that precision is about to matter a great deal.
The exemption: what the law actually says
Every Canadian jurisdiction carves consumer products out of the supplier label and SDS rules. Here is Ontario's version, and notice exactly which sections it lifts:
"Section 8 (supplier labels), section 14 (laboratory samples) and sections 17 and 18 (safety data sheets) do not apply with respect to ... (e) a consumer product within the meaning of section 2 of the Canada Consumer Product Safety Act (Canada)."
R.R.O. 1990, Reg. 860 (WHMIS), s. 4(2)(e)Government of Ontario
British Columbia says the same thing in section 5.3(2)(e) of the WorkSafeBC OHS Regulation: the provisions concerning a supplier label and SDS do not apply if the hazardous product is a consumer product as defined in section 2 of the CCPSA. Alberta mirrors it in section 395(5)(e) of its OHS Code, Manitoba in section 35.1(3)(e), PEI in section 2(2)(e), and Yukon in section 2(2)(e) of their WHMIS regulations. Health Canada's supplier guidance confirms the same exclusion at the federal level.
So the supplier who sells that bottle of retail glass cleaner owes your workplace no WHMIS label and no SDS. Case closed? Not even close. Read Ontario's exemption again. It lifts sections 8, 14, 17, and 18. Reg 860 has a lot more sections than that, and two of the ones left standing are aimed directly at you, the employer. This is the part that catches workplaces off guard, and it is where the fines live.
The catch: what the exemption does NOT cover
The consumer product exemption removes supplier paperwork. It does not appear anywhere near the sections that create an employer's education and instruction duties, and those duties are extensive.
Ontario's Reg 860 keeps both worker education sections fully in force. Section 6 requires an employer to ensure that a worker who works with, or may be exposed to, a hazardous product is informed about all hazard information the employer receives or ought to be aware of. Section 7 goes further, requiring instruction on label contents, SDS contents, and "procedures for the safe use, storage, handling and disposal of a hazardous product," plus emergency procedures. It requires the program actually to work: the employer must ensure, so far as is reasonably practicable, that workers "are able to use the information to protect their health and safety."
Above the regulation sits the OHSA itself:
"In addition to providing information and instruction to a worker as required by clause 25 (2) (a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed."
Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 42(1)Government of Ontario
Section 42 also requires that training be developed in consultation with the JHSC or safety rep, and reviewed at least annually, or more often if circumstances change. Section 25(2)(a) adds the general duty to "provide information, instruction and supervision to a worker to protect the health or safety of the worker." And section 37(3) states that an employer shall ensure a hazardous material is not used, handled, or stored at a workplace unless the prescribed requirements concerning identification, safety data sheets, and worker instruction and training are met.
What happens if an employer ignores all that? Under OHSA s. 66(1), contravening the Act or regulations carries a fine of up to $500,000 for an individual, up to 12 months in prison, or both. For a corporation under s. 66(2), the maximum is $2,000,000. Inspectors can also issue administrative penalties directly under s. 69.1. The supplier got the exemption. The employer got the liability.
And consumer products are only one entry on a much longer list. Some products are exempt because another law already covers them, some are exempt entirely, and one category is exempt only up to a very specific number of kilograms. Which of these is sitting in your workplace right now?
The full list of WHMIS exclusions
Using BC's OHS Regulation section 5.3 as the cleanest single list, here is everything that shares shelf space with consumer products in the exemption rules:
| Product | Exemption status | Why |
|---|---|---|
| Consumer products | Exempt from supplier labels and SDSs (s. 5.3(2)(e)) | Regulated under the Canada Consumer Product Safety Act |
| Explosives | Exempt from supplier labels and SDSs (s. 5.3(2)(a)) | Covered by the Explosives Act (Canada) |
| Drugs, food, cosmetics | Exempt from supplier labels and SDSs (s. 5.3(2)(b)) | Covered by the Food and Drugs Act (Canada) |
| Pest control products | Exempt from supplier labels and SDSs (s. 5.3(2)(c)) | Covered by the Pest Control Products Act (Canada) |
| Radioactive nuclear substances | Exempt from supplier labels and SDSs (s. 5.3(2)(d)) | Covered by the Nuclear Safety and Control Act (Canada) |
| Wood and wood products | Fully exempt (s. 5.3(3)(a)) | Excluded outright |
| Tobacco and tobacco products | Fully exempt (s. 5.3(3)(b)) | Covered by the Tobacco Act (Canada) |
| Manufactured articles | Fully exempt (s. 5.3(3)(c)) | Hazard is in the making, not the finished article |
| Goods in transport | Exempt while in transit (s. 5.3(3)(d)) | Covered by the Transportation of Dangerous Goods Act |
| Hazardous waste | Partially exempt (s. 5.3(4)) | Employer must still ensure safe storage and handling through worker training and required information |
| Laboratory samples | Partially exempt, under 10 kg only | Manitoba Reg 217/2006 s. 35.9(1): supply house origin, lab use only, alternate labelling required |
Notice the pattern: nearly every exemption exists because another Canadian law already regulates the product. WHMIS does not leave gaps; it avoids double coverage. And notice the hazardous waste row, which repeats our theme in miniature: even where the paperwork is exempt, worker training is written back in by name. Now let's zoom into the numbers, because the thresholds in these rules are exact, and one of them is measured in millilitres.
Exemptions by the numbers
| The number | What the law says |
|---|---|
| Under 10 kg | A laboratory sample from a supply house is exempt from full supplier labelling only in containers of less than 10 kg, for lab use only, with alternate labelling (Manitoba Reg 217/2006, s. 35.9(1)) |
| 3 ml or less | Containers this small are exempt from label attachment rules where the label interferes with normal use, but the omitted hazard statements must still appear in the SDS (Health Canada supplier guidance, s. 5.4(2)) |
| 1.0 ml / 1.0 g | Radioactive nuclide mixtures are exempt only when the non-radioactive carrier is at or below 1.0 ml for liquids and gases, or 1.0 g for solids (Health Canada supplier guidance, s. 5.1(1)) |
| 6 years | Suppliers must keep copies of labels and SDSs for 6 years after the end of the year they relate to (Health Canada supplier guidance) |
| 90 days | Suppliers must update an SDS within 90 days of becoming aware of significant new hazard data (CCOHS SDS guidance) |
| Dec 1, 2018 | The date Manitoba employers had to fully phase out WHMIS 1988 labels and MSDSs and comply with WHMIS 2015 (Manitoba Reg 217/2006, Supplement to Part 35) |
Thresholds, sections, statutes. But you do not run a statute; you run a workplace. So what does the consumer exemption actually look like on a Tuesday in an office, a restaurant kitchen, and a daycare? Three different rooms, one identical mistake, and it is the same mistake in all three.
The office, the kitchen, and the daycare
The office or retail store
The cleaning caddy holds retail glass cleaner and disinfecting wipes. As consumer products, they arrive with no WHMIS supplier label and no SDS, legally. The mistake is assuming that ends the conversation. If workers use hazardous products on the job, Ontario's OHSA s. 25(2)(a) duty to provide information and instruction does not switch off because the bottle came from a grocery store. The fix costs an hour: show staff the household warning symbols, safe use, and what to do if something splashes.
The restaurant kitchen
Kitchens mix both worlds: a retail bottle of dish soap beside a commercial-grade degreaser from a restaurant supplier. The degreaser gets the full WHMIS treatment: supplier label, SDS on file, trained staff. The consumer bottle skips the paperwork, but under Reg 860 s. 7, the instruction duty covers procedures for safe use, storage, handling, and disposal of hazardous products your workers are exposed to. Practical rule I gave every kitchen I inspected: train to the hazard, not to the store it came from.
The daycare or school
Sanitizing sprays and bleach bought retail are consumer products, exempt from supplier rules. But this is the setting where the still-standing duties matter most: dilution, ventilation, and storage away from children are exactly the "safe use, storage, handling and disposal" procedures s. 7 requires instruction on. A daycare that trains staff on its store-bought sanitizers is not being extra cautious. It is meeting the sections the exemption never touched.
One theme ran through all three rooms: the exemption spares the supplier, never the training. And WHMIS training is the cheapest line item in this entire article, far cheaper than the s. 66 fines it protects you from.
The exemption covers the bottle. Training covers you.
Canadian Standards-Compliant WHMIS training for $12.95. Register in 30 seconds, finish in about an hour, print your certificate the same day.
Register Now4.8 / 5 from 1,711 verified reviews · Over 200,000 Canadians trained
Certifying a whole team? Use group and bulk registration to train everyone at once, and see how the annual training review works in our guide to the 3 worker rights under WHMIS.
Frequently asked questions
Does WHMIS apply to household cleaning products at work?
The supplier rules do not: retail cleaning products are exempt from WHMIS supplier labels and SDSs in every province. But Ontario's worker education and instruction sections, Reg 860 ss. 6 and 7, are not lifted by the exemption, and OHSA s. 25(2)(a) still requires information and instruction to protect workers.
Do consumer products need a Safety Data Sheet?
No, not from the supplier. Consumer products are explicitly exempt from supplier SDS requirements under Reg 860 s. 4(2)(e) in Ontario and matching provisions across Canada. Some suppliers still prepare SDSs voluntarily as a service, and many workplaces keep them on file as a best practice.
Do staff still need WHMIS training if we only use store-bought products?
The exemption never touches the training sections. If workers are exposed to hazardous materials, OHSA s. 42 requires prescribed instruction and training, developed with your JHSC and reviewed at least annually. Training to the hazard, whatever store it came from, is what keeps you inside the Act.
What is the difference between a consumer product label and a WHMIS supplier label?
A WHMIS supplier label follows the Hazardous Products Regulations: standardized pictograms, hazard statements, and precautionary statements tied to a 16-section SDS. A consumer product carries the labelling required under consumer legislation instead, which is why the workplace system does not demand a second, duplicate label.
Can an employer be fined even when the products are consumer-exempt?
Yes. The exemption only removes supplier label and SDS sections. Failing the training and instruction duties that remain is a contravention of the Act, and OHSA s. 66 sets fines up to $500,000 or 12 months imprisonment for individuals and up to $2,000,000 for corporations, plus administrative penalties under s. 69.1.
Test your knowledge: the 10-question exemption quiz
Statutes, sections, and thresholds. Think you can separate the law from the internet myths? Tap each question to reveal the answer.
1. The consumer product exemption points to the definition in which federal Act?
The Canada Consumer Product Safety Act, section 2. Every provincial WHMIS regulation borrows that definition for the exemption.
2. True or false: wood and products made of wood are exempt from WHMIS.
True. WorkSafeBC OHS Regulation s. 5.3(3)(a) excludes wood or a product made of wood outright.
3. Which GHS hazard group has NOT been adopted into Canada's WHMIS rules?
Environmental hazards. Per CCOHS, the GHS environmental hazard classes were not adopted in the Hazardous Products Regulations because WHMIS covers workplace hazards, and environmental hazards are not considered workplace hazards.
4. True or false: an employer may store a hazardous product while actively seeking the required safety information.
True. WorkSafeBC OHS Regulation s. 5.4(2) permits storing a hazardous product in a workplace while actively seeking the required information. Storage, not use.
5. A laboratory supply house sample is label-exempt below what container size?
Less than 10 kg, and only when it originates from a lab supply house, is intended solely for lab use, and carries the alternate labelling (Manitoba Reg 217/2006, s. 35.9(1)).
6. True or false: a 3 ml container is exempt from providing safety information anywhere at all.
False. The 3 ml exemption is limited to the label where it interferes with normal use. The omitted hazard and precautionary statements must still be provided on the SDS.
7. How long must suppliers keep copies of labels and SDSs?
6 years after the end of the year they relate to, per Health Canada's supplier guidance.
8. True or false: a product classified as an Aerosol must also be classified as a Flammable Gas.
False. Per CCOHS guidance on the classification rules, a product classified as an Aerosol need not also be classified as a Flammable Gas.
9. How fast must a supplier update an SDS after learning significant new hazard data?
Within 90 days of becoming aware of the new information, per CCOHS SDS guidance.
10. True or false: WHMIS labels and SDSs must be available in both English and French.
True. Per CCOHS guidance on the federal requirements, the information elements on an SDS and label must be in both official languages of Canada.
Sources: Canada Consumer Product Safety Act (justice.gc.ca), R.R.O. 1990, Reg. 860: WHMIS (ontario.ca), and Occupational Health and Safety Act (ontario.ca). New to the system? Start with our Complete Guide to WHMIS in Canada or decode every symbol in WHMIS pictograms explained.