Use chemicals in your workplace? Get prepared for MLITSD inspections

Occupational disease is quietly claiming more lives than any other workplace hazard in Ontario.

Despite its low visibility, it accounted for nearly 70% of all approved WSIB fatality claims between 2020 and 2024. Often triggered by exposure to hazardous chemicals, these illnesses are of growing concern.

Two Ministry of Labour, Immigration, Training, and Skills Development (MLITSD) inspection campaigns are underway. Running until March 31, 2026, MLITSD hygienists will be visiting workplaces of all sectors where workers may be exposed in the course of their work to a hazardous product.

“It would be difficult to find a workplace in Ontario that doesn’t have at least one chemical onsite,” says Tova Larson, health and safety consultant with WSPS. From cleaning agents to pest control products, hazardous materials are probably being used. “They are everywhere, and they need to be handled safely.”

What will inspectors look for?

MLITSD inspections will focus on ensuring compliance with Ontario Regulation 833: Control of Exposure to Biological or Chemical Agents and Ontario Regulation 860: Workplace Hazardous Materials Information System under the Occupational Health and Safety Act.

Ontario Regulation 833: Control of exposure to biological or chemical agents

Under Regulation 833, every employer must take all measures reasonably necessary to protect workers from exposure to hazardous biological or chemical agents. Employers must control exposure to hazardous chemicals to ensure the occupational exposure limits (OELs) are not exceeded. “Regulation 833 contains approximately 725 Ontario-specific OELs to which employers must adhere,” says Tova.

Do not wait for an inspector to arrive before addressing worker exposure. If you cannot provide adequate evidence that exposure levels are below the legislated OELs, the inspector could order you to conduct occupational hygiene air sampling at the company’s expense to confirm that OELs are being met.

Ontario Regulation 860: Workplace hazardous materials information system

When it comes to Regulation 860, employers must ensure the safe handling, storage, and use of hazardous products in the workplace, and that containers entering the workplace have a label and are accompanied by a Safety Data Sheet (SDS). 

“We are in the middle of transitioning WHMIS to align with the seventh edition of the Globally Harmonized System (GHS),” says Tova. Amendments include new categories and information elements on SDSs. “So, when a chemical product comes into your workplace with a new WHMIS label, you must obtain the updated safety data sheet.”

Suppliers must revise the label and SDS when significant changes are made to a product and provide the updated SDS to employers when the product is shipped. However, it is up to employers to ensure that all existing products have the updated label on the container and that they obtain the updated SDS. Once you have updated WHMIS labels and SDSs, you’ll need to update training. The goal is to ensure workers know how to handle hazardous chemicals safely.