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Thursday, September 30, 2010

Condensed SOCI 2450 Notes (Criminology)

Normally I post each lecture separately but I found it easier to condense the notes and arrange the similar topics together. Below are the complete but condensed version of the notes from SOCI2450 – Criminology, with Darryl Davies. The class was from September 2010 to December 2010.

Though I am not posting the notes I took from the guest lectures, over the first 2 months we met Williams (Bill) Mullins-Johnson, Paul Kennedy (the chair of public complaints against the RCMP), Alain Olivier, Larry Comeau (retired RCMP officer), and two previous students (lawyer and police officer, Chris and Nick). We watched documentaries on Robert Dziekanski, Beyond Justice (CTV), Mayerthorpe, and Alain Olivier (Mistaken Identity – Operation Deception).

1. Sociological Perspectives of Crime

1.1. Social Structure Perspective

Social Structure Perspective: where crime is a result of an individual’s location within the structure of society (a focus on group). This approach focuses on the social and economic conditions of life. This includes relative deprivation; differential opportunity; discrimination; social disorganization; personal frustration; alternative means to success and sub-cultural values that conflict with conventional values.

There are 3 social structure theories (ESC):

  1. Ecological Perspective (Chicago School): this theory encompasses the geographic, demographic locations, delinquency areas, and concentric circles
    1. Criminal Zones: there is more crime in the core of the city
      • Zone 1: businesses
      • Zone 2: residential and businesses
      • Zone 3: working-class homes
      • Zone 4: middle-class citizens (suburbs)
      • Zone 5: mostly suburbs
    2. Criminology of Place: emphasizes the importance of geographic location and architectural features as they are associated with crime.
    3. Broken Windows Theory: people will be more likely to commit crimes in neighbourhoods where laws are not heavily enforced.
    4. Defenceable Space: where you take proactive actions in your neighbourhood to defend your neighbourhood – symbolic barriers to protect your property (e.g., fences, guard dogs) – i.e. making your property safe.
  2. Strain Theory: where society encourages everyone to achieve the same goals without giving them equal opportunities to achieve them. The discrepancy between what society asks for and what the structure of our society permits is what causes crime. There are 5 ways of adapting to strain (CIRRR):
    Adaptation Means (Opportunity) Goals Example
    Conformist Accept Accept Regular people (middle-high class society)
    Innovator Reject Accept Criminals
    Ritualist Accept Reject Low-income families
    Retreatist Reject Reject Drug addicts
    Rebel Accepts new, rejects old Accepts new, rejects old Anarchists
    • Merton’s Differential Opportunity: where people are more likely to engage in criminal behaviour only if they have access to illegitimate opportunities, versus legitimate opportunities
  3. Culture-Conflict Theory (Sellin): there are two types of conflicts
    • Primary Conflict: a clash of cultures occurs in society.
    • Secondary Conflict: when those clashes occur, the middle class defines what is and is not criminal.

1.2. Social Process Perspective

Social Processes Perspective: an ‘interactionist perspective’ (i.e., interactions with others) that places primary emphasis on the role of communication and socialization.

There are 4 theories. Social learning, labelling, social control, and social development theory.

  1. Social Learning Theory:
    1. Differential Association (Sutherland): people are likely to become deviant if they associate more with people who hold deviant ideas. There are 9 principles of criminal behaviour: it’s learned; it’s learned with others; it’s learned in intimate personal groups; techniques of crime are learned; you will commit a code based on whether you respect the legal code; and the process of learning  by associating with criminals is the same as any other learning.
      • A person becomes criminal because of an excess of definitions that are favourable to violations of the law over definitions unfavourable to the law.
      • Differential association may vary in frequency, duration, priority, and intensity.
      • While criminal behaviour is an expression of generic needs and values, it’s not explained by these since non-criminals behaviour is also an expression of those same needs and values.
    2. Techniques of Neutralization: techniques that rationalize why you commit crimes. (AC-3D)
      • Appeal to Higher Authorities: defending ourselves against an overzealous state (or defending you family honour)
      • Condemning the Condemners: blaming the people creating the laws
      • Denial of Responsibility: using poverty, abuse, lack of opportunity (external factors) as reasons
      • Denial of Injury: claiming they didn’t intend to cause harm
      • Denial of the Victim: claiming that the person deserved it
  2. Labelling Theory:
    1. Tannenbaum: two facets
      1. Tagging: powerful people can apply delinquent labels to less powerful people
      2. Dramatization of Evil: where a person is seen as irrevocably evil (!)
    2. Becker: powerful people are more likely to apply delinquent labels to less powerful people and being labelled as such provokes people to live up to the label
      • Deviant: the person to which a deviant label has been applied.
      • Existence: deviance is not a quality that lies in behaviour itself but in the interaction between the person who commits the act and those who respond to it (deviant behaviour is only deviant because it is so labelled).
        • Once a rule is created, someone will eventually break it.
      • Creation: deviance is created by social groups that create rules and infractions that classify certain behaviours as deviant.
      • Consequence: deviance is a consequence of the application of rules and sanctions on offenders.
    3. Lemert: the process of becoming deviant has 8 steps from primary to secondary deviance.
      • Primary Deviance: 1st time deviant act – only outsiders view it as deviant.
      • Secondary Deviance: fully-fledged career; you and outsiders view it as deviant.
      • Process from Primary to Secondary Deviance:
        • Primary deviation (primary deviance).
        • Social penalties.
        • Further primary deviation.
        • Stronger penalties and rejection.
        • Further deviation with hostility and resentment.
        • Stigmatized: deviant is labelled as deviant (you hit the tolerance quotient).
        • Your behaviour is strengthened.
        • Acceptance (secondary deviance).
          If you move into a deviant group, you rationalize your behaviour and you continue your behaviour because you fit into the group.
    4. Braithwaite: where people are more likely to become delinquent if  they are not made to feel ashamed and feel part of society.
      1. Disintegrative Shaming: they are shamed and stigmatized by society which destroys the bond between offender and society.
      2. Reintegrate Shaming: healing circles do shame them but also help reintegrate them back into society (i.e., strengthens the bond between the offender and the community).
  3. Social Control Theory: a lack of social control causes deviance
    1. Containment Theory: there are two types – (internal) some people can internally contain their desires (i.e., conscience); (external) some people need external help – the justice system acts as a deterrent.
    2. Hirshi’s Social Bond, Self-Control and Control Balance Theory: where people are likely to become delinquent if their bond to society and self-control are weak or if they have a control surplus or deficit.
      There are 4 basic attachment values (BAIC): weak in…
      • Belief in moral values of community (e.g., society agrees on law).
      • Attachment to convention (e.g., attachment to people and institutions, it’s a part of how you define yourself).
      • Involvement in conventional activities (e.g., in prison, we keep offenders busy to prevent riots).
      • Commitment to conformity (e.g., out of fear, people don’t break the law).
  4. Social Development Theory:
    • Life-Course Theories: explanations for criminality that recognizes criminogenic influences as having the greatest impact during the early stages of childhood.
      • Development of offending and antisocial behaviour
        • Onset (at what age?)
        • Persistence (how long does it persist?)
        • Desistence (when do we stop?)
      • Risk and Protective factors at different ages
        • Individual risk factors (e.g., IQ, empathy, impulsivity, familial)
        • Protective risk factors
      • Effects of life events on the course of development (e.g., divorce)

1.3. Social Conflict Perspective

There are five fundamental assumptions within the social conflict perspective:

  1. Society is divided by conflict rather than integration and consensus
  2. Society is made up of groups based on political and economic power
  3. Differences in social class and in particular those arrangements within society that maintain class differences are the focus of criminological study
  4. Powerful groups make laws that protect and reflect their interest
  5. Crime is an outcome of conflict between those who have, and those who have not

Social Conflict Perspective: where conflict is a fundamental aspect of life and can never fully be restored. There are 6 major fields of social conflict criminology, radical, critical, feminist, peace-making, restorative, and retributive.

  1. Radical Criminology (Marxist - proactive): there are two fundamental social classes (the haves and the have not’s); the justice system is setup in such a way that supports the ruling class. (Read over the section that deals with Quinny)
  2. Critical Criminology (reactive): emphasizes challenging existing understandings of crimes and uncovering false beliefs.
  3. Feminist: women have been ignored within the field of criminology; this theory emphasizes the recognition of gender equality.
    • Gender is not a natural fact but derived from biological sex differences.
    • Systems of knowledge reflect men’s views of the natural and social world.
    • Women should be at the centre, not at the periphery, of intellectual inquiry.
  4. Peace-making Criminology: holds that crime control agencies and the citizens they serve should work together to alleviate social problems and human suffering; there are five issues:
    • The perpetuation of violence through the continuation of social polices based on dominant forms of criminological theories.
    • Role of education and peace-making.
    • Common sense theories of crime.
    • Crime control as human rights enforcement.
    • Conflict resolution within a community setting.
  5. Restorative Justice: stresses remedies and restoration rather than punishment.
  6. Retributive Justice: stresses punishment.

The following table outlines the differences between restorative and retributive justice.

  Retributive Restorative
Crime An act against the State An act against an individual
Offender An individual act with individual responsibility who will be punished in order to deter and prevent future crimes (their punishment depends on past behaviour) An individual act with social dimensions who must assume responsibility and take action to repair harm in order to reconcile both parties (their reparation depends on the harmful consequences)
Victim A periphery entity Central to resolving the crime
Community A periphery entity and represented by the State Controls and facilitates the process
Emphasis Adversarial relationships Restoration

2. Foundations of Crime

Classical School of Criminology: (reactive) this approach assumes that people have free will, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly. Jeremy Bentham and Cesare Beccaria were the major players.

There are 11 main points (PRESS-PINKRR):

  1. *Proportionate: punishments must be proportionate to the crime committed and go no further than what’s necessary to deter the offender from injuring fellow citizens.
  2. *Rational: criminal must be treated as a rational and responsible human being.
  3. Exemplary: exemplary penalties are unjust.
  4. *Speed and Certainty: punishments must be inflicted with speed and certainty.
  5. Social Contract: law should be a form of written social contract between you and your justice system.
  6. Prevention: crime prevention can be achieved with clear definitions and the penalties.
  7. Infringe: punishment is justified only insofar as it infringers the rights of others.
  8. Nature of Penalty: the nature of the penalty should correspond to the nature of the crime.
  9. Knowledge: the law should give clear and precise information of what was forbidden and the penalties attached to the forbidden act.
  10. Restrict: the law should restrict an offender as little as possible.
  11. Rights: the law should guarantee the rights of the offender during every step of the justice process.

Becarria has 11 principles:

  1. Law:
    • Should be used to maintain the social contract.
    • Only legislators should create law.
  2. Judges:
    • Should impose punishment in accordance with the law.
    • Should not interpret the law.
  3. Punishment should be:
    • Based on the pleasure-pain principles.
    • Based on the crime, not the offender.
    • Determined by the crime.
    • Prompt and effective.
  4. Capital punishment should be abolished.
  5. The use of torture to gain confessions should be abolished.
  6. All people should be treated equally.

Positive School of Criminology: (proactive) this approach examines the psychology of criminal behaviour in order to determine how to deter the crimes. Lombroso, Enrico Ferri, and Raphael Garaphelo were the major players.

The following table summarizes the 7 main differences between the classical and positive schools of criminology.

  Classical Positive
Focus Offence (Justice) Offender (Men)
Offender’s responsibility Offender has free will and therefore is responsible and rational Offender is influenced by their constitution and environment
Punishment Strictly related to the crime Strictly related to the offender
Sentence Proportionate to the crime A deterrent to future crimes
Adaptation of penalty to offender’s personality Against For
Reform Against For

3. Criminal Law

Criminology is the development of the body of knowledge of general and verified principles regarding the process of law, crime, and reactions to crime:

  1. The Making of Law: (sociology of law) a systematic analysis of how crime develops.
  2. The Breaking of Law: (criminal pathology) a scientific analysis of crime.
  3. The Reaction to the Breaking: (penology) a scientific study of the punishment of crime.

In effect, criminal law is a body of specific rules (laws) regarding human conduct which are promulgated by authority (i.e., government) which apply uniformly to all citizens. These rules are enforced through punishment administered by the police, courts and prisons.
Related: criminal behaviour is the violation of criminal law, regardless of immorality or indecency.

There are 4 theoretical origins of the criminal law (CRCG):

  1. Classical Theory: where crimes were against people (not the state) so their process involved 5 transitions (steps) to ensure that the wrong was righted (I-CLIC):
    1. Intent: a requirement that the wronged intends to seek vengeance.
    2. Consent: a requirement that the wronged secures the consent of the social group before seeking vengeance.
    3. Limitation of Harm: the wronged can only apply a limited amount of injury to the wrongdoer.
    4. Investigation: the public investigates the merits of the case to ensure all of the above steps were followed correctly.
    5. Community Help: the social group may help the wronged get vengeance on the wrongdoer.
  2. Rational Choice Theory: where criminality is a result of conscious choice – people choose to commit crimes when weighing the benefits and costs of disobeying the law. There are two subtypes:
    1. Routine Activity: a person’s lifestyle contributes heavily to the volume and type of crime found in any society.
    2. Situational Choice: criminal behaviour is a result of decisions and choices made within situational constraints and opportunities.
  3. Crystallization of Mores: where over time, customs and traditions were created that took on the traditions of crimes – criminal law is believed to have originated in and is a crystallization of the Mores (social norms).
  4. Group Theory: where criminal law is believed to have originated in the interests of different groups.

There are 4 characteristics of criminal law (PUPS):

  1. Political: politicians decide what laws will pass; only violations of state-made rules are crimes (violations).
  2. Uniformity: the rule of law is applied evenly to all citizens.
  3. Penal Sanction: for each rule of law, there is a punishment.
  4. Specificity of Deterrence: for each rule of law, the punishment is specific.
    • Crimes are acts against the state, whereas
    • Torts are actions against individuals, which is processed in civil court.

There are 4 sources of criminal law (CPSS):

  1. Common Law: a judge’s decision in a court case becomes common law.
  2. Procedural Law: provides a mechanism (rules and courts) for enforcing the rights and duties of those that are subject to statutory law. This is the process by which everyone has to follow.
  3. Statutory Law: the written law passed by the legislature (e.g., statutes, Acts, codes).
  4. Substantive Law: (similar to statutory) defines the rights and duties that exist that we expect everyone else to respect. A breach of these rights provides a basis for a lawsuit or criminal action.

There are 6 principles of law (MA-CLIP):

  1. Mens rea: criminal intent must be present.
  2. Actus rea: commission of the guilty act.
  3. Consequences: external consequences must be present before an act can be defined criminal. An injured mental or emotional state is not enough – it has to have a harmful impact on social interests.
  4. Legally Forbidden: the harm must be legally forbidden and prescribed in criminal law.
  5. Intent or Recklessness: the act that creates the harm must be intentional or out of recklessness.
  6. Punishment: there must be a legally prescribed punishment.

4. Policies on Crime

4.1. Policy-Makers

There are 3 entities (3P) that play a role in creating the criminal policies in Canada:

  1. Politicians: elected officials who have the ultimate authority over policies in Canada.
  2. Professionals: anyone that’s involved in the operation and evaluation of the justice system and law enforcement. There are two types:
    • People with Operational Responsibilities such as ministerial officials, police chiefs, crown attorneys, judges, defence counsel, correctional authorities, and probation officers.
    • People involved in Planning and Research, such as members of policy and research units in the government, as well as scholars and researchers outside the government.
  3. Public: general public and the media, as well as public opinion polls. There are interest groups as well, such as NGOs.

4.2. Standards of Evidence-Based Policies

There are 3 standards of evidence-based policies that help make them effective (ERR):

  1. Evidence: empirical evidence is required to determine the effectiveness of a policy.
  2. Random Assignment: experimental or quasi-experimental research designs must be randomly assigned to treatment and control groups.
  3. Replication: others must be able to replicate the study.

But there are obstacles. Many policies are never evaluated and some policies have harmful effects.

Examples of Ineffective Policies

These are 4 key principles of the “Get Tough on Crime” policy:

  1. Swift, certain, severe punishments will deter crime.
  2. By getting tough with criminals, we can reduce serious crime.
  3. Police officers with more power and resources will reduce crime.
    • Research is torn on whether more police increases or reduces crime (displacement effect – we want to be careful we’re not moving crime around).
  4. Longer prison terms will reduce crime.

Scared Straight programs introduce children to offenders in prison to scare them into a life of obedience. Research suggested that they are ineffective (and most said that the program made children worse).

The DARE program is ineffective and costs $2 million/year.

When the Cambridge Summerville Youth Project (30s to 45) was evaluated, they found that for the majority of treatment groups, there was no effect. In the ones where there was an effect size, it demonstrated increased rates of recidivism.

4.3. War on Crime

There is no war on crime. The term itself is wrong (HIM):

  • High Expectations: by saying it’s a ‘war on crime’, we set our expectations high (e.g., war on crime, drugs, and prostitution).
  • Incorrect Metaphor: this metaphor is used incorrectly anyways because we’re not fighting a foreign entity – we’re fighting ourselves.
  • Manufactured Crime: the media manufacture news, thus they manufacture crime.

4.4. Political Ideologies

The role of political ideologies in our war on crime: a crime-control ideology is where a group propagates their beliefs (often religious) without basing them on evidence. There are two main groups in Canada:

Conservative Ideology: those who believe in this ideology contend that…

  • Criminals commit crimes because they have low impulse control and a low socio-economic status.
  • Criminals choose to offend and therefore must be punished
  • Long prison sentences and the death penalty are effective deterrents and decrease recidivism

Conservatives tend to emphasize the rules of substantive law (i.e., criminal law), using the Crime-Control Model, where we put a high priority on the effectiveness of crime control (e.g., arrest, charging, prosecutions, imprisonment).

Liberal Ideology: those who believe in this ideology contend that…

  • The social context of the crime is important
  • Criminal behaviour is largely the result of social influences (e.g. low SES, dysfunctional families)
  • Restorative justice is effective (i.e., treat criminals with rehabilitation)

Liberals tend to emphasize the criminal process (i.e., criminal procedure), using the Due-Process Model, where authorities (i.e., juries, judges, officers) have to try people fairly and assume innocence, i.e., we do our best to prevent the accused from moving forward.

Too much emphasis on criminal law can result in an overpowered government whereas too much emphasis on criminal procedure can result in overpowered criminals.

5. Deterrence

There are 6 common goals of sentencing (DDARRS):

  1. Deterrence:
    • Specific Deterrence: reducing the probability that an offender will reoffend in the future.
    • General Deterrence: reducing the probability that other members of society will reoffend in the future.
    • Absolute Deterrence: a particular punishment will deter a particular crime completely.
    • Marginal Deterrence: a particular punishment will reduce a particular crime.
  2. Denounce: to say that we don’t approve of a specific behaviour (e.g., by publishing it in the media).
  3. Assist: to assist the offender with rehabilitation.
    • Planned Interventions: programs that help offenders get back on the right path (e.g., CBT, employment programs, skills training)
  4. Reparations/Restitution: to pay back money or society.
    • Includes remediation programs – also known as reintegrative justice.
  5. Retribution: balancing the harm done by the offender with punishment (the punishment must fit the type and severity of the crime) – also known as the Just Desserts Model.
  6. Separation/Incapacitation: remove the offender from society to protect them and society.

Deterrence: the certainty of detection and conviction is more important. There are 4 major assumptions of deterrence:

  1. Risk: offenders have to believe in the risk of arrest, conviction, and punishment.
  2. Consequences: offenders have to view the consequences as something to be avoided.
  3. Awareness: offenders have to be aware of the consequences.
  4. Rational: offenders must be rational and weigh the costs and benefits of their actions in order to make decisions.

A Police Officers’ Role in Deterrence

Police officers as a deterrent: increasing the number of police officers arguably does not reduce crime in a community. From the perspective of a police officer:

  • Resources (police officers) are spread thin over a large area.
  • A lot of crime is impulsive.
  • Many crimes cannot be suppressed by police presence (e.g., rape).

For non-impulsive crimes that could be controlled by police, the target audience would need to perceive the threat of arrest, calculate the risk of arrest, understand that the consequences will be unpleasant, and make a rational decision not to commit a crime. This is unlikely.

Though problem-oriented policing can be effective. This is where police officers target hotspots in the community (a large percentage of 911 calls are made from the same individuals). This involves:

  • Careful planning, scanning, analysis, response, and assessment.
  • Partnerships with other government agencies and private groups.
  • Targeting individuals with restraining orders against them and using legal actions against community nuisances.
  • Independent and rigorous evaluation.

There are four reasons why we should be sceptical about deterrence policies (PLEC):

  1. Psychology: we know little about the processes and perceptions of how risks are formed.
  2. Long-Term Effects: we know little of the long-term effects of crime policies related to deterrence.
  3. Effective Implementation: the impact of particular policies depend on how well they are implemented.
  4. Consistent Implementation: laws and policies are not always implemented as intended.

Against the Death Penalty

There are 5 reasons against the death penalty (ABCD-W):

  1. Attorneys: especially in the US, attorneys aren’t paid well and can’t (or won’t) defend their clients.
  2. Bias: death penalty is biased against Black people and French Canadians.
  3. Cost: less expensive than life sentences though people believe otherwise.
  4. Deterrence:
    • Myth – offenders think about their crimes before they commit them (they don’t).
    • Myth – murder rates increase if we don’t have it (they don’t).
    • Myth – murderers will reoffend once released (they don’t).
  5. Wrongful Convictions: death sentences can be given to the innocent.

For example, states with the death penalty have higher rates of homicide as compared with neighbouring states without the death penalty. And when homicide rates were examined 60-days pre and post executions there was no change in crime rates.

5.1. Parole and Probation

Parole is where an offender is released from their prison sentence early, as opposed to probation, where the offender is put on probation instead of being sentenced to prison. With both, the offender to supervisor ratio is too disproportionate.

Effectiveness of parole: this is measured by the degree of violent offences as compared with the original, and the number of re-offences.

  • Offenders on day and full parole are more successful than those on statutory release.
  • Most offenders have high recidivism rates.

Effectiveness of probation: probation is used because it is cheaper than incarceration but the number of salient offender-supervisor visits are particularly important.

  • Failure rates vary from 12 to 65%.
  • High recidivism rates.

6. Victimology

Lifestyle theories: important because they define who is at risk for victimization; based on specific propositions:

  • The probability of suffering a person victimization is directly related to the amount of time that a person spends in public places
  • The probability of being in public places at night varies as a function of lifestyle
  • Social contacts and interactions occur disproportionately among individuals who share similar lifestyles  
  • An individual’s chances of personal victimization are dependent on the extent to which the individual shares demographic characteristics with offenders
  • The proportion of time that an individual spends with non-family members varies as a function of lifestyle

6.1. Patterns of Victimization

If we look at patterns of victimization, we find different types of crimes that are committed which involve different instigators (victim-precipitated and non-victim precipitated):

  • Victim-precipitated: where the victim instigates the crime but ends up a victim (e.g. wife attacks cheating husband but she is assaulted/dies)
  • Non-victim precipitated: where the offender instigates the crime

Both the Lifestyle Theory and Routine Activity Approach provide guidelines for reducing victimization.

6.2. Perceptions of Victimization

  • Media Overrepresentation: The media over-represents victimization, especially stranger-violence and homicide
  • Routines: lifestyle theories focus on people’s routines and daily activities
    • Young lower-class males that work/drive/walk at night are in a higher victimization class
  • Demographics: lifestyle is influenced in part by demographics such as gender, age, and social status
    • Men – victims of robbery and assault
    • Women – victims of sexual assault and theft
  • Age: Age influences victimization
    • Young people are the most victimized (15-24)
  • Social Status: Social status creates a lifestyle risk
    • Lower-class Canadians are at a higher risk than affluent families
  • Single: Single people are at a higher risk of victimization because they participate in more public activities

Tl;dr: Risk of victimization is directly related to your lifestyle.

Saturday, September 04, 2010

WHMIS Training

As a requirement for CHEM1001, we have to complete WHMIS training before our first lab. These are the notes I took (because, you know, safety is important).

1. What is WHMIS?

1.1. Introduction to WHMIS

WHMIS: Workplace Hazardous Materials Information Systems, also known as “Right to know” legislation because you have a right to know about the hazardous materials you work with.

The information about these hazardous materials comes from the supplier, is delivered to your employer who makes it available to you. It comes in three forms:

  1. Supplier labels on product containers – they provide basic safety information;
  2. Material safety data sheets (MSDS); and
  3. Education and training supplied by your employer.

Purpose: to reduce the likelihood of disease or injury caused by hazardous materials while on the job.

1.2. History of WHMIS

WHMIS became law in Canada in 1988; it guarantees that you have the right to know the hazards of the materials that you work with and how to protect yourself from them. This applies only in the workplace.

Controlled Products: products classified under WHMIS laws.

Federal Law: covers the importation and sale of controlled products; this includes the Hazardous Products Act and the Controlled Products Regulations. All hazardous materials must have distinctive WHMIS labels and MSDS’ must be available to purchasers.

Provincial Law: covers the storage, handling and use of controlled products in the workplace. Your employer is responsible for:

  • Educating and training employees on the safe handling, use and storage of all controlled products in the workplace;
  • Labelling and identifying WHMIS products; and
  • Providing employees with easy access to MSDS’ for each controlled product in the workplace.

Partially or Completely Exempt Products: certain products are regulated under other laws and have their own specialized types of labels. Regardless, you have a right to know the hazards of the products in your workplace.

  • Example of partially exempt: medical devices, explosives and radioactive materials.
  • Example of completely exempt: wood, tobacco products and hazardous wastes.

3. Hazard Symbols

These are found on supplier labels and are not the same as the ones found on ‘consumer labels’.

Compressed Gas Compressed Gas: compressed, dissolved and liquefied gases; they are usually transported in metal cylinders.
  • Handle carefully – never drop the cylinders!
  • Store in approved areas only
  • Keep cylinders away from heat and fire
Examples: oxygen, helium, propane.
Flammable/Combustible Flammable/Combustible: solids, liquids and gases that catch fire/explode easily – flammables burn more easily than combustibles.
  • Never smoke near these materials
  • Store in approved, fire-protected areas
  • Keep materials away from heat sources and other Flammable/Combustible or Oxidizing materials
  • Containers may need to be grounded against static electric discharges
Examples: propane, fire starter briquettes, gasoline.
Oxidizing Oxidizing: increase the risk of fire if they come into contact with flammable/combustible materials; they may also burn your eyes and skin on contact.
  • Wear protective clothing
  • Do not smoke when handling
  • Store in approved, fire-protected areas
  • Keep materials away from heat sources, flammable/combustibles and other oxidizing materials.
Examples: hydrogen peroxide, bleach, liquid chlorine.
Immediate Toxic Immediate Toxic: can cause death or serious injury from exposure to small amounts.
  • Handle with extreme caution – wear protective gear
  • Read and follow all safety precautions
  • Avoid skin contact or inhalation of materials – wash or shower thoroughly after using
  • Store in approved areas only
Example: cyanide, nerve gas, sulphuric acid.
Other Toxic Other Toxic: poisonous materials that may cause immediate skin or eye irritation, permanent injury or death through repeated exposure to small amounts over a long period of time.
  • Wear all recommended protective gear and respiratory equipment to protect yourself from skin contact or inhalation
  • Store in approved areas only
Example: mercury, coal dust, asbestos fibres.
Biohazardous infectious Bio-hazardous Infectious: materials that contain germs and micro-organisms that may cause a serious infection resulting in illness or death.
  • Take all necessary precautions to prevent contamination
  • Handle material in designated areas where precautions are in place to avoid exposure
  • Store in approved areas only
Example: Hepatitis B virus, contaminated blood, HIV.
Corrosive Corrosive: caustic materials and acids which can destroy your skin or eat through metals. The vapours from these materials may also burn your lungs.
  • Wear complete protective equipment as directed
  • Avoid inhalation; use in well ventilated areas and/or with approved respirator
  • Keep containers tight closed and store in approved area
  • Avoid all skin and eye contact
Example: battery acid, many oven cleaners, chlorine.
Dangerously Reactive Dangerously Reactive: materials that undergo dangerous reactions if subjected to heat, shock, pressure to contact with water.
  • Keep away from heat
  • Don’t subject these containers to shocks or excessive movements
  • Open carefully and don’t drop
Example: acetylene gas, epoxy resins, butadiene.

3.1. Consumer Symbols

Your employer is discouraged from bringing these into the workplace; if they are poured out of their bottle, WHMIS labels must be applied.

Poison Poison: may be fatal or cause serious and permanents effects. Can be very toxic, toxic or just harmful.
  • Don’t get in eyes or on skin
  • Don’t breathe fumes
  • Wear personal protective clothing and use safety equipment as indicated on the label
Corrosive Corrosive: causes burns to skin, eyes and lungs; may form dangerous vapours if mixed with other substances. Can be very corrosive, corrosive or just irritant.
  • Don’t mix with other chemicals
  • Don’t breathe fumes
  • Don’t get in eyes or on skin
  • Wear personal protective clothing and use safety equipment as indicated on the label
Flammable Flammable: may ignite if exposed to a spark or flame. Can be very flammable, flammable or spontaneously combustible.
  • Use only in well ventilated areas
  • Read and follow instructions
  • Keep away from open flame and other sources of ignition
  • Store in safe location away from sources of ignition
Explosive Explosive: contents under pressure may explode if heated; hazardous contents will escape if ruptured. Can be very toxic, toxic or harmful.
  • Do not puncture or burn
  • Store away from sources of ignition.

4. Supplier Labels

Supplier labels must be labelled before they are delivered to your employer; don’t handle improperly labelled products! They contain 7 types of information:

  1. Product name: common code or chemical name.*
  2. Risk phrases: warn of hazards.
  3. Precautionary statement: tell you what action to take to avoid injury.
  4. Hazard symbols: quick visual warning of dangers.*
  5. First aid measures: outlines first aid measures.
  6. Reference to MSDS*
  7. Supplier name*

All supplier labels are surrounded by a cross-hatched border for easy identification.

Note: Only the product name, hazard symbols, reference to MSDS and supplier name are required on containers that contain 100ml or less.

Using new products: when a new product arrives, read all sections of the supplier label thoroughly. You may want to refer to your work procedures, MDSDS or contact the supplier directly for more information. Pay particular attention to the risk and precautions section.

If an accident occurs: first review the First Aid section of the supplier label and then the spill and leak procedures of the MSDS – if the MSDS is missing, contact the supplier directly.

4.1. Lab Labels

These may not contain the hazard symbols or supplier name. They may also not have the cross-hatched border around the information.

4.2. Lab Samples

If your company sends our lab samples, then you’re considered the supplier. You must supply a standard supplier label and MSDS sheet. If the properties of the sample are unknown and the MSDS label cannot be created, you must label it with a “Hazardous Lab Sample” label; if they are being analyzed for Research and Development, they must include the phrase: “Research and Development Sample. For Laboratory use only.”

4.3. Workplace Labels

These are labels created in the workplace by your employer or you – this often happens when you are transferring materials from a supplier container to a workplace container. If you are using the product immediately and completely, you don’t need to label it. If you are using it completely but over a long period of time, you must label it with the product name. If you are using the product throughout your shift or your coworkers are using it, it must be fully labelled.

If your supplier label is damaged, you can replace it with another supplier label or a workplace label.

You must include: product name, precautionary statements and reference to MSDS. You can include any other information you think is important.

Other means of identification: placards, codes, tags posters or colours are used when it’s not practical to place labels on the containers (such as in tanks or pipes). Examples include:

  • Controlled products without containers (such as piles of sulphur);
  • Controlled products just produced but not yet packaged and labelled;
  • Controlled products being made ready for export; and
  • Stored hazardous wastes which contain controlled products.

Your employer is responsible for labelling these.

4.4. Data Sheets

MSDS (Material Safety Data Sheet): a printed technical bulletin containing detailed hazard, precautionary and emergency information on a controlled product.

These include 9 sections (foreign products may contain 16 sections):

  1. Production Identification and Use: identifies manufacturer and gives emergency contact information.
  2. Hazardous Ingredients: only contains the hazardous ingredients contained in the substance.
  3. Physical Data: tells you about the look, smell, boiling point, evaporation and specific gravity (where applicable).
  4. Fire and Explosion Data: intended for fire-fighters and management for planning purposes.
  5. Reactivity Data: provides information on the stability of the product and whether it may react when mixed with other chemicals. Refer to this section before using or storing the product near other products.
  6. Toxicological Properties: provides information on the health hazards of the product and the damage it can cause to your body. Refer to this section for detailed view of the Risk Phrases.
  7. Preventive Measures: provides information on preventive measures to take to prevent injury to your body from this product, how to clean up spills and waste disposal. Refer to this section for detailed view of Precautionary Statements.
  8. First Aid Measures: you may refer to this after an accident occurs – you may want to provide medical personnel a copy of the MSDS.
  9. MSDS Preparation Date: this date must be less than 3 years old.

5. Responsibilities

Suppliers must:

  • Send an MSDS on the first order of a product;
  • Create supplier labels and MSDS’;
  • Send an updated MSDS if production information changes; and
  • Attach supplier labels to containers before shipping.

Employers must:

  • Ensure supplier labels are attached to products delivered to the workplace;
  • Ensure labels are maintained and in good reading condition;
  • Ensure workplace labelling is done;
  • Ensure MSDS’ are up-to-date and readily available to all employees;
  • Provide education and training on the controlled products in the workplace and reviewed once a year; and
  • Provide safe work procedures for controlled products used in the workplace.

Employees must:

  • Apply the education, training and WHMIS information provided by your employer to protect yourself.
  • Notify your employer of any circumstances where you do not have adequate information.
  • Create a workplace label when necessary.

The Government must:

  • Administer and enforce WHMIS policies;
    • Surprise inspections may be done (What are the hazards of the product? What precautions are required for the safe use of this product? What do you do in case of emergency? Where can you get further hazard information?)
    • Non-compliance can result in fines and employer imprisonment.

5.1. Transportation of Dangerous Goods (TDG)

When a controlled product is at the supplier or your workplace, WHMIS laws apply. When it’s in transit, TDG laws apply.

6. Working Safely

If exposure to chemicals is unavoidable, you must use Personal Protective Equipment (PPE). Chemicals can enter your body through 5 ways:

  1. Eye/Face: you must wear eye and face gear when you are working with liquid chemicals, gases, vapours, molten metal, certain types of light radiation and where the danger of flying particles exists. Hard hats must be worn if the potential for head injury exists.
  2. Hands: hand protection is required whenever there is a risk of chemical absorption through the skin, cuts or punctures to hands, chemical burns and extreme heat or cold;
    • Leather gloves are good for protecting against cuts, abrasions and heat/cold.
    • Chemical resistant gloves offer protection from chemicals.
  3. Skin/Body: skin and body protection is required if there’s a risk of exposure to dangerous chemicals, extreme heat or cold, flying particles, or radioactivity. Protection includes chemical overalls, aprons, and leggings; full body suits; leather outerwear; firefighting suits.
  4. Feet: foot protection is required if there is a risk of chemical spillage, absorption from wet floors or puddles, or physical damage from heavy objects.
  5. Respiratory: respiratory protection comes from either air respirators or self-contained breathing apparatus (SCBA); you must choose the proper respirator for the chemicals you are using.

The supplier label will tell you what protective gear to wear.

6.1. Decanting Flammable Liquids

Static electrical charge is created when there is any movement with flammable liquids. If the charge is not dissipated, flammable vapours may be suddenly ignited resulting in a fire or explosion. Before transferring flammable liquids, you must equalize static electricity by grounding and bonding containers.

Grounding cables conduct electrical charge to the ground.

Bonding cables equalize the electrical potential between the containers.

We use welding cables and alligator clamps to connect the ground rod to the dispensing container, and the dispensing container to the receiving container. Only then can you insert the transfer pump – try to minimize the free fall and sloshing of the liquid.

If there is no grounding rod available, attach a bonding cable from the dispensing container to the receiving container.

Plastic funnels and non-conducting metals can increase the generation of static electricity. Don’t use combined plastic/metal containers as they can hold different static charges for extended periods of time.

Use a long spout and if possible, keep the nozzle below the liquid to limit free fall and sloshing.

6.2. Unusual Situations

Follow your employers’ emergency safety guidelines; they take precedence over the information in this section.

  1. Mixing Chemicals: avoid mixing chemicals; always read instructions and mix chemicals in well ventilated areas away from heat sources and open flames.
  2. Spills: ensure the safety of you and your coworkers; immediately advise your supervisor and follow established company procedures.
  3. Decanting Flammables:
  4. Fugitive Emissions: review your company’s procedures for guidance on how to deal with fugitive emissions.
  5. Emergencies: follow your company plan; advise your supervisor, evacuate and call the fire department.