§ 28-21-18 - Labeling.
SECTION 28-21-18
§ 28-21-18 Labeling. – (a) The employer shall ensure that each container of designated substances inthe workplace as listed in § 28-21-3 is labeled, tagged, or marked withthe following information:
(1) Identity of the designated substance; and
(2) Hazard warnings.
(b) When stationary containers in a work area have similarcontents and hazards, the employer may post signs or placards to convey therequired information rather than affixing labels to each individual container.
(c) The employer shall ensure that each container ofdesignated substance present or leaving the workplace is labeled, tagged, ormarked with the following information:
(i) Identity of the designated substance;
(ii) Hazard warnings; and
(iii) Name and address of the manufacturer or otherresponsible party who can provide additional information on the designatedsubstance and appropriate emergency procedures, if necessary.
(2) There shall be no conflict with the requirements of theHazardous Materials Transportation Act, 18 U.S.C. § 1801 et seq., andregulations issued under that act by the department of transportation.
(d) The employer need not affix new labels to comply withthis section if existing labels already convey the necessary information.
(e) The employer is not required to label portable containersinto which designated substances are transferred from labeled containers, andwhich are intended only for the immediate use of the employee who performs thetransfer.
(f) The employer shall not remove or deface existing labelson incoming containers of designated substances unless the container isimmediately marked with the required information.
(g) "Container" as used in this chapter means any receptacleor formed flexible covering, including but not limited to bags, barrels, boxes,cans, cylinders, drums, cartons, vessels, vats, and stationary or mobilestorage tanks used solely for the storage of designated substances, but shallnot include containers used as equipment where the designated substances areformulated, chemically reacted, or otherwise processed so long as records areavailable within the immediate location of the piece of equipment to designatethe activity taking place in the container.