(a) Labeling of container.--(1) The employer shall ensure that each container of a hazardous substance is labeled, tagged or marked with the chemical name or common name, a hazard warning as provided in subsection (f), and the name, address and telephone number of the manufacturer of the substance.(2) The employer shall ensure that each container of a hazardous mixture is labeled, tagged or marked with the common name of the mixture where one exists, or the trade name of the mixture if no common name exists, the chemical or common name of all special hazardous substances comprising 0.01% or more of the mixture, the chemical or common name of all hazardous substances constituting 1% or more of the mixture, a hazard warning as provided in subsection (f), and the name, address and telephone number of the manufacturer of the substance.(3) The employer shall ensure that each container of a single chemical is labeled, tagged or marked with the chemical name or common name, a hazard warning as provided in subsection (f), if appropriate, and the name, address and telephone number of the manufacturer of the chemical.(4) The employer shall ensure that each container of a mixture is labeled, tagged or marked with the common name of the mixture where one exists, or the trade name of the mixture if no common name exists, a hazard warning as provided in subsection (f), if appropriate, and the name, address and telephone number of the manufacturer. In addition, the employer shall ensure that either the top five substances by volume or those substances constituting 5% or more of the mixture, be labeled by chemical name or common name.(5) The employer is not required to label any container into which a chemical or mixture is transferred by the employee from labeled containers and which is intended only for the immediate use by the employee who performs the transfer.(6) The employer shall ensure that each container of hazardous substances, hazardous mixtures or chemicals leaving the workplace is labeled, tagged or marked with the appropriate information as required in paragraph (1), (2), (3) or (4).(7) The employer may call upon the manufacturer or supplier for assistance in labeling. The employer shall ensure that each label is prominently affixed to the container or the piping system and displayed in such a manner that employees can easily identify the chemical in that container. These labeling requirements may be altered only in accordance with subsections (b), (d) and (f) or section 11. The employer shall not remove or deface existing labels on incoming containers of chemicals unless the container is immediately relabeled with the required information. The employer need not affix new labels to comply with this section if existing labels already convey the required information that the chemical or common name on the container is the same as that listed on the MSDS and can be used by the employee as a cross-reference to the MSDS. Any label may contain other information, including trade or brand name, provided the information required by this section is clearly legible. Nothing in this section shall require an employer to test any chemical to determine the accuracy of the label.
(b) Common name usage.--A common name or trade name may be used for the purpose of subsection (a)(1), (2), (3) and (4), only if the use of such name more easily or readily identifies the true nature of a chemical or mixture. Where a chemical name or Chemical Abstracts Service number exists, but the container is not labeled with either, an employee shall have the right to request, in writing, the chemical name or Chemical Abstracts Service number of the substance, and the employer shall have five working days to give the required information to said employee, if a chemical name or Chemical Abstracts Service number is in the possession of the employer. If no chemical name or Chemical Abstracts Service number is in the possession of the employer, the employer shall notify the requesting employee, in writing, within five working days of the initial employee request and the employee shall have the right to request the department to supply said chemical name or Chemical Abstracts Service number.(c) Pipelines.--The content of a pipeline system shall be identified by labels applied at or near all ports. As used in this subsection, "ports" shall mean a point of access, which may be opened to the environment, used for charging or discharging a system, at which an employee may come into direct contact with a chemical under normal conditions of use. In those cases in which a pipeline is used to convey different chemicals at different times, and in the case of an environmental health and pest control system or other system designed to automatically discharge a chemical from spray-type ports, the employer may develop alternative methods to adequately apprise anyone who may be potentially exposed at any port of the contents of the pipeline. The requirements of this subsection shall not be applicable to effluents, water discharges or emissions through stacks, discharge conduits or to fire sprinkler systems containing only water.(d) Display of label.--The employer shall ensure that each label, sign, placard or other operating instructions required by this section is legible and prominently affixed in and displayed to the container or port in such a manner that employees can easily identify the substance or mixture present therein. The employer may use signs, placards, operating procedures or other such printed materials as alternatives to individual labels on stationary equipment, agricultural implements, and portable or mobile machinery used in outdoor or temporary worksites, as long as the alternative used indicates the appropriate chemical or common name and hazard warnings and is readily available to employees.(e) Cross-reference to MSDS.--The employer shall ensure that the chemical or common name used on the container to identify a hazardous substance or mixture is the same as the chemical or common name used on the MSDS or Hazardous Substance Fact Sheet, if that is the information available for the hazardous substance or mixture, and that the MSDS or Hazardous Substance Fact Sheet is readily available to the employee in his work area.(f) Hazard warnings.--Each employer shall ensure that container labels provide a warning as to the specific nature of hazard arising from the substance in the container. The hazard warnings shall be given in conformity with one of the nationally recognized and accepted systems of providing such warnings and shall be consistent throughout the workplace.(g) Exemptions.--When containers are labeled as required under applicable Federal laws and regulations, this section does not require labeling of containers which contain:(1) Any pesticides as such terms are defined in the Federal Insecticide, Fungicide and Rodenticide Act ( 7 U.S.C.§ 135 et seq.).(2) Any food, drug or cosmetic as such terms are defined in the Federal Food, Drug and Cosmetic Act ( 21 U.S.C.§ 301 et seq.).(3) Any distilled spirits (beverage alcohols), wine or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act ( 27 U.S.C.§ 201 et seq.).(4) Hazardous waste from spills and disposal site rehabilitation projects handled pursuant to the Resource Conservation and Recovery Act of 1976 ( Public Law 94-580, 42 U.S.C.§ 6901 et seq.) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( Public Law 96-510, 26 U.S.C.§ 4611 et seq. and 42 U.S.C.§ 9601 et seq.).1984, Oct. 5, P.L. 734, No. 159, § 6.