TITLE 28
Labor and Labor Relations

CHAPTER 28-21
Hazardous Substances Right-to-Know Act

SECTION 28-21-18


   § 28-21-18  Labeling. – (a) The employer shall ensure that each container of designated substances in the workplace as listed in § 28-21-3 is labeled, tagged, or marked with the following information:

   (1) Identity of the designated substance; and

   (2) Hazard warnings.

   (b) When stationary containers in a work area have similar contents and hazards, the employer may post signs or placards to convey the required information rather than affixing labels to each individual container.

   (c)(1) The employer shall ensure that each container of designated substance present or leaving the workplace is labeled, tagged, or marked with the following information:

   (i) Identity of the designated substance;

   (ii) Hazard warnings; and

   (iii) Name and address of the manufacturer or other responsible party who can provide additional information on the designated substance and appropriate emergency procedures, if necessary.

   (2) There shall be no conflict with the requirements of the Hazardous Materials Transportation Act, 18 U.S.C. § 1801 et seq., and regulations issued under that act by the department of transportation.

   (d) The employer need not affix new labels to comply with this section if existing labels already convey the necessary information.

   (e) The employer is not required to label portable containers into which designated substances are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.

   (f) The employer shall not remove or deface existing labels on incoming containers of designated substances unless the container is immediately marked with the required information.

   (g) "Container" as used in this chapter means any receptacle or formed flexible covering, including but not limited to bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and stationary or mobile storage tanks used solely for the storage of designated substances, but shall not include containers used as equipment where the designated substances are formulated, chemically reacted, or otherwise processed so long as records are available within the immediate location of the piece of equipment to designate the activity taking place in the container.

History of Section.
(P.L. 1983, ch. 18, § 1; P.L. 1984, ch. 441, § 1.)