(a) The employer shall ensure that each container of hazardous or toxic substances in the workplace is labeled, tagged or marked:
(1) With the chemical name where said name is not a trade secret under Section 393.17. Employers may use the common name in addition to the chemical name to identify the chemical;
(2) With Department of Transportation (DOT) required labels for all substances regulated by DOT;
(3) With a cancer warning for all materials identified as carcinogens on the list required by Subsection 393.04(a). The cancer warning shall say, “Warning: Chemicals in this container can cause cancer.” The label shall be large enough to be clearly legible.
(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 container.
(c) Where containers or process equipment contain hazardous chemicals and the contents change frequently, or where labels would be obscured or destroyed by heat, spillage or other factors, the employer may post signs or placards to convey the required information.
(d) Each work area shall have hazard warnings, including the category and degree of hazard conveyed through the color and number coding system adopted by the National Fire Protection Association, Inc., as published in the 1980 edition of NFPA 704, entitled “Standard System for the Identification of the Fire Hazards of Materials”. A copy of the NFPA 704 shall be on file for public inspection in the Clerk of Council’s office and the Cleveland Law Library.
In some situations, a wide variety of materials may be stored in a particular work area having varying degrees of hazards. In such cases, the identifying NFPA symbol shall indicate the most severe degree of hazard present except when a high hazard rating would be misleading because of the presence of an insignificant quantity of the material requiring the rating.
(e) This chapter does not require labeling for materials required to be labeled under the following Acts or Regulations issued under them: Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.), Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), Federal Alcohol Administration Act (27 U.S.C. 201 et seq.), Consumer Product Safety Act (15 U.S.C. 2051), Federal Hazardous Substance Act (15 U.S.C. 1261), and the Atomic Energy Act (42 U.S.C. 2011 et seq.).
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)