1529.04 LABELING OF HAZARDOUS CHEMICALS.

   (a)    No employer shall possess hazardous chemicals in a container having a capacity of one gallon or more in a workplace unless the container bears a label which contains the following information:

      (1)    The chemical name of the hazardous chemical contained therein unless exempted pursuant to Section 1529.13, except that an employer shall provide a material safety data sheet on each unlabeled chemical exempted pursuant to Section 1529.13 and that such material safety data sheet shall be provided and maintained in the work area and at another remote location on the premises. The container of the unlabeled chemical must bear a code which identifies the applicable material safety data sheet and the labeling provisions of subsection (a)(2) hereof must be complied with subject to the exemption in Section 1529.13; or

      (2)    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 1985 edition of NFPA 704 entitled "Standard System for the Identification of the Fire Hazards of Materials" or through the coding system required under the Hazardous Materials Transportation Act (18 USC 1801 et seq.) and the regulations issued under that act by the Department of Transportation. Labeling of hazardous chemicals as required by this section shall not be considered a disclosure of trade secret information.

   (b)    Hazardous chemicals used in scientific experimentation or analysis, or chemical research or product development are exempted from the labeling requirements of this chapter, provided that:

      (1)    Quantities used are not greater than reasonably necessary for such purposes;

      (2)    Employees are adequately advised of the hazardous properties of such chemicals; and

      (3)    Chemicals are used by, or directly under the supervision of a properly trained individual assigned to conduct research or product development.

   (c)    An employer is not required to label a container of a hazardous chemical which is ten gallons or less in volume, into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the employee who performs the transfer.
(Ord. 93-1985. Passed 11-25-85.)