(a) An employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked as follows:
(1) With the chemical name, where such name is not a trade secret under Section 632.14;
(2) With Department of Transportation (DOT) required labels for all substances regulated by DOT;
(3) With a cancer warning for all materials on lists set forth in Section 632.05(a)(4) and (5); and
(4) With a reproductive warning for all materials on lists set forth in Section 632.05, which materials pose a reproductive hazard.
(b) When stationary containers in the 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) Where containers or process equipment contains hazardous chemicals and 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) This chapter does not require labeling for materials required to be labeled under the following Acts or regulations issued under them: the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.), the Food, Drug and Cosmetic Act (21 U.S.C. 201 et seq.), the Consumer Product Safety Act (15 U.S.C. 2051), the Federal Hazardous Substance Act (15 U.S.C. 1261) and the Atomic Energy Act (42 U.S.C. 2011 et seq.).
(e) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. (Ord. 85-50. Passed 9-16-85.)