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Session Laws, 1990 Session
Volume 436, Page 637   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 153
[32F.

(a) An employer shall develop or obtain a material safety data sheet or, in the
case of a controlled hazardous waste substance, a hazardous waste manifest for each
hazardous chemical identified on the chemical information list.

(b) (1) A material safety data sheet shall include the information required by
the Commissioner.

(2) If information is not found for any listed category on the material
safety data sheet, the employer shall so indicate on the sheet.]

[32G.

(a) The chemical manufacturer, importer, or distributor shall ensure that each
container of hazardous chemicals leaving its workplace is labeled, tagged, or marked
with the following information:

(1) Identity of the hazardous chemical;

(2) Appropriate hazard warnings; and

(3) Name and address of the chemical manufacturer, importer or
distributor.

(b) Chemical manufacturers, importers, or distributors shall ensure that each
container of hazardous chemicals leaving its workplace is labeled, tagged, or marked in
accordance with this section in a manner which does not conflict with the requirements
of the Hazardous Materials Transportation Act, and regulations issued under that Act
by the United States Department of Transportation.

(e) If the hazardous chemical is regulated by the United States Occupational
Safety and Health Administration in a substance-specific health standard, the chemical
manufacturer, importer, distributor, or employer shall ensure that the labels or other
forms of warning used are in accordance with the requirements of that standard.

(d) Except as provided in subsections (e) and (f) of this section, the employer
shall ensure that each container of hazardous chemicals in the workplace is labeled,
tagged, or marked with the following information:

(1) Identity of the hazardous chemical contained therein; and

(2) Appropriate hazard warnings.

(e) An employer may use a sign, placard, process sheet, batch ticket, operating
procedure, or other such written material in lieu of affixing a label to an individual
stationary process container, as long as the alternative method identifies the container
to which it is applicable and conveys the information required by subsection (d) of this
section to be on a label. The written material shall be readily accessible to an employee
in the work area throughout each work shift.

(f) An employer is not required to label a portable container into which a

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Session Laws, 1990 Session
Volume 436, Page 637   View pdf image (33K)
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