Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part XIII - Worker and Community Right-to-Know Act
Chapter 309 - LABELING OF SUBSTANCES
Section 309.6 - General conditions applying to labels

Universal Citation: 34 PA Code ยง 309.6

Current through Register Vol. 54, No. 44, November 2, 2024

(a) The nonmanufacturing employer may use signs, placards, operating procedures or other printed materials as alternatives to individual labels on stationary equipment, agricultural implements and portable or mobile machinery used in outdoor or temporary worksites, if the alternative used indicates the appropriate chemical or common name and hazard warnings and is readily available to employes.

(b) The nonmanufacturing employer shall ensure that a label, sign, placard or other operating instructions required by this chapter is legible and prominently affixed in and displayed to the container or port so that employes can easily identify the substance or mixture present therein.

(c) The nonmanufacturing employer may not remove or deface existing labels on incoming containers of chemicals, unless the container is immediately relabeled with the required information.

(d) The nonmanufacturing employer need not affix new labels to comply with this chapter if the existing labels already convey the required information that the chemical or common name on the container is the same as that listed on the MSDS and can be used by the employe as a cross-reference to the MSDS.

(e) The nonmanufacturing employer shall ensure that the chemical or common name used on the container to identify a hazardous substance or mixture is the same as the chemical or common name used on the MSDS if the following apply:

(1) That is the information available for the hazardous substance or mixture.

(2) The MSDS or hazardous substance fact sheet (HSFS) is readily available to the employe in the work area.

(f) No employer is required to test a chemical to determine the accuracy of the label.

(g) Label requirements may only be altered as follows:

(1) Common name usage, under § 309.3 (relating to common name usage).

(2) Signs, placards, operating procedures or other printed materials, under subsections (a)-(f).

(3) Hazard warnings, under § 309.4 (relating to hazard warning).

(4) Trade secrets, under Chapter 317 (relating to trade secrets).

This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions).

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