§ 28-21-18. Labeling.
(a) The employer shall ensure that each container of designated substances in the workplace as listed in § 28-21-3 is labeled, tagged, or marked with the following information:
(1) Identity of the designated substance; and
(2) Hazard warnings.
(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 individual container.
(c)(1) The employer shall ensure that each container of designated substance present or leaving the workplace is labeled, tagged, or marked with the following information:
(i) Identity of the designated substance;
(ii) Hazard warnings; and
(iii) Name and address of the manufacturer or other responsible party who can provide additional information on the designated substance and appropriate emergency procedures, if necessary.
(2) There shall be no conflict with the requirements of the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., and regulations issued under that act by the department of transportation.
(d) The employer need not affix new labels to comply with this section if existing labels already convey the necessary information.
(e) The employer is not required to label portable containers into which designated substances are transferred from labeled containers and that are intended only for the immediate use of the employee who performs the transfer.
(f) The employer shall not remove or deface existing labels on incoming containers of designated substances unless the container is immediately marked with the required information.
(g) “Container” as used in this chapter means any receptacle or formed flexible covering, including but not limited to: bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and stationary or mobile storage tanks used solely for the storage of designated substances, but shall not include containers used as equipment where the designated substances are formulated, chemically reacted, or otherwise processed so long as records are available within the immediate location of the piece of equipment to designate the activity taking place in the container.
History of Section.P.L. 1983, ch. 18, § 1; P.L. 1984, ch. 441, § 1; P.L. 2022, ch. 234, art. 1, § 13, effective December 31, 2022.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-21 - Hazardous Substances Right-To-Know Act
Section 28-21-1. - Duty of employer.
Section 28-21-2. - Definitions.
Section 28-21-3. - Employer notice requirements — Chemical identification lists.
Section 28-21-4. - Updating of information by employer.
Section 28-21-5. - Fire safety.
Section 28-21-6. - Access to written records — Availability.
Section 28-21-7. - Falsification of information.
Section 28-21-8. - Employee rights.
Section 28-21-9. - Training and education program.
Section 28-21-10. - Trade secrets.
Section 28-21-11. - Exclusions.
Section 28-21-12. - Physician treating employee — Accessibility to designated substances list.
Section 28-21-13. - Enforcement of chapter.
Section 28-21-14. - Duties of the department of labor and training.
Section 28-21-15. - Common law and other statutory rights of liability preserved.
Section 28-21-16. - Funding — Contracts for services — Exemption for copiers — Appeals.
Section 28-21-17. - Penalties.
Section 28-21-19. - Information requirements.
Section 28-21-20. - Severability.
Section 28-21-21. - Permanent commission on hazardous substances in the workplace.