§ 8-7-1005 — Labeling - Definition

(a) Existing labels on containers of hazardous chemicals shall not be removed or defaced. (b) (1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings. (2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container. (c) A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, "unlabeled container" means a container which is not labeled in accordance with this section or the Hazard Communication Standard.

Legislative History

Acts 1991, No. 556, § 5; 1991, No. 1172, § 5.