New Jersey § 34:5a-14

§ 34:5a-14.

a. Every employer shall have until October 30, 1985 to take any action necessary to

assure that every container at the employer's facility containing a hazardous substance

shall bear a label indicating the chemical name and Chemical Abstracts Service number

of the hazardous substance or the trade secret registry number assigned to the hazardous

substance. The labels on all containers except pipelines and underground storage tanks shall

be designed and affixed in such a manner to ensure that if there is a flood or other

natural disaster when the container is transported or stored, the label shall remain

in place and visible. Employers may label containers in a research and development laboratory by means

of a code or number system, if the code or number system will enable an employee to

readily make a cross-reference to a hazardous substance fact sheet which will provide

the employee with the chemical name and Chemical Abstracts Service number of the hazardous

substance contained in the container, or the trade secret registry number assigned

to the hazardous substance. The code or number system shall be designed to allow the employee free and ready

access at all times to the chemical name and Chemical Abstracts Service number of

the hazardous substance in the container, shall be designed to allow the employee

access to this information without the permission or assistance of management, and

shall be available to the employee at close proximity to the employee's specific job

location or locations. Employers shall be required to label pipelines only at the valve or valves located

at the point at which a hazardous substance enters a facility's pipeline system, and

at normally operated valves, outlets, vents, drains , and sample connections designed to allow the release of a hazardous substance from

the pipeline. b. Within two years of the effective date of this act, every employer shall take any

action necessary to assure that every container at the employer's facility bears a

label indicating the chemical name and Chemical Abstracts Service number of the substance

in the container, except as provided in subsection d. of this section, or the trade

secret registry number assigned to the substance. Employers may label containers in a research and development laboratory by means

of a code or number system, if the code or number system will enable an employee to

readily make a cross-reference to documentary material retained on file by the employer

at the facility which will provide the employee with the chemical name and Chemical

Abstracts Service number of the substance contained in the container, except as provided

in subsection d. of this section, or the trade secret registry number assigned to

the substance. The code or number system shall be designed to allow the employee free and ready

access at all times to the chemical name and Chemical Abstracts Service number of

the substance in the container, shall be designed to allow the employee access to

this information without the permission or assistance of management, and shall be

available to the employee at close proximity to the employee's specific job location

or locations. If a container contains a mixture, an employer shall be required to insure that

the label identify the chemical names and Chemical Abstracts Service numbers, except

as provided in subsection d. of this section, or the trade secret registry numbers,

of the five most predominant substances contained in the mixture. The provisions of this subsection shall not apply to any substance constituting

less than 1% of a mixture unless the substance is present at the facility in an aggregate

amount of 500 pounds or more. Employers shall be required to label pipelines only at the valve or valves located

at the point at which a substance enters a facility's pipeline system, and at normally

operated valves, outlets, vents, drains , and sample connections designed to allow the release of a substance from the pipeline. One year after the effective date of this act the Department of Health shall establish criteria for containers which, because of the finished and durable

characteristics of their contents, shall be exempt from the provisions of this subsection. These standards shall be consistent with the intent of this subsection to provide

for the labeling of every container which may contain a substance which is potentially

hazardous. c. The labeling requirements of subsections a. and b. of this section shall not apply

to containers labeled pursuant to the “Federal Insecticide, Fungicide, and Rodenticide

Act,” 61 Stat. 163 ( 7 U.S.C. s.121 et al.), 1 except that the label for any such container except pipelines and underground storage

tanks shall be designed and affixed in such a manner to ensure that if there is a

flood or other natural disaster when the container is transported or stored, the label

shall remain in place and visible. The Department of Health may, by rule and regulation, certify containers labeled pursuant to any other federal

act as labeled in compliance with the provisions of this section. d. One year after the effective date of this act the Department of Health shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), a list of substances the containers of which may be labeled with the common names

and Chemical Abstracts Service numbers of their contents. The department shall include on the list adopted pursuant to this subsection only

substances which are widely recognized by their common names. An employer shall provide the chemical name of a substance in a container labeled

pursuant to this subsection within five working days of the request therefor. 1

Repealed; see, now, 7 U.S.C.A. § 136 et seq.