N.J. Admin. Code § 8:59-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:59-5.1 - General provisions

(a) The labeling provisions of this subchapter apply to public employers as defined in 8:59-1.3 and private employers as defined in 8:59-11.3.

(b) Every container at an employer's facility in which more than one percent of the contents of the container are unknown shall bear a label stating "Contents Unknown" or "Contents Partially Unknown," as appropriate, in addition to other labeling required under this subchapter.

(c) Every container at an employer's facility shall bear a label indicating the chemical name and Chemical Abstracts Service number of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or the trade secret registry number assigned to the substance. This is commonly referred to as "universal labeling." Common names specified in 8:59-5.7 may be substituted for the chemical name of the substance. If an employer does not know the chemical name and Chemical Abstracts Service number of the components in a container, it shall make a good faith effort to obtain this information from the manufacturer or supplier. A good faith effort shall consist of two contacts by letter and/or documented phone call to the manufacturer or supplier. The employer shall maintain this written documentation of its good faith effort.

(d) Labels shall be affixed to containers before containers are opened or within five working days of the container's arrival at the facility, whichever is sooner. No employer shall use the contents of a container unless the container is appropriately labeled. In warehouses, storage or transfer facilities associated with employers covered by this Act, where containers are not opened, labeling required by or consistent with United States Department of Transportation requirements at 49 CFR 172.101 may be used.

(e) Laboratories or other facilities that receive containers with unknown materials or old pressurized gas cylinders with unknown contents for analysis of the contents shall label the containers as substances are identified. In the interim period until the contents are identified, these containers shall be labeled in accordance with (b) above.

(f) Containers of materials, of which the employer does not know the contents and the manufacturer is unknown or no longer in business, shall be labeled pursuant to the Act or the Federal Resource Conservation and Recovery Act. The employer shall be responsible for determining the components of the container and attaching appropriate labeling.

(g) When an employer receives information that allows it to identify the chemical name and Chemical Abstracts Service number of the components of any product in its facility, it shall label the appropriate containers pursuant to (c), (d) and (e) above within five working days of receiving this information.

(h) Reaction vessels are containers in which reaction or mixing takes place which do not meet the definition of process container. Reaction vessels shall contain labels which identify the substances which are added to the vessel and removed from the vessel. These labels may be placed on an adjoining wall or post in close proximity to the reaction vessel. Batch sheets or operating manuals which contain the information required for labeling in 8:59-5.1(a), (b), and (c) may be placed on an adjoining wall or post in close proximity to the reaction vessel to meet the requirement of this section.

(i) Containers that are 56.7 grams (two ounces) or smaller may be labeled by means of a code or number system if the code or number system will allow a public employee or emergency responder free and ready access at all times to a fact sheet that will provide the public employee or emergency responder with the chemical name or common name permitted by 8:59-5.7, and CAS number of the substance contained in the container, or the trade secret registry number assigned to the substance and, in the case of a public employee, allow access to this information without the permission or assistance of management, and be available to the public employee at close proximity to the employee's specific job location or locations.

(j) An employer shall not be precluded from including on a label an appropriate hazard warning and the name and address of the substance manufacturer, importer, or other responsible party.

(k) Employers shall not remove or deface labels on incoming containers of substances, unless the container is immediately marked with the information required by this subchapter.

(l) Public employers that operate prisons or jails and believe that container labeling will constitute a security risk at the institution may request a waiver of the labeling requirements of this subchapter. The waiver shall ensure that the employees of the public employer receive all of the information about hazardous and other substances in containers to which they are entitled under the Act, although in a modified manner.

(m) In warehouses, storage and transfer facilities where containers are delivered stacked on skids, the containers remain on the skid until they are shipped out of the warehouse, storage or transfer facility, and it is not possible to get to all the containers without breaking down the skid, only those containers on the outside face of the skid and within reach of an employee need to be labeled in accordance with this subchapter. If the skid is shrink-wrapped, labels must be placed on the shrink-wrap on all four sides of the skid. If unlabeled containers are removed from the skid, they shall be immediately labeled.

(n) Containers that are packed within properly labeled larger containers need not be labeled in accordance with this subchapter until they are removed from the larger container.

(o) Retains are samples of products, raw materials, and intermediates that are stored by an employer for quality control and historical purposes. In the area such as a room, cabinet, or shelves where retains are stored, the labeling information required by this subchapter may be placed on a shelf or on a box that contains one or more retain samples. Retains that are removed from the storage area shall be labeled with the same labeling information that appears on the box or shelf. The labeling threshold based on container size set forth in 8:59-5.6 shall apply to retain sample containers.

(p) Batch samples are samples of product that are taken to a laboratory for quality control testing and that are tested during or after the batch operation. Batch samples may be labeled according to this subchapter by means of a label on a box or other container in which the sample is being held. Any samples that are removed from the laboratory shall contain labeling information as required by this subchapter. The labeling threshold based on container size set forth in 8:59-5.6 shall apply to batch sample containers.

(q) Containers in which products are shipped into or out of a facility that are not direct use containers may be labeled pursuant to the requirements of the United States Department of Transportation (USDOT) for hazardous materials being shipped. This requirement would require product or chemical name and hazard classification on the label if the product is hazardous and meets a minimum threshold. If USDOT regulations do not require a name or hazard classification on the shipping container, then none shall be required under this subchapter.

N.J. Admin. Code § 8:59-5.1

Amended by 50 N.J.R. 1036(a), effective 3/19/2018