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Subchapter 7. General Industry Safety Orders
Group 16. Control of Hazardous Substances
Article 109. Hazardous Substances and Processes

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§5194.1. Retention of DOT Markings, Placards and Labels.

(a) Any employer who receives a package of hazardous material which is required to be marked, labeled or placarded in accordance with the U.S. Department of Transportation's Hazardous Materials Regulations (49 CFR Parts 171 through 180) shall retain those markings, labels and placards on the package until the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards.

(b) Any employer who received a freight container, rail freight car, motor vehicle, or transport vehicle that is required to be marked or placarded in accordance with the U.S. Department of Transportation Hazardous Materials Regulations shall retain those markings and placards on the freight container, rail freight car, motor vehicle or transport vehicle until the hazardous materials which require the marking or placarding are sufficiently removed to prevent any potential hazards.

(c) Markings, placards and labels shall be maintained in a manner that ensures that they are readily visible.

(d) For non-bulk packages which will not be reshipped, the provisions of this section are met if a label or other acceptable marking is affixed in accordance with the Hazard Communications Standard, section 5194.

(e) For the purposes of this section the term “hazardous material” and any other terms not defined in this section have the same definition as in the U.S. Department of Transportation Hazardous Materials Regulations.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-4-95; operative 2-3-95. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 95, No. 1).

2. Amendment of subsections (b) and (e) filed 12-13-2011; operative 12-13-2011. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2011, No. 50).

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