Section 205.230  Labeling

a)         Except as provided for in subsection (e) below, upon the effective date of these rules, each container of the toxic substances or mixture containing toxic substances in the workplace must display a label which conforms with Sections 8, 11 and 12 of the Act.

b)         If an employer has received an unlabeled container of toxic substances, the employer must label the container or must request a label in writing from the manufacturer, importer, or supplier.

c)         If the selling manufacturer, importer, or supplier fails to provide the employer with a label within 30 days in accordance with Section 11(a) of the Act, the employer may file a complaint in accordance with Section 17(a) of the Act.

d)         By taking action as described in subsection (c) above, the employer shall be deemed to have made a good faith effort to obtain a label for purposes of Sections 11(a) and 17 of the Act.

e)         Upon the effective date of these rules, each supplier, importer, or manufacturer who sells any toxic substance within the State of Illinois must label each container pursuant to Sections 8, 11 and 12 of the Act.

f)          Manufacturers, suppliers, or importers shall ensure that each container of toxic substances leaving the workplace is labeled, tagged or marked in accordance with the Act in a manner which does not preclude compliance with the requirements of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq. (1970)) and 92 Ill. Adm. Code Code 172.2000.

g)         When labeled in accordance with federal requirements, the following substances shall be exempt only from the labeling provisions of the Act.

1)         Any pesticide as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq. (1970)), with no further amendments included, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency (40 CFR 167 (1983)).

2)         Any food, food additive, color additive, drug, or cosmetic, including materials intended for use as ingredients in such product (e.g., flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq. (1970)), with no further amendments included, and regulations issued under that Act by the Food and Drug Administration (21 CFR 7 (1984)).

3)         Any distilled spirits (beverage alcohols), wine, or malt beverage intended for nonindustrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. 201 et seq. (1958)), with no further amendments included, and regulations issued under that Act, when subject to the labeling regulations issued under the Act by the Bureau of Alcohol, Tobacco, and Firearms (27 CFR 5 (1984)).

4)         Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq. (1970)) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq. (1970)), respectively, with no further amendments included, when labeled according to the requirements of those Acts or regulations issued under those Acts by the Consumer Product Safety Commission (26 CFR 1101 (1984)) (16 CFR 1500 (1984)).

h)         Except as provided in subsections (i) and (j), the employer shall ensure that each container of toxic substances in the workplace is labeled, tagged, or marked with the following information:

1)         Chemical name or identity of the toxic substance(s) contained therein.  However, an employer may provide the information required with respect to an entire mixture, considered as a whole instead of with respect to each toxic substance contained in such mixture, provided that:  toxicity testing information exists on the entire mixture or adequate information exists to form a valid judgement of the hazardous properties of the entire mixture, and provision of information on the entire mixture will be as effective in protecting employee health as the provision of information on each toxic substance contained in the mixture. [820 ILCS 255/8 and 12]

2)         Appropriate hazard warnings (see Appendix A for nonmandatory guidance).  The appropriate hazard warnings for carcinogens shall include a cancer warning.

i)          The employer may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials in lieu of affixing labels to fixed containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by subsection (h) of this Section to be on a label.  The written materials shall be readily accessible to the employees in their work area throughout each work shift.

j)          The employer is not required to label portable containers (ten gallons or less in volume) into which toxic substances are transferred from labeled containers, and which are intended only for use by the employee who performs the transfer during his/her shift. [820 ILCS 255/8]

k)         Employers or employees shall not remove or deface existing labels on incoming containers of toxic substances unless the container is immediately relabeled with the required information.

l)          The employer shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift.  Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

m)        The manufacturer, importer, supplier, or employer need not affix new labels to comply with this Section if existing labels already convey the required information. [820 ILCS 255/8]

n)         Construction employers shall ensure that toxic substances, which they handle, store, receive, or bring to the construction workplace, are labeled.

(Source:  Amended at 21 Ill. Reg. 10932, effective July 25, 1997)