§ 1247-9. Labeling of Toxic and Hazardous Substances.

(A)

Any employer who manufacturers, uses, or stores toxic or hazardous substances in the city of Cincinnati shall clearly label every container of a toxic or hazardous substance having a capacity of one gallon or more or the equivalent thereof in its solid or gaseous state, based upon generally accepted chemical measures, and which appears on the workplace of any such manufacturer, user or storer with the following information:

(1)

The chemical name of the toxic or hazardous substances contained therein; however, any employer may, at its option, choose not to place the chemical name on any or all containers in its possession; provided that if such an election is made by the employer, a material safety data sheet on each unlabeled chemical must be maintained in the work area, the container must bear a code which identifies the applicable material safety data sheet, and the labeling provisions of subsection (2) hereunder must be complied with, except as provided in Section 1247-31;

(2)

The category and degree of hazard conveyed through the color and number coding system adopted by the National Fire Protection Association, Inc., as published in the 1980 edition of NFPA 704 entitled "Standard System for the Identification of the Fire Hazards of Materials." A copy of NFPA 704 shall be on file for public inspection in the clerk of council's office and in the office of the city solicitor of the city of Cincinnati. Labeling of toxic or hazardous substances as required by this section shall not be considered a disclosure of trade secret information.

(B)

Toxic or hazardous substances used in scientific experimentation or analysis, or chemical research, or product development are exempted from the labeling requirements of this chapter, provided that:

(1)

Quantities used are not greater than reasonably necessary for such purposes;

(2)

Employees are adequately advised of the toxic or hazardous properties of such substances; and

(3)

Substances are used by or directly under the supervision of a properly trained individual assigned to conduct research or product development.

(C)

An employer is not required to label a container of toxic or hazardous substance which is 10 gallons or less in volume, into which toxic or hazardous substances are transferred from labeled containers and which are intended only for the immediate use of the employee who performs the transfer.

(Ordained by Ord. No. 210-1982, eff. July 3, 1982; repealed and reordained by Ord. No. 385-1984, eff. Sept. 6, 1984)