Retention of DOT Markings, Placards, and Labels §1910.1201(a)–(e)

Employers who receive a package, transport vehicle, freight container, motor vehicle or rail freight car containing a hazardous material which is required to be marked, placarded, or labeled according to DOT Hazardous Materials Regulations (49 CFR Parts 171 through 180) must retain such markings on the containers/packaging.

These markings, placards, or labels must be retained on packages until the packaging/container is cleaned of residue and purged of vapors to remove any potential hazards. These markings must also be retained on transport vehicles, freight containers, motor vehicles or rail freight cars until hazardous material which requires the marking or placarding is removed. Markings, placards and labels must be maintained in a manner which ensures that the legend is readily visible.

The rule applies primarily to bulk packages but also applies to non-bulk receptacles that are repackaged and reshipped. Other non-bulk containers, such as 55 gallon drums, and inner packagings of combination packages that will not be reshipped but will remain at the worksite must be labeled according to §1910.1200.

Consequently, the hazard communication warning labels, tags, or markings do not appear on the outer packagings of combination packagings (e.g. bottles in a box). The inner packagings are required to be labeled according to OSHA guidelines, while the outside packaging is marked or labeled according to DOT guidelines.

This requirement applies to the employer who receives the hazardous material and not to the person responsible for transporting it unless the materials are still controlled by the transporter at the final destination when it is out of transport.

Non-Bulk Packagings

"Non-bulk packaging" is defined in the DOT hazardous materials regulations as a packaging that has:

• A maximum capacity of 450 L (119 gallons) or less as a receptacle for a liquid;
• A maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; or
• A water capacity of 454 kg (1000 pounds) or less as a receptacle for a gas as defined in Section 173.115 of the hazardous materials regulations.