Construction (29 CFR 1926)

Retention of DOT Markings, Placards and Labels (Construction)

Verified vs OSHA sources · 2026-09-30

29 CFR 1926.61

29 CFR 1926.61 makes the rule of 1910.1201 apply to construction work. A package, freight container or vehicle that arrives marked, labeled or placarded under the DOT Hazardous Materials Regulations keeps those markings until the hazard is gone. For a non-bulk package that won't be reshipped, a label under the Hazard Communication Standard meets the rule.

Verified against the eCFR (Title 29, current as of September 25, 2026) · September 30, 2026

29 CFR 1926.61 at a glance

The construction text: One note: the requirements are identical to 1910.1201 (1926.61)
Packages: DOT markings, labels and placards stay until the packaging is cleaned of residue and purged of vapors (1910.1201(a))
Containers and vehicles: Freight containers, rail cars and motor or transport vehicles keep them until the hazardous materials are sufficiently removed ((b))
Visibility: Markings, placards and labels are kept readily visible ((c))
Drums you won't reship: A label or other acceptable marking under 1910.1200 meets the rule ((d))
Definitions: "Hazardous material" has its meaning in the DOT Hazardous Materials Regulations, 49 CFR Parts 171 through 180 ((e))

What 29 CFR 1926.61 requires (plain English)

29 CFR 1926.61 has no paragraphs of its own. The whole construction section is a note: "The requirements applicable to construction work under this section are identical to those set forth at § 1910.1201 of this chapter." So the rule a contractor follows is 1910.1201, Retention of DOT markings, placards and labels.

1910.1201 covers hazardous materials that arrive marked, labeled or placarded under the Department of Transportation's Hazardous Materials Regulations (49 CFR Parts 171 through 180). A package keeps its markings, labels and placards until the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards (a). A freight container, rail freight car, motor vehicle or transport vehicle keeps its markings and placards until the hazardous materials that require them are sufficiently removed to prevent any potential hazards (b). They are maintained so they are readily visible (c).

The section meets the Hazard Communication Standard at the drum. For a non-bulk package that will not be reshipped, a label or other acceptable marking affixed in accordance with 1910.1200 meets the rule (1910.1201(d)). On a shipped container that already carries the DOT pictogram for a hazard, the HazCom pictogram for that same hazard is not required on the label (1910.1200(f)(5)(iii)). And the workplace may not remove or deface labels on incoming containers of hazardous chemicals unless the container is immediately marked with the required information (1910.1200(f)(9)).

The regulatory text

“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.”

29 CFR 1910.1201(a)

Key facts about 29 CFR 1926.61

1926.61 contains no requirements of its own: it states that the requirements for construction work are identical to those of 1910.1201.
An employer that receives a package required to be marked, labeled or placarded under the DOT Hazardous Materials Regulations keeps those markings until the packaging is sufficiently cleaned of residue and purged of vapors (1910.1201(a)).
Freight containers, rail freight cars, motor vehicles and transport vehicles keep their markings and placards until the hazardous materials are sufficiently removed to prevent any potential hazards (1910.1201(b)).
For a non-bulk package that will not be reshipped, a label or other acceptable marking affixed under the Hazard Communication Standard meets the rule (1910.1201(d)).
Where a DOT pictogram appears on a shipped container, the HazCom pictogram for the same hazard is not required on the label (1910.1200(f)(5)(iii)).
Labels on incoming containers of hazardous chemicals may not be removed or defaced unless the container is immediately marked with the required information (1910.1200(f)(9)).
Federal OSHA issued no citation under 1926.61 to a construction employer in fiscal year 2025 (HazComFast count from Labor Department enforcement data).

Scope: who 29 CFR 1926.61 applies to

Regulatory framework: Construction (29 CFR 1926)
Citation reference: 29 CFR 1926.61
Enforcement status: In force and enforced
Jurisdiction: Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1926.61

#	Employer obligation
1	Keep DOT markings, labels and placards on a package until it is sufficiently cleaned of residue and purged of vapors (1910.1201(a))
2	Keep markings and placards on freight containers, rail cars and motor or transport vehicles until the hazardous materials are sufficiently removed (1910.1201(b))
3	Maintain markings, placards and labels so they are readily visible (1910.1201(c))
4	For a non-bulk package that will not be reshipped, a label or other acceptable marking under 1910.1200 meets the rule (1910.1201(d))

Summarized from the text of 29 CFR 1926.61. Always read the full regulation for the binding language.

Common DOT Markings (Construction) violations

Federal OSHA issued no citation under 1926.61 to a construction employer in fiscal year 2025 (HazComFast count from Labor Department enforcement data). Federal OSHA issued no citation under 1910.1201 to a construction employer in fiscal year 2025 (HazComFast count from Labor Department enforcement data). The deficiencies the text makes citable:

DOT markings, labels or placards removed from a package before it is cleaned of residue and purged of vapors (1910.1201(a)).
Placards taken off a tank truck, trailer or freight container while the hazardous material is still in it (1910.1201(b)).
Markings painted over, taped over or allowed to fade until they are no longer readily visible (1910.1201(c)).
A drum that won't be reshipped left with neither its DOT markings nor a label under the Hazard Communication Standard (1910.1201(d)).

A DOT label and a HazCom label do different jobs, and they meet at the drum

DOT markings and placards describe the material in transport. The HazCom label speaks to the worker using the product. 1910.1201 keeps the DOT markings on until the hazard is gone, and 1910.1201(d) lets a HazCom label do the job on a non-bulk package you won't reship. The two meet again on the shipped label: where the DOT pictogram for a hazard is already on the container, the HazCom pictogram for that same hazard isn't required (1910.1200(f)(5)(iii)). What neither rule allows is stripping the incoming labels before the container is marked again (1910.1200(f)(9)).

What OSHA inspectors look for

On a jobsite the rule applies where hazardous materials arrive and wait: drums and totes in the laydown yard, fuel and chemical deliveries, freight containers used for storage. The test is short. Is the DOT marking, label or placard still on and readily visible while the material or its residue is still there, and if the drum won't be reshipped, does it carry a HazCom label instead?

Example: how a violation is cited

A 55-gallon drum of a flammable solvent arrives with its DOT hazard label and markings, and the crew draws from it for two weeks. Until the drum is sufficiently cleaned of residue and purged of vapors, the DOT markings stay on and readily visible (1910.1201(a), (c)). If the empty drum will not be reshipped, a label affixed under the Hazard Communication Standard meets the rule instead (1910.1201(d)).

Illustrative example, not a specific OSHA case.

29 CFR 1926.61 step by step

Step 1
Receive with the markings on
Check each drum, tote, cylinder and delivery for its DOT labels, markings or placards when it arrives.
Step 2
Leave them on until the hazard is gone
Packages keep them until cleaned of residue and purged of vapors; containers and vehicles until the hazardous materials are sufficiently removed (1910.1201(a), (b)).
Step 3
Keep them readable
No paint, tape or grime over a marking, label or placard (1910.1201(c)).
Step 4
Label the drums you won't ship back
A non-bulk package that won't be reshipped can carry a label or other acceptable marking under the Hazard Communication Standard instead (1910.1201(d)).
Step 5
Don't strip incoming labels
Remove or deface an incoming label only if the container is immediately marked with the required information (1910.1200(f)(9)).

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2026 penalties for 29 CFR 1926.61

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation type	Minimum	Maximum	When it applies
Serious	$1,085	$16,550	Substantial probability of death or serious physical harm.
Other-Than-Serious	$0	$16,550	Relates to safety/health but unlikely to cause death or serious harm.
Willful	$11,823	$165,514	Intentional, knowing, or voluntary disregard of the requirement.
Repeated	$4,256	$165,514	A substantially similar violation cited within the last 5 years.
Failure to Abate	None	$16,550/day	up to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

A violation of 1926.61 falls under the same maximums as any OSHA violation: up to $16,550 for a serious or other-than-serious violation and up to $165,514 for a willful or repeated one (29 CFR 1903.15(d)). Federal OSHA issued no citation under 1926.61 to a construction employer in fiscal year 2025 (HazComFast count from Labor Department enforcement data).

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for DOT Markings (Construction) compliance

The rule ties the markings to the hazard, not to the last pour. A drum that looks empty keeps its markings until it is cleaned of residue and purged of vapors "to remove any potential hazards" (1910.1201(a)). The worker who picks it up next, and anyone responding to a fire in the yard, reads what is on the drum.

Free compliance tools for 29 CFR 1926.61

Secondary Container Label Maker Secondary Container Label Decision GHS Label Generator

DOT Markings (Construction) penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1926.61.

Alabama Arkansas Colorado Connecticut Delaware District of Columbia

View all 50 states + DC →

Frequently asked questions about 29 CFR 1926.61

What does 29 CFR 1926.61 require?

1926.61 applies 1910.1201 to construction work: its note says the requirements are identical. An employer that receives a package, freight container or vehicle marked, labeled or placarded under the DOT Hazardous Materials Regulations keeps those markings until the hazard is removed, and keeps them readily visible (29 CFR 1910.1201(a) to (c)).

When can the DOT labels come off a drum?

When the packaging is sufficiently cleaned of residue and purged of vapors to remove any potential hazards (29 CFR 1910.1201(a)). For a non-bulk package that will not be reshipped, a label or other acceptable marking affixed under the Hazard Communication Standard meets the rule (1910.1201(d)).

Do placards have to stay on a delivery truck or freight container?

Yes, until the hazardous materials that require the marking or placarding are sufficiently removed to prevent any potential hazards (29 CFR 1910.1201(b)). The rule covers freight containers, rail freight cars, motor vehicles and transport vehicles.

Does a drum with a DOT label also need a GHS pictogram?

Not for the same hazard. Where a pictogram required by DOT appears on a shipped container, the HazCom pictogram for the same hazard is not required on the label (29 CFR 1910.1200(f)(5)(iii)). The rest of the shipped-container label still applies.

What counts as a hazardous material under this rule?

The term has the meaning it has in the DOT Hazardous Materials Regulations, 49 CFR Parts 171 through 180, as do other terms the section doesn't define (29 CFR 1910.1201(e)).

Regulatory history of 29 CFR 1926.61

1910.1201 was issued on July 19, 1994 (59 FR 36700). The construction note in 1926.61 comes from OSHA's technical amendments of June 20, 1996 (61 FR 31427, section source note 61 FR 31432), which consolidated repetitive provisions and removed duplicative pages without changing any substantive requirement.

Related glossary terms

Key terms that appear in 29 CFR 1926.61, each with a full plain-English explainer.

Hazard Communication Standard (HCS)GHS Pictogram Safety Data Sheet (SDS)

Related guides & articles

GHS Label Requirements: The Complete Guide 8 OSHA Pictograms vs 9 GHS Pictograms Construction HazCom 1926.59

Related OSHA standards

29 CFR 1910.1200

HazCom / GHS

#2 most cited

29 CFR 1926.59

HazCom (Construction)

29 CFR 1910.1450

Chemical Hygiene Plan (Labs)

29 CFR 1926.501

Fall Protection

#1 most cited

Primary sources

The texts quoted on this page were read on the eCFR (Title 29, current as of September 25, 2026), September 30, 2026. Penalty figures come from HazComFast's regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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