Section 10. A manufacturer or employer may provide the information required by section eight of this chapter on an entire mixture, instead of on each toxic or hazardous substance in it, when all of the following conditions exist: (a) Hazard test information exists on the mixture itself, or adequate information exists to form a valid […]
Section 11. (a) Every employer who manufactures, processes, uses or stores toxic or hazardous substances in the workplace shall provide a MSDS for each product which is present in said workplace. All MSDS’s shall be available at a central location in the workplace. (b) A completed federal OSHA Form 20 material safety data sheet shall […]
Section 12. An employer or the preparer of an MSDS shall provide said MSDS, including information withheld as a trade secret, immediately on a confidential basis to an employee’s treating physician who states in writing that in his professional judgment said employee’s medical condition may be the result of occupational exposure to a toxic or […]
Section 13. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee for the reason that such person has exercised any right, made any claim or filed any complaint or suit or has instituted, or caused to be instituted, any proceeding under this chapter, or […]
Section 14. Employers subject to the provisions of this chapter shall be required to maintain as records for a period of thirty years only the MSDS’s required by section eleven. Such records shall be made available within a reasonable period of time to each former employee, or his designated representative for examination and copying.
Section 15. Employers shall furnish employees with instruction on the nature and effects of those hazardous substances present in the workplace either in written form or in training programs as may be appropriate. Such instruction shall be in nontechnical language but may be generic to the extent appropriate and related to the job. Such instruction […]
Section 16. Every employer subject to the provisions of this chapter shall file with the regional office of DEP for the region in which the workplace of the employer is located, and upon request with the municipal coordinator for the city or town in which the workplace of the employer is located, a copy of […]
Section 17. The commissioner of DEP shall make a copy of an MSDS available to DOL or DPH upon request, and may make a copy of an MSDS available to any other agency of the commonwealth, but only upon written request including a justification by the requesting agency that the information contained in the MSDS […]
Section 18. (a) A community resident in a city or town in which an employer subject to the provisions of this chapter is located, who has reason to believe that the utilization of a toxic or hazardous substance in the workplace by the employer is or may be endangering public health or safety, may file […]
Section 19. A municipal coordinator who has obtained an MSDS from an employer pursuant to section sixteen may make available to another municipal official for the city or town in which the workplace of the employer is located, a copy of an MSDS, if he determines that an imminent threat to public health or safety […]
Section 2. The responsibility for administering the provisions of this chapter, and for assuring an appropriate state response to alleged violations thereof, shall be assigned in the following manner: (a) The commissioner of DPH shall be responsible for the administration of sections four through six, twelve and twenty, which relate to the establishment and amendment […]
Section 20. (a) A preparer shall provide an MSDS without trade secret information immediately on a confidential basis to a community resident’s treating physician who states in writing that said resident’s medical condition may be the result of exposure to a toxic or hazardous substance present in the said employer’s workplace; provided, however that such […]
Section 21. (a) Any information provided to state or local agencies or instrumentalities by manufacturers and employers pursuant to the provisions of this chapter, and any information provided to their public agencies or coordinator pursuant to this chapter shall not be a public record for the purposes of chapter sixty-six of the General Laws. (b) […]
Section 3. (a) If any of the commissioners with responsibilities under this chapter have cause to believe that an employer or manufacturer has wrongfully failed to comply with any provision of this chapter for which that commissioner has been delegated responsibility, that commissioner may, within one hundred and twenty days of the alleged violation or […]
Section 4. (a) For the purpose of this chapter, the commissioner of DPH shall establish the Massachusetts substance list and make said list available to manufacturers, employers, municipal coordinators, and the commissioners of DOL and DEP. Substances on the list may be designated by their chemical name or common name(s), and CAS number. Only those […]
Section 5. The preparer of an MSDS may omit from the MSDS the chemical name, common name, or CAS number if the release of said information which would disclose a trade secret as defined by this chapter. The preparer shall provide all other information on the properties and effects of the hazardous substance required for […]
Section 6. A research laboratory, as defined in section one, shall be exempt from the provisions of this chapter. In order to qualify a work area of a workplace or a workplace as a research laboratory, an employer shall file a sworn statement with the commissioner of DPH which shall include sufficient information pertaining to […]
Section 7. (a) Except as otherwise provided by this section, an employer shall label with the chemical name each container in his or her workplace containing a toxic or hazardous substance. Said label shall also contain the proper NFPA Code applicable to any contents of the container for which an NFPA Code has been published […]
Section 8. The manufacturer of any toxic or hazardous substance shall prepare and provide direct purchasers of said toxic or hazardous substances with an MSDS which, to the best of the manufacturer’s knowledge, is current, accurate, and complete, based on information then reasonably available to the manufacturer. Any person other than a manufacturer who sells […]
Section 9. (a) Any person subject to the provisions of section eight shall be relieved of the obligation to provide a specific purchaser of a toxic or hazardous substance with a MSDS if he has a record of having provided the specific purchaser with the most recent version of the MSDS; or if the substance […]
