Section 9 – Material Safety Data Sheets; Obligation to Provide to Purchaser
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 […]
Section 10 – Material Safety Data Sheets; Mixtures
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 – Material Safety Data Sheets; Employers' Duties; Employee's Right to Examine
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 – Material Safety Data Sheets; Examination by Employee's Physician; Disclosure of Information
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 – Discrimination Against Employees Exercising Rights Under This Chapter; Complaint; Investigation; Hearing; Review
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 – Records; Examination; Copying
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 – Instruction on Nature and Effects of Toxic or Hazardous Substances to Employees
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 – Material Safety Data Sheets; Filing Copies
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 – Material Safety Data Sheets; Requests for Copies
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 – Endangerment of Public Health or Safety; Investigation; Findings; Review
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 […]