Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.03 - Municipal Coordinators

Current through Register 1525, July 5, 2024
(1)
Method of Appointment
. A municipal coordinator shall
			 be designated by a written document signed by the chief executive officer of a
			 city or town. The designation document shall be a public record. The chief
			 executive officer shall also designate in the same manner an acting municipal
			 coordinator, who shall be authorized to exercise and perform all rights and
			 duties of the municipal coordinator when the municipal coordinator is absent or
			 incapacitated. The acting municipal coordinator shall be either the fire chief,
			 fire commissioner, public health commissioner or public health officer, or that
			 official who ordinarily assumes the other duties of the municipal coordinator
			 during absence or incapacity, or a member of the board of selectmen in a town
			 which lacks all of the aforesaid officials. The appropriate regional office of
			 the Department shall be informed of the identity, business address, and
			 telephone number of the municipal coordinator and acting municipal coordinator
			 within 15 days of the appointment.
(2)
Requests for filing of
			 MSDS
. An employer may at any time be directed to file a copy of
			 any or all MSDS(s) with the municipal coordinator of a community in which a
			 workplace is located by a written request from the municipal coordinator
			 addressed to the employer at that workplace, or other known business address of
			 that employer. An employer must file all requested MSDSs with the municipal
			 coordinator within four working days of receipt of a written request. If an
			 employer fails to provide requested MSDS(s), the Department may provide them to
			 the municipal coordinator upon request.
(3) A municipal coordinator may allow staff
			 and clerical employees acting under his or her direct supervision access to
			 MSDS information for the purpose of performing clerical duties, without notice
			 to employers. A municipal coordinator may allow employees under his or her
			 supervision access to MSDS information for purposes related to the performance
			 of their duties, where the information is directly related to imminent threats
			 to public health or safety such employees may encounter in the course of their
			 duties; upon allowing such access the municipal coordinator shall notify the
			 relevant employer. The supervisor of a municipal coordinator shall have access
			 to MSDS information for purposes related to the supervision of the municipal
			 coordinator, without notice to employers.
(4)
Security
. Any
			 municipal coordinator who receives copies of any MSDS shall take reasonable
			 measures to segregate all MSDSs from all public records and to safeguard said
			 MSDSs from unauthorized disclosure, and shall provide notice of the
			 consequences of unauthorized disclosure when allowing access to such
			 information. The municipal coordinator shall retain all MSDSs received for a
			 period of at least five years from the date of receipt.