Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 21.00 - "Right to Know" Law M.G.L. c. 111F › Section 21.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 454 CMR 21.00 is to establish
			 minimum standards and reasonable requirements to protect the health and safety
			 of employees through the communication of information regarding toxic or
			 hazardous substances.
(2)
Scope
.
			 454 CMR 21.00 is applicable
			 to all activities of employees who are, have been or may be exposed to toxic or
			 hazardous substances at the workplace.
(3)
Exceptions
.
(a)
Exception 1
. The
			 Director of DLS may grant exceptions to
			 454 CMR 21.00. Such
			 exceptions shall be granted in any particular case only where it is clearly
			 evident that it is necessary to prevent undue hardship or where existing
			 conditions prevent compliance. In no case shall any exceptions be granted
			 unless, in the opinion of the Director, reasonable protection of the health and
			 safety of the employees and others will be maintained. A request for exception
			 shall be submitted to the Director in writing specifically setting forth the
			 desired exception, the reason that the enforcement of the applicable provision
			 is unreasonable and the nature of the undue hardship. Exemptions shall remain
			 in force until rescinded in writing by the Director.
(b)
Exception 2
.
			 Items containing fluids and particles which by use and form are commonly
			 classified as consumer products and, being either inert or totally encapsulated
			 are not defined as articles under the provisions of M.G.L. c. 11F, § 1,
			 are exempt from the provisions of M.G.L. c. 111F, §§ 11 and 15, if:
1. consumer goods (goods primarily used or
			 bought for use by individuals for personnel, family or household purposes) when
			 used in the workplace, where:
a. the toxic or
			 hazardous substances contained therein are not listed as carcinogens, mutagens,
			 tertogens, neurotoxins or extraordinarily hazardous substances as defined by
			 the DPH, and
b. they are not
			 required to be labelled under M.G.L. c. 111F, § 7b, and
c. the substances are used in the workplace
			 in such a manner that employee exposure is equivalent to exposures resulting
			 from consumer usage.
2.
			 office supplies, including those materials to be found at the employee's desk
			 or similar work area in an office environment and toner used in photographic or
			 other types of office copying machines, where
a. the substance is present only in amounts
			 and forms substantially equivalent to the amount and forms generally available
			 to consumers, and
b. the substance
			 is used in the workplace in such a manner that employee exposure is equivalent
			 to consumer usage,
3.
			 food stuffs,
4. gasoline, oils and
			 other additives in fuel tanks, engines, and other operating systems of
			 passenger vehicles or light duty trucks, where
a. the substances are present only in amounts
			 and forms substantially equivalent to the amounts and forms generally available
			 to consumers, and
b. the substances
			 are used in such a manner that employee exposure and environmental exposure are
			 substantially equivalent to exposures resulting from consumer usage,
5. fuel oils number 1, 2, 3, 4, 5,
			 6, natural gas, kerosene, petroleum, or propane where used for space heating,
			 or power generation purposes, such that employees are not exposed to fumes or
			 combustion by-products, and all required emission control equipment is used.
454 CMR 21.00 is intended to
				complement and not to contravene
				105
				CMR 670.000: "
Right to Know
" and
				310 CMR 33.00:
Implementation of M.G.L. c. 111F, Employee and Community "Right to
				Know"
.