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 33.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms as used in
				310 CMR 33.00 shall have the
				following meanings, unless otherwise specified:
Community resident
shall mean any
				resident of a municipality in which an employer manufactures, processes, uses
				or stores toxic or hazardous substances as defined in 310 CMR 33.02.
Critica
l shall mean vital or
				indispensable for the adequate solution, overcoming, or managing of a
				crisis.
The Department
shall mean the
				Commissioner of the Department of Environmental Protection or his
				designee.
Essentia
l shall mean necessary or
				indispensable to.
Frivolous
shall mean lacking in
				substance or serious intent.
Immediate access
shall mean access
				within 24 hours or access during the period of an on-going emergency or crisis
				situation.
Imminent threat to public health or
				safety
shall mean a situation which poses a risk of endangering
				the health or safety of the public or portion thereof, and which calls for
				prompt response to eliminate, reduce, or counter such risk.
Material safety data sheet
or
MSDS
shall mean the written document which sets forth
				the following for a toxic or hazardous substance:
(a) The chemical name, any common names, and the CAS number of
				the toxic or hazardous substance.
(b) The hazards or other risks in the use of the toxic or
				hazardous substance, including:
1. the potential for fire, explosion, corrosivity, and
				reactivity;
2. the acute and chronic health effects of risks from exposure;
				including the medical conditions that might be aggravated by exposure;
				and
3. the potential routes of exposure and symptoms of
				overexposure.
(c) The proper precautions, handling practices, necessary
				personal protective equipment, and other safety precautions in the use of or
				exposure to the toxic or hazardous substances, including appropriate emergency
				treatment in case of overexposure at hazardous levels.
(d) The emergency procedures for spills, fire, disposal and
				first aid.
(e) A description in lay terms, of the specific potential
				health risks posed by the toxic or hazardous substance intended to alert any
				person reading this information, including but not limited to carcinogenic,
				mutagenic, teratogenic, or neurotoxic effects, for substances so designated on
				the Massachusetts substance list, pursuant to M.G.L. c. 111F, §
				4(c).
(f) The month and year that the information was compiled and
				the name, address, and emergency telephone number of the manufacturer
				responsible for preparing the information.
Municipal coordinator
shall mean the
				fire chief, fire commissioner, public health commissioner or public health
				officer, or member of the suant to M.G.L. c. 111F, § 1 and
				310 CMR
				33.03, or an acting municipal coordinator so
				designated.
Performance of a duty to protect public health and
				safety
shall mean any action, including monitoring or
				investigation to determine whether other action is necessary, taken by a
				duly-constituted agency of the Commonwealth or political subdivision thereof;
				with the purpose of fulfilling (in whole or in part) any responsibility
				assigned by statue, regulation, ordinance, or by-law to provide, maintain,
				preserve, or safeguard safe or healthful conditions for the public, or to
				eliminate, reduce, or prevent threats to the health and safety of the public or
				portion thereof.
Public health officer
shall mean a
				paid health agent or a member of the board of health.
Reason to believe
shall mean an
				intelligible and articulated grounds for holding an opinion.
State agency
shall mean an agency,
				authority, board, commission, department, or office of the Commonwealth or any
				county or district thereof.
Toxic or hazardous substance
shall
				mean any chemical substance or mixture of substances in a gaseous, liquid or
				solid state which is listed in the Massachusetts substance list compiled in
				compliance with the provisions of M.G.L. c. 111F, § 4, and which is
				manufactured, processed, used or stored in the workplace, but which shall not
				include alcoholic beverages as defined in M.G.L. c. 138, § 1, or articles
				intended for personal consumption by employees in the workplace, or consumer
				articles packaged for distribution to, and used by, the general public, or
				articles sold or used in retail food establishments and all other retail trade
				establishments, exclusive of articles used in processing and repair areas, or
				substances being transported in interstate commerce.
Willful or intentional violation
shall
				mean any deliberate, intentional, or purposeful violation of M.G.L. c. 111F or
				regulations promulgated thereunder.
Wrongful violation
shall mean any
				violation of M.G.L. c. 1 11F or of regulations promulgated thereunder, other
				than a willful or intentional violation.