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 21.04 - General Performance Requirements

Current through Register 1525, July 5, 2024
(1)
Cause to Believe
. Accident and inspection reports
			 prepared by DLS under 454 CMR 21.04, complaints, and referrals from other state
			 or federal agencies, and other reliable sources of information shall be
			 considered by the Director as the basis for cause to believe that a violation
			 of the provisions of
			 454 CMR 21.00 has occurred
			 and the Director may undertake an investigation.
(2)
Essential
			 Services
. The chief officer of statutorily recognized subdivisions
			 of the Commonwealth and the senior administrator of each city, town or county
			 shall determine those services considered to be essential under M.G.L. c. 111F,
			 § 11D. The determination shall be in writing and, as a minimum, contain
			 those job classifications considered to be essential and a brief statement, by
			 job classification, as to the reason for the determination. All employees
			 occupying essential service job classifications shall be so notified in writing
			 by the employer. The employer shall also maintain a copy of the written
			 determination with the MSDS's at a central location in the workplace. Any
			 employee or his/her designated representative, upon making a written request,
			 shall have the right to examine the written determination at the central
			 location of the MSDS file.
Chief officers and senior administrators under conditions of an
				emergency as declared by an appropriate Public Official, may designate other
				job classifications or individual employees as performing essential services.
				This shall be communicated to the effected employees verbally or in writing as
				soon as practicable.
Employees determined to be performing essential services may
				appeal the determination to the Director under the provisions of M.G.L. c.
				111F, § 13 provided that the employee is, has been or maybe exposed to
				toxic or hazardous substances, has requested an MSDS and has refused to work
				with the substance until the MSDS is provided.
(3)
Proof of Diligent
			 Efforts
. An employer having received a request from an employee
			 pursuant to M.G.L. c. 111F, § 11, shall furnish the employee with copies
			 of all written communication pertaining to the MSDS, between the employer, the
			 manufacturer, the intermediate seller and the Director of DLS.
(4)
Employee Refusal to
			 Work
. An employee who has requested an MSDS pursuant to M.G.L. c.
			 111F, § 11 and has not received said MSDS within four working days may
			 refuse to work with the substance for which the employee has requested the
			 MSDS, until such MSDS is provided by the employer, only if the employer has not
			 exercised diligent efforts in accordance with M.G.L. c. 111F, § 9(b) and
			 cannot furnish the employee with proof of such diligent efforts.
The employee may also refuse to work with the substance if the
				MSDS provided by the employer is incomplete or outdated.
The employee may continue to refuse to work with the substance
				until the employee is provided an MSDS that conforms to the requirements of
				M.G.L. c. 111F and
				454 CMR 21.00.
Employees who refuse to work shall be paid wages and receive
				all other benefits to the same extent as if the employee were continuing to
				work in the job held at the time the employee requested the MSDS. Failure of an
				employer to continue to pay wages and to grant other benefits to the employee
				shall be considered a violation of M.G.L. c. 111F, § 13.