reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.01 - Scope and Authority

Current through Register 1525, July 5, 2024
452 CMR 6.00 is promulgated pursuant to M.G.L. c. 152,
				§§ 5, 13, and 30. 452 CMR 6.00 shall apply to all claims for health
				care services:
(a) requires workers'
			 compensation insurers to undertake utilization review for all medical services
			 to be provided to the injured employee after 12 weeks from the date of injury.
			 The insurer may choose to undertake utilization review at any time during the
			 12 week period immediately following the date of injury. However, the insurer
			 is mandated to undertake utilization review before denying any request for
			 medical services during this initial 12 week period. Treatment guidelines are
			 in effect during this 12 week period.
(b) references the guidelines and review
			 criteria that the Department of Industrial Accidents (DIA) requires providers
			 to consider when treating certain medical conditions, and sets forth the
			 mechanism for the development, endorsement, dissemination, and implementation
			 of future guidelines;
(c) sets
			 forth the nature of utilization data that must be reported to the
			 DIA;
(d) sets forth the methods for
			 quality assessment that will be used by the DIA;
(e) sets forth the nature of the mechanisms
			 that DIA will use to ensure compliance with 452 CMR 6.00; and
(f) concerns the appropriateness of the
			 health care service,
i.e.,
whether the service is reasonable,
			 necessary, and effective; and the quality of care provided to workers'
			 compensation recipients, including consideration of the proper costs of
			 services.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.03 - Preferred Provider Arrangements under Workers' Compensation

Current through Register 1525, July 5, 2024
(1) If an insurer receives approval of a
			 preferred provider arrangement (PPA), an injured employee shall, if the
			 arrangement is consented to by the employer and includes a provider in the
			 specialty sought by the employee, be required to see a member of the preferred
			 provider arrangement on the initial scheduled visit. Employees subject to any
			 arrangement shall be provided information regarding their rights and
			 obligations under M.G.L. c. 152, § 30 and M.G.L. c. 1761 upon initial
			 approval of the preferred provider arrangement and annually thereafter. Such
			 information shall also be posted in a prominent place in all
			 worksites.
(2) The list of names of
			 the providers in the preferred provider arrangement within an employee's
			 geographic region or of all health care providers within the arrangement
			 organized geographically shall be distributed to each covered employee
			 immediately following an alleged workplace injury. The names on such lists
			 shall be arranged in order of medical specialty or provider type. A current
			 list shall also be posted at a convenient and prominent place for covered
			 persons to examine at worksites, and shall be given to any covered person upon
			 request.
(3) Any insurer approved
			 as a preferred provider arrangement for workers' compensation must send to the
			 Department of Industrial Accidents a duplicate copy of all information filed
			 with the Division of Insurance together with a copy of its approval
			 letter.
(4) The Department of
			 Industrial Accidents may require the approved PPA applicant to survey affected
			 employees with a form of the Department's design to assess the employee's
			 understanding of their rights with regard to participation in PPAs.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.04 - Utilization Review by Insurers

Current through Register 1525, July 5, 2024
(1) Insurers and
			 self-insurers are required to undertake utilization review for health services
			 rendered to injured employees, either by performing utilization review
			 themselves or by contracting with a Commonwealth approved agent who will
			 conduct utilization review services on their behalf. If an insurer or
			 self-insurer chooses to perform utilization review on its own, it must have its
			 program approved through the OHP. Said utilization review program must remain
			 separate and distinct from case management and all other claim functions.
			 Utilization review organizations conducting Massachusetts reviews at multiple
			 sites must seek separate approval for each site.
For the conditions to which the treatment guidelines endorsed
				by the Health Care Services Board and adopted by the Commissioner pursuant to
				M.G.L. c. 152, §§ 13 and 30 apply, the programs shall integrate said
				treatment guidelines.
(2)
Application for Approval
. An applicant requesting
			 approval to conduct utilization review in the Commonwealth shall:
(a) submit a completed application to the OHP
			 along with an initial application fee payable to the DIA. The application fee
			 shall be $1,000.00 if the company is located in Massachusetts, excluding the
			 Commonwealth and the various counties, cities, towns and districts; and
			 $3,000.00 if the company is located outside of Massachusetts;
(b) submit a new application to the OHP every
			 two years, along with a renewal fee. The renewal fee shall be $500.00 if the
			 company is located in Massachusetts; and $1,500.00 if the company is located
			 outside of Massachusetts; and
(c)
			 make arrangements with the OHP for a site visit for all new
			 applicants.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.05 - Utilization Reporting

Current through Register 1525, July 5, 2024
(1) Providers must
			 use, and insurers must accept, standard forms prescribed by the DIA, based on
			 the most recent Center for Medicare and Medicaid Services forms.
(2) The Department may require utilization
			 review agents to provide a sample of up to 100% of all billing records, both
			 inpatient and outpatient, which sample shall be transmitted to the Department
			 of Industrial Accidents so that the Department can implement appropriate
			 utilization oversight. In addition to the standard billing file, for every
			 outpatient service the Department may request information about the insurer,
			 any procedures, and the employer's and provider's identification numbers. For
			 inpatient services, the Department must receive all relevant diagnostic and
			 procedure International Classification of Disease (ICD) codes, Current
			 Procedural Terminology (CPT) and other codes, the length of stay and the cost
			 of any ancillary services. The Department may require both counts of services
			 as well as the amount reimbursed.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.06 - Treatment Guidelines

Current through Register 1525, July 5, 2024
(1) In promulgating
			 452 CMR 6.00, the Commissioner hereby utilizes the treatment guidelines
			 developed and endorsed by the Health Care Services Board, recognizing that
			 medical treatment cannot be reduced to regulation and that health care
			 providers must be free to exercise their best judgements about the treatment of
			 their patients.
(2) The Health Care
			 Services Board will review and update treatment guidelines at least annually.
			 Providers shall consider the treatment guidelines endorsed by the Health Care
			 Services Board and adopted by the Commissioner when caring for injured
			 employees or risk nonpayment. The guidelines should not be construed as
			 including all proper methods of care reasonably directed to obtaining the same
			 results. The ultimate judgement regarding any specific procedure or treatment
			 must be made by the provider in light of all circumstances presented by the
			 injured employee and the needs and resources particular to the locality or
			 facility. The adopted guidelines shall be used by utilization review programs
			 administered by insurers in a form required by the Department, taking into
			 account that appropriate care may vary on a case by case basis.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 6.00 - Utilization Review And Quality Assessment › Section 6.07 - Quality Assessment and Enforcement

Current through Register 1525, July 5, 2024
(1)
General Rules for Compliance Enforcement
. Pursuant to
			 452 CMR 6.00, the Office of Health Policy of the DIA monitors utilization
			 review agents and their programs to ensure full compliance with Massachusetts
			 General Laws and 452 CMR 6.00. Specific enforcement mechanisms include, but are
			 not limited to, the following:
(a) The
			 Commissioner may revoke or refuse to renew a license of a self-insurer for the
			 failure of any self-insurer to comply with all applicable laws, rules,
			 regulations, orders, and requirements of the Commonwealth.
(b) The Commissioner may revoke or refuse to
			 renew the approval of the utilization review agent for failure to comply with
			 all applicable laws, rules, regulations, orders, and requirements of the
			 Commonwealth.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 7.00 - Practices By Insurers › Section 7.01 - Scope and Authority

Current through Register 1525, July 5, 2024
452 CMR 7.00 is promulgated pursuant to M.G.L. c. 152, § 5
				for the purpose of carrying out applicable provisions of M.G.L. c. 23E and c.
				152.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 7.00 - Practices By Insurers › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
Request for Reimbursement
, as used in
				M.G.L. c. 152, §§ 13 and 452 CMR 7.00, shall mean a request for
				payment of health services provided pursuant to M.G.L. c. 152, § 13
				that:
(a) is submitted on a standard form prescribed by the
				Department based on the most recent Universal Billing (UB) form and Health Care
				Financing Administration (HCFA) 1500 billing form pursuant to
				452 CMR
				6.05:
Utilization
				Reporting;
(b) is signed by the provider, as defined in
				452 CMR 6.02:
Definitions,
performing such service (or by that provider's
				authorized representative or signature stamp), accompanied by a detailed
				description of the service rendered, the name and licensure number of the
				provider performing such service, as required by M.G.L. c. 152, § 13;
				where the request for reimbursement is for hospital outpatient services,
				including but not limited to, restorative services, the signature, name, and
				licensure number of the practitioner, as defined in
				452 CMR 6.02,
				actually performing the service shall be placed on the detailed description
				accompanying the request; and
(c) contains, at a minimum, the following:
1. employee name;
2. date of injury;
3. date(s) of service;
4. itemized services rendered;
5. where applicable, International Classification of Diseases-9
				(ICD-9 or subsequent) code(s), diagnosis code(s), Current Procedural
				Terminology (CPT) code(s), administrative and all other procedure code(s)
				promulgated by the Executive Office of Health and Human Services;
6. in the case of restorative and chiropractic services, the
				applicable Current Procedural Terminology (CPT) code(s) for utilization
				descriptive purposes; and applicable charges for each service.
Standard Workers' Compensation
				Premium
, as used in M.G.L. c. 152, § 65 and 452 CMR 7.00,
				shall mean the direct written premium equal to the product of payroll by class
				code and the currently applicable manual rates multiplied by any applicable
				experience modification factor.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 7.00 - Practices By Insurers › Section 7.03 - Collection of Trust Fund Assessments

Current through Register 1525, July 5, 2024
Insurers shall remit to the department an amount equal to that
				established under M.G.L. c. 152, § 65(5) in proportion to the direct
				written premium received. No such assessment remitted to the department shall
				be reimbursed until a request for reimbursement is filed with the department
				and approved by the department.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.01 - Scope and Authority

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 152, § 25C, the Department of
				Industrial Accidents (DIA) Office of Investigations shall investigate those
				businesses, organizations or other entities that employ one or more persons, be
				it full or part-time, as defined by M.G.L. c. 152, § 1 and determine if
				said business, organization or entity has obtained the proper workers'
				compensation insurance coverage. If the Office of Investigations determines
				that any business, organization or other entity has failed to obtain a workers'
				compensation policy for its employees then a Stop Work Order (SWO) shall be
				issued and appropriate fines and penalties shall be levied. Further, the
				Director of the Department is authorized under M.G.L c. 152, §1(4) to
				promulgate regulations regarding workers' compensation insurance coverage
				requirements and elections for certain officers and directors of
				corporations.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 452 CMR 8.00 the following definitions will
				be used:
Corporate Director
- A person elected
				or appointed to sit on a board that manages the affairs of a particular
				corporation.
Corporate Officer
- a person who holds
				the designated position of president, vice president, treasurer, secretary,
etc.
for a particular corporation and is so listed in the
				articles of organization or in the annual report filed with the Secretary of
				the Commonwealth.
Duly Authorized Rating Organization
-
				for the purpose of 452 CMR 8.00 the duly authorized rating organization shall
				be the organization recognized pursuant to M.G.L. c. 152, § 52C to fulfill
				those statutory duties delineated therein or its successor.
Employee
- for purposes of 452 CMR
				8.00, the definition of employee shall be that indicated in M.G.L. c. 152,
				§ 1(4).
Employer
- for the purpose of 452 CMR
				8.00, the definition of employer shall be that indicated in M.G.L. c. 152,
				§ 1(5).
Fine
- a fine shall refer to those
				fines delineated in M.G.L. c. 152, § 25C.
Insurance Carrier
- for the purpose of
				452 CMR 8.00 an insurance carrier shall refer to an insurer as defined in
				M.G.L. c. 152, § 1(7).
Investigator
- a person designated by
				the Director of the DIA to enforce the provisions of M.G.L. c. 152,
				§§ 25A and 25C.
Stop Work Order (SWO)
- a citation
				issued to an employer that has failed to provide evidence of workers'
				compensation insurance coverage as prescribed by M.G.L. c. 152, § 25A. A
				SWO shall be issued by an investigator duly authorized by the Director of the
				DIA.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.03 - Issuance of Stop Work Orders

Current through Register 1525, July 5, 2024
Upon discovery that an employer is in violation of M.G.L. c.
				152, § 25A, the DIA shall issue a SWO and serve it upon the employer.
				Service of the SWO is proper if it is served upon the employer personally, if
				the employer is an individual; upon a corporate officer, if the employer is a
				corporation; or upon a representative or agent of the employer. The SWO may
				also be properly served by leaving a copy of the SWO at the employer's last and
				usual place of business. The date of service shall be noted on the SWO and said
				date shall be used to calculate fines and penalties pursuant to M.G.L. c. 152,
				§ 25C.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.04 - Appeal of a Stop Work Order

Current through Register 1525, July 5, 2024
Upon written request to the DIA, an employer who is aggrieved
				by the issuance of a SWO may appeal said order on its merits. A hearing will be
				granted per M.G.L. c. 152, § 25C (2). The appeal must be filed with the
				DIA no later than ten days from the date the SWO was served. The aggrieved
				employer may, at the time of the hearing, provide documents or other materials
				that support its position. An employer that appeals a SWO may continue to
				operate their business pending a final agency disposition.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.07 - Workers' Compensation Policies for Sole Proprietors

Current through Register 1525, July 5, 2024
(1) Pursuant to St. 2002, c. 169 and M.G.L.
			 c. 152, § 1(4), a sole proprietor or the partners of a legal partnership
			 may elect to be an employee and obtain coverage under a workers' compensation
			 insurance policy.
(2) If a sole
			 proprietor or partner wants to be covered as an employee under a workers'
			 compensation insurance policy, he or she must submit a written or electronic
			 request directly to the carrier when a policy is in place or is going to be
			 issued through the voluntary market or to the duly authorized rating
			 organization established by M.G.L. c. 152, § 52C if the policy is going to
			 be assigned through the assigned risk pool. The sole proprietor or partner must
			 reaffirm in writing, or by electronic means, their decision to be covered as an
			 employee on their workers' compensation policy to the insurance carrier
			 annually and prior to the renewal date of the policy.
(3) The effective date of coverage for the
			 sole proprietor or partner shall be either the next policy effective date
			 following the carrier's receipt of a written request from the sole proprietor
			 or partner, or the day following the carrier's receipt of a written request
			 that the election for coverage be made effective mid-term.
All such written requests must be on company letterhead and
				signed by the sole proprietor or partner. Once electing to be covered under a
				workers' compensation insurance policy, no sole proprietor or partner may opt
				out of said coverage until the completion of the current policy term.
(4) Pursuant to M.G.L. c. 152,
			 § 25A, sole proprietors and partnerships are required to provide workers'
			 compensation insurance coverage for their employees. Under M.G.L. c 152, §
			 1(4), a sole proprietor or partner is given the option to be an employee and be
			 covered under a workers' compensation insurance policy. If a sole proprietor or
			 partnership obtains a workers' compensation insurance policy without
			 specifically electing coverage as described in 452 CMR 8.07 for the sole
			 proprietor or for each or any partner, the sole proprietor and partners shall
			 not be covered under that policy.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 8.00 - Office Of Investigations › Section 8.08 - Insurance for out of State Employers - Form 154

Current through Register 1525, July 5, 2024
Employers located in other states but conducting business
				and/or employing workers in Massachusetts must have an applicable Massachusetts
				workers' compensation insurance policy for their employees. Coverage will not
				be valid if Massachusetts is not endorsed in section 3A or 3C of the
				information page of a workers' compensation insurance policy. If Massachusetts
				is not endorsed in section 3 A of the information page but coverage exists in
				Massachusetts under section 3C, an employer's insurance carrier must file a
				Form 154 with the Office of Investigations upon request of said
				office.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 9.00 - Other Agency Administrative Proceedings › Section 9.01 - Scope and Authority

Current through Register 1525, July 5, 2024
452 CMR 9.00 is promulgated pursuant to M.G.L. c. 152, § 5
				for the purpose of carrying out a portion of the adjudicatory responsibilities
				mandated under M.G.L. c. 152. The administrative rules and procedures contained
				in 452 CMR 9.00 set forth uniform procedures which apply to all administrative
				proceedings before the Department other than those heard before the Division of
				Dispute Resolution and conducted under the adjudicatory rules set forth in
				452 CMR 1.00:
Adjudicatory Rules of the Industrial Accident
				Board.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 9.00 - Other Agency Administrative Proceedings › Section 9.02 - Employers Report of Injury

Current through Register 1525, July 5, 2024
(1) An employer who
			 is aggrieved by an assessment of a fine imposed for a violation under the
			 provisions of M.G.L. c. 152, § 6, may request an administrative review by
			 the Department's Director of Administration or his or her designee by giving
			 written notice of such request to said director within 30 days of the issuance
			 of the fine and shall include any relevant documentation with such request.
			 Said director shall make a finding within 30 days of receipt of a documented
			 request for review.
(2) An employer
			 who is aggrieved by the finding of said director shall have 14 days from
			 receipt of said finding to request a hearing before the Director of the
			 Department or his or her designee, who shall schedule such hearing in Boston
			 within 30 days of receipt of such request. At the hearing the employer shall
			 have the right to be represented by counsel, to call witnesses, and to question
			 the Director of Administration or his or her designee. The hearing shall be
			 conducted in conformance with M.G.L. c. 30A and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure.
(3) No employer shall be granted more than
			 one administrative review for any alleged work-related injury.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 9.00 - Other Agency Administrative Proceedings › Section 9.03 - Medical Reports and Records

Current through Register 1525, July 5, 2024
(1) Within 14
			 calendar days of the completion of an initial medical examination by an
			 attending physician of an employee, or any subsequent examination by such
			 physician indicating a change in the capacity of an employee to work, the
			 physician shall submit to the Department and to each party a medical report. No
			 medical examination shall be deemed to have been completed until all tests
			 ordered have been received by the physician. On the written request of a party,
			 the Department shall send a notice to the physician to make immediate
			 submission of a medical report. Each failure to submit a report within 14 days
			 of receipt of a Departmental notice to submit shall be a separate violation and
			 shall be punished by a fine of $25.00 provided that:
(a) No fine shall be levied against
			 physicians employed by the United States Veterans Administration to the extent
			 that such fine would conflict with federal law; and
(b) No fine shall be levied when compensation
			 has been agreed to, the medical treatment is reasonable and necessary, but
			 payments for the physician's services at reasonable rates in accordance with
			 M.G.L. c. 152, § 13, have not been made within 45 calendar days of the
			 submission of a bill.
Code of Massachusetts Regulations › 452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS › Title 452 CMR 9.00 - Other Agency Administrative Proceedings › Section 9.04 - Adjudicatory Procedures for Departmental Administrative Hearings

Current through Register 1525, July 5, 2024
(1) Other than proceedings covered by
			 452 CMR 1.00:
Adjudicatory Rules of the Industrial Accident Board,
administrative hearings convened by the Department of Industrial
			 Accidents shall be conducted pursuant to M.G.L. c. 30A and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure,
and M.G.L. c. 152 §
			 25A where applicable.
(2) Hearings
			 conducted pursuant to M.G.L. c. 152 § 30H (OEVR determinations of
			 suitability), c. 152 § 25A(c)(3) (refusals to grant license, or revoking
			 or refusing to renew license, of self insurer), c. 152 § 25C (appeals of
			 Stop Work Orders), c. 152 § 6 (timely filing of notice of injury), c. 152
			 § 65B (cancellation of insurance), c. 152 § 7C (denial or suspension
			 of practice before the Board) and any other administrative hearings required by
			 M.G.L. c. 152 other than those provided for under
			 452 CMR 1.00:
Adjudicatory Rules of the Industrial Accident Board
shall be
			 governed by 452 CMR 9.04(1).
Code of Massachusetts Regulations › 453 CMR - DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT › Title 453 CMR 3.00 - Employment Of Aliens › Section 3.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
M.G.L. c. 149, § 19C prohibits the employment of unauthorized aliens in Massachusetts. 453 CMR 3.00 establishes requirements with which all Massachusetts employers must comply to prevent the hiring of such individuals.
Code of Massachusetts Regulations › 453 CMR - DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT › Title 453 CMR 3.00 - Employment Of Aliens › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
Employer
shall mean any individual,
				corporation, partnership or other entity, including any agent thereof, that
				engages the services of an employee or employees for wages, remuneration or
				other compensation.
Employment
or
employ
shall mean any service or labor provided by an
				employee that contains the expectation by the employee of wages, remuneration
				or other compensation to be paid in exchange of such service or labor.
Unauthorized alien
shall mean, with
				respect to these provisions, an alien that, at the time of employment, is not
				lawfully admitted into or otherwise permitted to work in the United States by
				the U.S. Immigration and Naturalization Service or the U.S. Attorney
				General.
Code of Massachusetts Regulations › 453 CMR - DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT › Title 453 CMR 3.00 - Employment Of Aliens › Section 3.03 - Determination of Status

Current through Register 1525, July 5, 2024
(1) It shall be
			 unlawful for any employer in Massachusetts to knowingly employ an unauthorized
			 alien. An employer shall not be deemed to have violated these provisions if a
bona fide
inquiry was conducted to verify authorized alien
			 status.
(2) An inquiry into the
			 employment status of an alien shall be deemed
bona fide
if an
			 employer completes and retains U.S. Immigration and Naturalization Form I-9
			 together with supporting documentation. Employers, when completing a U.S.
			 I.N.S. Form I-9, shall examine all documents provided by the employee and may
			 accept such documents that reasonably appear:
(a) to be related to the person submitting
			 them;
(b) to be genuine and free of
			 tampering, alterations or desecration.
Code of Massachusetts Regulations › 453 CMR - DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT › Title 453 CMR 3.00 - Employment Of Aliens › Section 3.04 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				453 CMR
				3.00 is held to be inconsistent with M.G.L. c. 149,
				§ 19C or is held unconstitutional, either on its face or as applied, the
				inconsistency or unconstitutionality shall not affect the remaining provisions
				of
				453 CMR
				3.00.
Code of Massachusetts Regulations › 453 CMR - DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT › Title 453 CMR 9.00 - REPEALED

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
453 CMR 9.00: M.G.L. c. 111, § 197B; c. 140, § 46R;
				and c. 149, § 6F½.
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 21.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions shall apply in the application of
				454 CMR 21.00. The singular
				includes the plural and the plural includes the singular.
Director
. The Director of the
				Department of Labor Standards.
Director's Representative
. An employee
				of the Department of Labor Standards so designated in writing by the
				Director.
Competent Individual
. The authorized
				person who, through experience or education, has a level of knowledge and
				capabilities necessary to conduct the training program as outlined in
				454 CMR
				21.07.
DLS
. Department of Labor Standards.
DPH
. Department of Public Health.
Foreseeable Emergency
A situation or
				condition that could reasonably be anticipated as a result of acts or omissions
				involving the use of toxic or hazardous substances in the work place.
Immediate Use
. Those circumstances
				under which the toxic or hazardous substance or mixture containing such
				substance remains under the control of and is used only by the person who
				transfers the substance or mixture from a labeled container and such use occurs
				within the work shift in which the substance or mixture is transferred.
Legally Incapacitated
. The condition
				in which a person is unable to act on his or her own behalf as defined by law
				and resulting from a determination of an appropriate court of the Commonwealth
				or of another state.
Mixtures
. Mixtures may be prepared and
				produced by a manufacturer and furnished or sold, directly or indirectly to
				employers for use by their employees at the workplace. Mixtures may also be
				prepared by employers for use by their employees at the workplace.
MSDS
. Material Safety Data
				Sheet.
Normal Operating Conditions
. Those
				conditions arising during the employer's regular course of business, including
				those conditions which might reasonably be expected to occur as a result of
				foreseeable emergencies.
Normal Working Conditions
. Those
				conditions encountered by an employee as a result of the employees work
				assignments, except those arising as a result of an unforeseeable
				emergency.
Reasonable Procedures
. A clear written
				procedure, provided to employees, that is consistent for all employees
				similarly situated and sets forth the method or manner, during the work shift,
				in which the employer will respond to an employee's request for an MSDS.
Verified Complaint
. A written
				complaint attested to by the employee.
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 21.03 - General Duties and Responsibilities

Current through Register 1525, July 5, 2024
(1)
Workplace Notices
. Workplace notices required under
			 M.G.L. c. 111F, § 11(e) shall be posted in the English language as
			 provided by DLS.
Employers having Employees who speak other languages shall also
				post the notice in those languages.
Notices in languages other than English may be provided by DLS
				upon request.
(2)
Employer Liability
. Employers subject to criminal
			 liability for willful and intentional violations under M.G.L. c. 111F, §
			 3(b) are the chief executive officers or other officers of a corporation,
			 partners of a partnership, the owner in the case of a sole proprietorship, or
			 any other person in the service of an employer, as defined by M.G.L. c. 111F,
			 § 1, who has the principal responsibility for the direction and control of
			 employees.
For the Commonwealth, the liability shall rest with the chief
				officer of any agency, department, authority or other statutorily recognized
				subdivision.
For any city, town or county, the liability shall rest with the
				senior administrator of each subdivision.
(3)
Disclosure of
			 Information
. Information derived from an MSDS by an employee or
			 his/her designated representative under the provisions of M.G.L. c. 111F,
			 § 11(c), may be used and/or disclosed for purposes directly related to
			 issues associated with, or arising from, collective bargaining agreements,
			 workers' compensation claims or matters concerned with occupational safety and
			 health, provided that equivalent information is subject to disclosure or
			 discovery by the employee or the employee's designated representative as a
			 result of collective bargaining agreements or any other provisions of
			 law.
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 21.05 - Labels

Current through Register 1525, July 5, 2024
The following shall apply to all containers except those
				exempted or requiring special consideration under M.G.L. c. 111F, §
				7.
(1)
Location
. Labels shall be prominently located on the
			 container in its upright position when the container is in its usual position
			 for use, so as to be legible.
(2)
Type
. Names on labels shall be in bold face
			 letters.
(3)
Legibility
. The chemical name and the NFPA Code, if
			 applicable, of the toxic or hazardous substances, in English and on a
			 distinctly contrasting background, shall be affixed to the container.
(4)
Weather
			 Exposure
. Labels on containers exposed to the elements of the
			 weather shall be such that the reading matter is clear and conspicuous at all
			 times and will not be defaced or obliterated by rain, snow or other adverse
			 elements of the weather.
(5)
Secondary Containers
. If a labeled container is
			 covered by a secondary container or a covering that remains in place while the
			 contents of the container are withdrawn or used therefrom, the required labels
			 shall also appear on the secondary container or covering.
(6)
Mixtures
.
			 Containers of mixtures shall be labeled with the chemical name listed on the
			 MSDS for each toxic or hazardous substance in the mixture, subject to the
			 limitations and exceptions appearing in M.G.L. c. 111F, § 7. It is
			 recommended that containers of mixtures be also labeled with the common name of
			 the mixture.
(7)
Typography Size
. The size of type on labels shall
			 substantially comply with the following minimum requirements:
Over 1 Gallon or 5 lbs.
3/16 in.
Over 5 Gallons or 30 lbs.
¼"
Over 10 Gallons or 100 lbs.
½"
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 21.06 - Material Safety Data Sheet

Current through Register 1525, July 5, 2024
(1)
Types of MSDS
. MSDS's shall consist of one of the
			 following types:
(a) Massachusetts Substance
			 List MSDS;
(b) Trade Secret
			 MSDS;
(c) Mixture MSDS.
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 21.07 - Instruction or Training

Current through Register 1525, July 5, 2024
(1)
General Requirements
. Instruction or training shall be
			 given and/or conducted by a competent individual.
Instructions or training shall include but not be limited to
				the following:
(a) A detailed
			 explanation of employee rights including:
1.
			 Workplace Notice;
2. Container
			 labeling;
3. Request of an
			 MSDS;
4. Work refusal;
5. Discrimination discipline,
			 discharge;
6. Hearings and
			 appeals;
7. Instruction or
			 training.
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 21.08 - Penalty

Current through Register 1525, July 5, 2024
(1)
Penalty
. A
			 violation of
			 454 CMR 21.00 shall be
			 considered a violation of M.G.L. c. 111F.
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 21.09 - Severability

Current through Register 1525, July 5, 2024
(1)
Severability
. If
			 any provision of
			 454 CMR 21.00 shall be held
			 inconsistent with M.G.L. c. 111F, or held unconstitutional, either on its face
			 or as applied, the inconsistency or unconstitutionality shall not affect the
			 remaining provisions of
			 454 CMR 21.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 454 CMR 22.00 shall establish
			 and/or constitute:
(a) Minimum work standards
			 to protect the health and safety of inspectors, deleaders, renovators and the
			 general public.
(b) Standards of
			 competency for persons or entities engaged in or performing deleading and
			 renovation work that disturbs lead paint or lead paint debris.
(c) Minimum standards to be used by insurers
			 in the inspection of risk, measurement of hazards and the determination of
			 adequate and reasonable rates of insurance as prescribed by the provisions of
			 M.G.L. c. 152, § 65J.
(d)
			 Standards for the licensure or certification of persons, firms, corporations or
			 other entities who or which enter into, engage in or work at the business of
			 deleading work.
(e) Standards for
			 the licensure or certification of persons, firms, corporations or other
			 entities who or which enter into, engage in or work at the business of
			 renovating residences and child-occupied facilities containing dangerous levels
			 of lead.
(f) Standards for the
			 licensure of entities engaged in the business of training others, where such
			 training is a condition of licensure or certification pursuant to
			 454 CMR 22.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.03 - General Requirements

Current through Register 1525, July 5, 2024
(1)
General Requirements for Licensure of Deleading
			 Contractors
. Except as allowed by 454 CMR 22.03(1)(a) through (c),
			 no person, firm, corporation or other entity shall enter into, engage in or
			 work at the business of lead abatement unless such person, firm, corporation or
			 other entity has been duly licensed as a Deleading Contractor, in accordance
			 with
			 454
			 CMR 22.04. For the purposes of 454 CMR
			 22.03(1), the phrase "engage in . . . the business of lead abatement" includes,
			 but is not limited to, advertising Deleading services and submitting bids for
			 work in which the majority of the contract-value of the project involves
			 Deleading Work.
(a) Owners and Owners' Agents
			 who perform Deleading Work in or on the property of the Owner in accordance
			 with regulations promulgated by the Director of CLPPP pursuant to M.G.L. c.
			 111, § 197(d), are not required to be licensed as Deleading Contractors,
			 provided that said persons are trained pursuant to
			 105 CMR
			 460.175(D)  and have
			 received a certificate of instruction pursuant to
			 105 CMR
			 460.175(E):
Certificate of Instruction
.
(b) Where the business or work includes only
			 Moderate-risk Deleading Work, the entity carrying out the work may be licensed
			 as a Lead-safe Renovation Contractor pursuant to
			 454
			 CMR 22.04 in
lieu
of being
			 licensed as a Deleading Contractor, provided that the work is carried out or
			 supervised by a Deleader-supervisor, or a Lead-safe Renovator-supervisor who
			 has received the additional training specified at
			 454 CMR
			 22.08(4)(e), and the work is
			 performed in accordance with
			 454
			 CMR 22.12(2).
(c) Contractors and other entities who
			 perform only Low-risk Deleading Work in or on the property of the Owner in
			 accordance with regulations promulgated by the Director of CLPPP, pursuant to
			 M.G.L. c. 111, § 197(d), are not required to be licensed as Deleading
			 Contractors or Lead-safe Renovation Contractors, provided that the persons
			 carrying out said work are trained pursuant to
			 105 CMR
			 460.175(D)  and have
			 received a certificate of instruction pursuant to
			 105 CMR
			 460.175(E):
Certificate of Instruction
.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.05 - Licensing Procedures for Deleader-supervisors and Deleader-workers

Current through Register 1525, July 5, 2024
(1)
Licensure of
			 Deleader-supervisors and Deleader-workers
. An applicant for
			 licensure as a Deleader-supervisor or a Deleader-worker must submit to the
			 Department in person the following:
(a) A
			 completed application form prescribed by the Director.
(b) A current Training Certificate issued by
			 a Licensed Training Provider, or a current Training Certificate that meets the
			 reciprocity requirements set forth at
			 454 CMR 22.08(2)
			  in the discipline for which licensure is
			 sought.
(c) A form of
			 government-issued personal photo identification that includes proof that the
			 applicant is 18 years of age or older.
(d) A signed physician's statement, as set
			 forth at
			 454 CMR
			 22.09(4)(f).
(e) The results of all blood lead and zpp
			 monitoring conducted on the applicant in the three-month period prior to
			 application, including at least one blood lead and one zpp result.
(f) A money order or certified bank check
			 payable to the Commonwealth of Massachusetts in the amount of the entire fee
			 established for such license by M.G.L. c. 7, § 3B, plus any applicable
			 surcharges. A schedule of licensing fees and surcharges is available from any
			 Department office upon request. The fee payment is not refundable.
(g) An applicant for licensure as a
			 Deleader-supervisor must also pass an examination given by the Department (or
			 an equivalent third party exam, as determined by the Director) with a score of
			 at least 70%.
Applications received by the Department of Labor Standards
				(DLS) which omit any of the information or documentation required for submittal
				set forth 454 CMR 22.05 in excess of 60 calendar days from the date of written
				notification to the applicant apprising the applicant of the omitted
				information or documentation, will not be acted upon and the application fee
				shall be forfeited to defray the administrative costs of review and processing
				of the incomplete application.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.06 - Certification Procedures for Lead-safe Renovator-supervisors; Training Requirements for Persons Carrying out Renovation Work in the Capacity of Workers

Current through Register 1525, July 5, 2024
(1)
Certification
			 Procedures
. Persons who have successfully completed the training
			 specified for Lead-safe Renovator-supervisors at
			 454 CMR 22.08(4)(d)
			  and, where applicable,
			 454 CMR
			 22.08(4)(f), from a Licensed
			 Training Provider and are in possession of a current, valid certificate of
			 Lead-safe Renovator-supervisor training shall be deemed to have fulfilled the
			 Certification requirements for carrying out the functions specified at
			 454 CMR
			 22.11(4)  on Renovation
			 Projects, where such Certification has not been suspended or revoked pursuant
			 to
			 454
			 CMR 22.15. Persons who have successfully
			 completed the training specified for Lead-safe Renovator-supervisors at
			 454 CMR 22.08(4)(e)
			  and, where applicable,
			 454 CMR
			 22.08(4)(f), from a Licensed
			 Training Provider and are in possession of a current, valid certificate of
			 Lead-safe Renovator-supervisor Training Moderate Risk Deleading Option shall be
			 deemed to have fulfilled the Certification requirements for carrying out the
			 functions specified at
			 454 CMR
			 22.11(4)  on Renovation
			 Projects and the functions of Supervisors on Moderate Risk Deleading Projects,
			 where such Certification has not been suspended or revoked pursuant to
			 454
			 CMR 22.15.
(2)
Training Requirements for
			 Persons Performing as Workers on Renovation Projects
. Licensure or
			 Certification is not required by
			 454 CMR 22.00 for persons
			 participating in Renovation Projects in the capacity of workers. Said persons
			 shall have received the training specified by
			 454 CMR 22.08(4)(i)
			  prior to engaging in Renovation Work.
			 Persons who are in possession of current Deleader-worker, Deleader-supervisor
			 or Lead-safe Renovator-supervisor Training Certificate shall also be deemed to
			 have met the training requirements of 454 CMR 22.06(2) for participation in
			 Renovation Projects in the capacity of workers.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.08 - Training Requirements

Current through Register 1525, July 5, 2024
(1)
Persons Requiring Training
. All applicants for
			 Licensure or Certification pursuant to
			 454
			 CMR 22.05 and
			 22.06
			 shall have successfully completed the applicable initial and refresher training
			 from a Licensed Training Provider for the discipline(s) in which they wish to
			 be Licensed or Certified. Persons participating in Renovation Projects in the
			 capacity of workers shall receive the training specified by 454 CMR 22.08(4)(i)
			 prior to engaging in such work.
(2)
Reciprocity and Recognition of Prior Training Courses
.
			 Persons who have received Deleading or Lead-Safe Renovation training from
			 out-of-state providers shall be considered to have fulfilled the applicable
			 training requirements for Licensure or Certification pursuant to
			 454 CMR 22.00, provided that
			 said training:
(a) Was provided by a state or
			 EPA-sponsored or approved training provider, and
(b) Was substantially equivalent in length
			 and content to the training specified by
			 454 CMR 22.00 for the
			 discipline in which the applicant wishes to become licensed or certified. The
			 Director shall determine whether previously-supplied and out-of state training
			 courses are equivalent to the training and examination requirements of
			 454 CMR 22.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.09 - Worker Protection and Medical Monitoring Requirements

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 The requirements of
			 29 CFR
			 1926.62, and other applicable OSHA standards
			 shall apply to the personal protection and medical monitoring of employees
			 except that:
(a) In accordance with
			 454 CMR
			 22.13(1), Deleading
			 Contractors shall maintain as records the results of all personal exposure
			 monitoring, respirator fit testing, medical examinations and blood lead testing
			 conducted pursuant to the requirements of
			 29 CFR
			 1926.62(d), (f) and (j) or
			 pursuant to the requirements of 454 CMR 22.09; and
(b) The frequency of blood monitoring of
			 employees licensed as Deleader-supervisors and Deleader-workers shall be
			 governed by 454 CMR 22.09(5)(a).
(c) The personal protection and medical
			 monitoring of employees and other employees exempted from coverage by OSHA
			 standards shall be governed by the provisions of 454 CMR 22.09.