reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.10 - Notification Requirements for Deleading Projects

Current through Register 1525, July 5, 2024
(1)
General
			 Requirements
. All persons who carry out Deleading Projects, except
			 Owners of residential premises and Owners' Agents who perform Deleading Work in
			 accordance with regulations promulgated by the Director of the Childhood Lead
			 Poisoning Prevention Program at
			 105 CMR 450.000:
Lead Poisoning Prevention and Control
and M.G.L. c. 111,
			 § 197(d), shall satisfy the notification requirements of 454 CMR 22.10
			 prior to carrying out said work. All Deleading Work notifications required by
			 454 CMR 22.10(2) and (3) shall be in a manner approved jointly by DLS and
			 CLPPP. All applicable sections of each notification form shall be accurately
			 completed. All Deleading notifications shall minimally include: the address of
			 the residence or facility, the name of the Owner, the name, business address
			 and license number (where applicable) of the Deleading Contractor or Lead-safe
			 Renovation Contractor conducting the Deleading Work, the start date and
			 estimated completion date for the work, the work methods to be used (scraping,
			 covering, replacement, encapsulation,
etc
.) and whether the
			 work will be conducted as Class I, Moderate-risk or Low-risk Deleading Work.
			 All notifications required by 454 CMR 22.10 shall be submitted electronically
			 to: the Director, the Director of CLPPP, the Massachusetts Historical
			 Commission if the residence is listed on the
State Register of Historic
			 Places
, and the local board of health or code enforcement agency. In
			 addition, and in the same manner, such notifications shall be mailed to all
			 residents of any building in which any Common Areas are to be deleaded, and to
			 the residents of each individual unit to be deleaded.
(2)
Requirements for Class I
			 Deleading Projects
. The Deleading Contractor shall provide the
			 notification specified by 454 CMR 22.10(1) at least ten days before the project
			 start date.
(3)
Requirements for Moderate-risk Deleading Projects
.
			 Where Moderate-risk Deleading Work is carried out by a licensed Deleading
			 Contractor, or a Lead-safe Renovation Contractor in accordance with
			 454
			 CMR 22.12(2), said
			 Contractor shall provide the notification specified by 454 CMR 22.10(1) at
			 least five business days before the project start date.
(4)
Requirements for Low-risk
			 Deleading Projects
. Where Low-risk Deleading Work is carried out
			 by a licensed Deleading Contractor or Lead-safe Renovation Contractor in
			 accordance with
			 454
			 CMR 22.12(3), said
			 Contractor shall provide the notification specified by 454 CMR 22.10(1) at
			 least five business days before the project start date.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.11 - Work Practices and Other Requirements for Renovation Work

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 The requirements of 454 CMR 22.11 shall apply to all Renovation Work, except:
(a) Renovation Work for which a Lead Paint
			 Inspector or Risk Assessor certified pursuant to
			 105 CMR 460.000:
Lead Poisoning Prevention and Control
has made a determination
			 that the surfaces affected by the Renovation are free of paint or other surface
			 coatings that contain lead equal to or in excess of 1.0 milligrams per square
			 centimeter or 0.5% by weight and where the entity performing the work has
			 obtained a signed statement to that effect; or
(b) Renovation Work for which a Certified
			 Lead-safe Renovator-supervisor, using a Recognized Test Kit, as specified by 40
			 CFR Parts 745.83 and 745.88, and following the Kit manufacturer's instructions,
			 has tested each component affected by the Renovation in accordance with
			 protocols taught in the training course for Certification of Lead-safe
			 Renovator-supervisors and determined that the components are free of paint or
			 other surface coatings that contain lead equal to or in excess of 1.0
			 milligrams per square centimeter or 0.5% by weight. If the components make up
			 an integrated whole, such as would the individual stair treads and risers of a
			 single staircase, the Certified Lead-safe Renovator-supervisor is required to
			 test only one of the individual components, unless the individual components
			 appear to have been repainted or refinished separately.
Where the testing specified by 454 CMR 22.11(1)(a) or (b) has
				not been carried out, work that results in the disturbance of greater than six
				square feet of painted surface per room on the interiors of buildings, or
				greater than 20 square feet of painted surface on the exterior of a building,
				or involves window replacement or partial demolition of painted surfaces shall
				be carried out as Renovation Work in accordance with 454 CMR 22.11. Where, in
				accordance with 454 CMR 22.11(1)(a), a Lead Paint Inspector or Risk Assessor
				has made the determination that the surfaces affected by the Renovation are
				free of paint or other surface coatings that contain lead equal to or in excess
				of 1.0 milligrams per square centimeter or 0.5% by weight, Lead-safe Renovation
				Contractor or other entity performing the work shall maintain a signed
				statement to that effect as a record pursuant to
				454 CMR
				22.13(2)(c). Where the
				Lead-safe Renovator-supervisor assigned to the Renovation Project makes the
				determination specified at 454 CMR 22.11(1)(b), the results of such testing,
				including a schematic or a description of the locations where testing was
				performed, shall be maintained as a record pursuant to
				454 CMR
				22.13(2)(c).
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.13 - Recordkeeping Requirements

Current through Register 1525, July 5, 2024
(1)
Deleading Projects Carried out by Deleading Contractors, Including
			 Moderate Risk Deleading Projects Carried out by Lead-safe Renovation
			 Contractors
. Deleading Contractors and Lead-safe Renovation
			 Contractors shall maintain the records listed at 454 CMR 22.13(1)(a) through
			 (e), and shall present such records to the Director, or his or her
			 representative, upon request. Records required to be kept by 454 CMR
			 22.13(1)(a) through (c) shall be kept on-site. All other records required to be
			 kept by 454 CMR 22.13(1) shall be kept at the principal place of business of
			 the Deleading Contractor or Lead-safe Renovation Contractor. Deleading
			 Contractors and Lead-safe Renovation Contractors whose principal place of
			 business is outside the Commonwealth shall present the records listed at 454
			 CMR 22.13(1)(d) and (e), or notarized copies of the same, within five business
			 days of the Director's request.
(a) Copies of
			 all Deleading and Lead-safe Renovation Licenses required to be held by said
			 contractor and members of his or her workforce.
(b) Copies of Training Certificates for all
			 members of his or her deleading workforce. Where a Lead-safe Renovation
			 Contractor carries out Moderate Risk Deleading Work, as allowed by
			 454 CMR
			 22.03(2)(b), the Training
			 Certificates maintained shall include a Training Certificate for the supervisor
			 who supervised each such Moderate Risk Deleading Project, which shall indicate
			 that each such supervisor was trained as a Deleader-supervisor, as specified by
			 454 CMR 22.08(4)(c) and
			 (f), as applicable, or as Lead-safe
			 Renovator-supervisor Moderate Risk Deleading Option, as specified by
			 454 CMR 22.08(e) and
			 (f), as applicable.
(c) The sign in/out logs required by
			 454
			 CMR 22.12(1)(a)10. and
			 (2)(a)8., as applicable.
(d) Copies
			 of all medical documents required by
			 454 CMR
			 22.09 or
			 29 CFR
			 1926.62, including physicians' statements,
			 the results of all physical examinations, blood lead level and respirator fit
			 tests and any other medical documentation required by
			 29 CFR
			 1926.62.
(e) Copies of all notification forms as
			 required by
			 454 CMR
			 22.10, results of tape tests, patch tests,
			 and all personal and environmental air and dust wipe monitoring, all
			 declarations of performance required by
			 454
			 CMR 22.12(1)(f) and
			 (2)(b)5., and a list of the names of all
			 deleaders or renovators who were involved in each operation.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.14 - Cease Work Orders and Responsibility for Compliance

Current through Register 1525, July 5, 2024
(1)
Cease-work
			 Orders
. The Director or his or her representative may issue an
			 immediately effective cease work order to any person whose activities are
			 subject to
			 454 CMR 22.00 and who
			 violates the terms or conditions of any Certificate or License issued, any work
			 practice required under
			 454 CMR 22.00 or M.G.L. c.
			 111, §§ 189A through 199B, or any regulation or order issued
			 thereunder, if such violation will endanger or materially impair the health or
			 well-being of any occupant of a residence, Inspector, deleader or any person
			 employed in performing Renovation or Deleading Work.
(2)
Responsibility for
			 Compliance
. All business entities, Responsible Persons, Deleading
			 Contractors, Deleader-supervisors, Deleader-workers, Lead-safe Renovation
			 Contractors, Lead-safe Renovator-supervisors, and any other individuals
			 performing work subject to the requirements of
			 454 CMR 22.00 shall be
			 responsible for compliance with the provisions thereof.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 454 CMR 23.00 is to establish
			 an Occupational Lead Poisoning Registry in order to assist in the
			 identification and treatment of workers exposed to lead and to reduce the
			 incidence of occupational lead poisoning in the Commonwealth.
			 454 CMR 23.00 will define
			 clinical laboratory reporting requirements and responsibilities of health care
			 providers.
(2)
Scope
.
			 454 CMR 23.00 applies to
			 every Massachusetts clinical laboratory that performs blood lead testing
			 on-site or that sends blood specimens to out-of-state laboratories for lead
			 testing; and to health care providers who order blood lead testing on
			 individuals 15 years of age or older.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
Clinical Laboratory
. A facility or
				place, however named, the purpose of which is to make biological, serological,
				chemical, immunohematological, cytological, pathological, or other examinations
				of materials derived from a human body.
Department
. The Department of Labor
				Standards.
Elevated Blood Lead Level
. A blood
				lead level greater than zero micrograms per deciliter.
Health Care Provider
. Any physician,
				physician's assistant, nurse practitioner, nurse, hospital, clinic or health
				maintenance organization.
Lead Registry
. The Occupational Lead
				Poisoning Registry located within the Department of Labor Standards.
Reporting Laboratory
. A laboratory
				responsible for reporting a blood lead analysis to the Department under
				454 CMR
				23.03(1)(a).
Testing Laboratory
. A laboratory which
				performs a blood lead analysis.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.03 - Clinical Laboratory Reporting

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a) A laboratory which performs blood lead
			 testing on site or which sends blood lead specimens to out-of-state
			 laboratories for lead testing shall report cases of elevated blood lead levels
			 for all individuals 15 years of age or older, or for all individuals where data
			 on age is not available, to the Lead Registry.
(b) An individual 15 years of age or older is
			 any person who has passed his or her 15th birthday.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.04 - Responsibilities of Health Care Providers

Current through Register 1525, July 5, 2024
(1)
			 Upon written or telephone request of the Department, a health care provider who
			 has ordered a blood lead test shall provide the patient's address and telephone
			 number to the Lead Registry, and, when known, the following information:
(a) Race and ethnicity;
(b) Date of birth;
(c) Circumstances of lead exposure;
(d) Occupation;
(e) Type of industry of employer of person
			 tested; and
(f) Employer's name,
			 address and telephone number.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.05 - Confidentiality

Current through Register 1525, July 5, 2024
(1) The clinical laboratory report and the
			 patient information provided by the health care provider shall be maintained
			 confidential and are not matters of public record.
(2) The Department of Public Health shall
			 have full access to this information for the purposes of research and
			 analysis.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 23.00 - Occupational Lead Poisoning Registry › Section 23.06 - Enforcement

Current through Register 1525, July 5, 2024
(1) Any person who violates any provision of
			 454 CMR 23.00 shall be
			 subject to a civil penalty not to exceed $500 for each violation.
(2) Each day such violation occurs or
			 continues shall be considered a separate violation.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
454 CMR 24.00 governs matters
				relating to the operation, licensing and registration of permanent and
				temporary staffing agencies, and to implement the requirements of the Temporary
				Workers Right to Know Law.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.03 - Requirements for Licensure of Employment Agencies and Registration of Placement Agencies

Current through Register 1525, July 5, 2024
(1)
Requirement for Licensure of Employment Agencies
. No
			 Person shall advertise, operate or maintain an Employment Agency in
			 Massachusetts unless that Person is in possession of a current Employment
			 Agency License issued pursuant to
			 454
			 CMR 24.04, regardless of whether or not said
			 Person has an office for conducting Employment Agency work in
			 Massachusetts.
(2)
Requirement for Registration of Placement Agencies
.
			 Placement Agencies, as defined in
			 454 CMR 24.02, shall
			 be registered in accordance with
			 454
			 CMR 24.04.
(3)
Names and
			 Locations
. Each name and each location being advertised, operated,
			 or maintained by an Employment Agency must be individually licensed. Each name
			 and each location being advertised, operated, or maintained by a Placement
			 Agency must be individually registered.
(4)
Theatrical Booking
			 Agencies
. A theatrical booking agency, as defined at M.G.L. c.
			 140, § 180A, that also places Models, must, in addition to being licensed
			 under M.G.L. c. 140, § 180C, be duly licensed with the Department as an
			 Employment Agency or registered as a Placement Agency, as applicable.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.05 - Application Procedures and Pre-requisites for Issuance of Employment Agency Licenses

Current through Register 1525, July 5, 2024
(1)
Application Requirements
. In making the application
			 for a License, the License Applicant must establish to the satisfaction of the
			 Department that:
(a) Persons who will conduct
			 placement activities for the Employment Agency will have at least two years of
			 experience as a placement employee, or have been engaged in equivalent
			 personnel management-related activities.
(b) The forms used by the Agency fairly,
			 clearly, and fully represent the terms and conditions between the proposed
			 Employment Agency and a Job Applicant or Worker, including the employment
			 relationship among all parties and the contractual terms.
(c) The Owner of the Employment Agency is a
			 person of good character and responsibility. Determinations of character and
			 responsibility will be made through affidavits supplied by the applicant
			 pursuant to
			 454
			 CMR 24.04(1)(o), the
			 Department's review of the applicant's CORI report in accordance with the
			 Department's CORI policy, and sworn testimony offered by any person to the
			 Department during the hearing referenced at 454 CMR 24.05(3).
(d) The License Applicant is in compliance
			 with state tax, unemployment insurance contributions, and workers' compensation
			 insurance laws as determined by the applicable state agency.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.06 - Renewal of Employment Agency Licenses and Placement Agency Registrations

Current through Register 1525, July 5, 2024
(1)
License and Registration
			 Period
. Employment Agency Licenses and Registrations for Placement
			 Agencies and any renewals thereof shall be valid for a period of one year
			 following the date of issuance.
(2)
Renewal Application
. Agencies renewing their
			 Employment Agency Licenses shall submit to the Department a completed Renewal
			 Application for Employment Agency License on a form issued by the Director not
			 later than 30 days prior to the expiration date of the License. Said
			 application shall contain the items specified at
			 454
			 CMR 24.04(2). Agencies
			 renewing their Registrations for Placement Agencies shall submit to the
			 Department a completed Renewal Application for Placement Agency Registration
			 not later than 30 days prior to the expiration of the Registration. Said
			 application shall contain the items specified at
			 454
			 CMR 24.04(3). The Department
			 shall make administrative decisions on the applicability and classifications of
			 renewal applications for Employment Agency Licenses and Placement Agency
			 Registrations in accordance with the provisions of
			 454
			 CMR 24.04(4).
(3)
Operation of Agency Without a
			 License or Registration
. It is the responsibility of the Licensee
			 or Registrant to keep the License or Registration current. The operation of an
			 Agency without a License or Registration may subject the Agency to civil
			 penalties pursuant to
			 453 CMR 9.04:
Civil Citations
.
(4) In addition to any civil administrative
			 penalty assessed, any agency found to be operating without a current license or
			 registration may, as a penalty, be back charged the initial or renewal fee for
			 the period of time for which they were operating without said license or
			 registration.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.08 - Information Required to Be Furnished to Job Applicants or Workers by Staffing Agencies

Current through Register 1525, July 5, 2024
(1) Before each new
			 assignment, each staffing agency shall provide each Worker with the information
			 specified at 454 CMR 24.08(1)(a) through (j). This information may be provided
			 in person, in writing, electronically or by telephone; however, all of the
			 information must be confirmed in writing and provided to the worker before the
			 end of the first pay period for such assignment or employment. The Agency is
			 responsible for ensuring that each Worker understands the specified
			 information. Job Orders are available in multiple languages from the
			 Department, and the Department may obtain additional translations at its sole
			 discretion upon request. The Department recommends that Agencies provide Job
			 Orders in a language that the Worker understands.
(a) the name, address and telephone number of
			 the:
1. staffing agency or the contact
			 information of the agent facilitating the placement;
2. the workers compensation carrier of the
			 staffing agency;
3. the work site
			 employer; and
4. the
			 department.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.10 - Provisions and Restrictions Relating to Charges by Staffing Agencies and Work Site Employers

Current through Register 1525, July 5, 2024
(1) No Staffing
			 Agency or Work Site Employer or a person acting directly or indirectly in
			 either's interest shall deduct any costs or charges from the wages of a Job
			 Applicant or Worker except for those deductions permitted by law. Unlawful
			 deductions include but are not limited to deductions for damaged, lost, or
			 stolen property of the Work Site Employer, Staffing Agency, or third parties,
			 deductions for transportation other than those expressly allowed by
			 454
			 CMR 24.15, deductions for the purchase or
			 cleaning of uniforms, deductions for supplies or equipment used by the Job
			 Applicant or Worker, deductions for any other business-related or job-related
			 expenses or losses incurred by the Work Site Employer or Staffing Agency, and
			 any other deductions prohibited by M.G.L. c. 151 and its regulations and M.G.L.
			 c. 149, §§ 148 and 150. No staffing agency or work site employer or a
			 person acting directly or indirectly in either's interest shall deduct any
			 costs or fees from the wages of an employee without the express written
			 authorization of the employee. A staffing agency or work site employer shall
			 furnish to the employee a copy of the signed authorization in a language that
			 the employee understands. Written authorization does not make a deduction
			 lawful if it is otherwise unlawful.
(2) No Staffing Agency or Work Site Employer
			 shall charge or accept any form of consideration from a Worker or Job Applicant
			 for:
(a) the cost of registration of the
			 Staffing Agency or the cost of procuring employment;
(b) Any good or service unless under the
			 terms of a written contract with a Worker or Job Applicant which clearly states
			 in a language which the Job Applicant or Worker can understand that the
			 purchase is voluntary and which provides that the Staffing Agency will not gain
			 a profit from any charge to the Worker or Job Applicant;
(c) The provisions of any of the following
			 that exceed the actual cost per Job Applicant or Worker: bank card, debit card,
			 payroll card, voucher, draft, money order, or similar form of payment of wages,
			 or any drug screen;
(d) A CORI
			 request;
(e) transportation, except
			 as provided in
			 454
			 CMR 24.15; or
(f) any good or service the payment of which
			 would cause the Worker or Job Applicant to earn less than the applicable
			 minimum wage.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.11 - Requirements and Restrictions Relating to the Placement of Domestic Employees by Employment Agencies

Current through Register 1525, July 5, 2024
(1)
Requirements Relating to Transportation
. If an
			 Employment Agency has directly or indirectly arranged for the transportation of
			 a Job Applicant or Worker from outside the Commonwealth into the Commonwealth
			 to work as a Domestic Employee, said transportation of such Job Applicant or
			 Worker shall be by duly licensed common carriers of passengers.
(2)
Requirements for Lodging and
			 Meals
. If an Employment Agency is directly or indirectly
			 responsible for bringing a Job Applicant or Worker from outside the
			 Commonwealth into the Commonwealth to work as a Domestic Employee, the
			 Employment Agency shall provide at its own expense, suitable lodging and meals
			 for any Job Applicant or Worker who is not placed in Employment on the day that
			 he or she arrives in the Commonwealth until he or she is placed, or is returned
			 to the place from which he or she was recruited, or is given the option of
			 returning to such place. The Employment Agency shall keep complete and accurate
			 records of the places of lodging and the costs of that lodging for each Job
			 Applicant or Worker brought to the Commonwealth to work as a Domestic
			 Employee.
(3)
Requirements for Return Fare
. If an Employment Agency
			 is directly or indirectly responsible for bringing into the Commonwealth, a Job
			 Applicant or Worker from outside the Commonwealth to work as a Domestic
			 Employee, the Employment Agency shall provide, at its own expense, the return
			 fare and reasonable allowance for one day's meals to any such Job Applicant or
			 Worker who was not placed in Employment, or who was placed in Employment and
			 said Employment terminated within 30 days thereafter and who is without
			 Employment, and desires to return to the place from which he or she was
			 recruited. The Employment Agency shall make available to the Department, proof
			 of payment of said travel and meals expenses.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.12 - Unlawful Practices by Employment Agencies

Current through Register 1525, July 5, 2024
An Employment Agency shall not engage in any of the following
				activities or conduct:
(1) Distribute,
			 circulate or provide any false, fraudulent or misleading information,
			 representation, promise, notice or advertisement to any Job Applicant or
			 Worker;
(2) Advertise or utilize
			 any printed materials using any name or address other than that which has been
			 licensed by the Department.
(3)
			 Direct a Job Applicant or Worker to an Employer or Client without having first
			 obtained a recent
bona fide
Order; provided, that:
(a) a qualified Job Applicant or Worker may
			 be directed to an Employer or Client who requests interviews with qualified Job
			 Applicants or Workers; and
(b) an
			 Employment Agency may attempt to sell the services of a Job Applicant or Worker
			 to an Employer or Client from whom no work order has been received, as long as
			 this information is disclosed to the Job Applicant or Worker in writing before
			 he or she is directed to said Employer or Client. An Agency may direct a Job
			 Applicant or Worker to an employment, engagement, work assignment, or job by
			 telephone, but such telephone message shall comply with the disclosure
			 requirements of
			 454
			 CMR 24.07, and shall be, within two business
			 days of the date of assignment, confirmed in writing or electronically by the
			 Agency and sent to the Job Applicant or Worker. Any Job Applicant or Worker who
			 is referred to a Client contrary to the provisions of 454 CMR 24.12(3)(b)
			 without obtaining employment, engagement, work assignment, or job, shall be
			 fully reimbursed by the Employment Agency for all ordinary and necessary travel
			 expenses incurred by the Job Applicant or Worker as a result of such referral,
			 within one business day of requesting such reimbursement.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.13 - Unlawful Practices by Staffing Agencies

Current through Register 1525, July 5, 2024
A Staffing Agency shall not engage in any of the following
				activities or conduct:
(1) Knowingly
			 issue, distribute, circulate or provide any false, fraudulent or misleading
			 information, representation, promise, notice or advertisement to any Job
			 Applicant or Worker;
(2) Use any
			 name that has not been registered with the Department under M.G.L. c. 140 in
			 the advertisement of its services;
(3) Assign or place a Job Applicant or Worker
			 in employment by force or fraud, for illegal purposes or where the employment
			 is or would be in violation of state or federal laws governing minimum wages,
			 child labor, or compulsory education, including, but not limited to, M.G.L. c.
			 151, §§ 1 through 22, c. 149, §§ 56 through 105 or c. 76,
			 § 1, or required licensure or certification, or in any location that is on
			 strike or lockout without notifying the job applicant or worker of this
			 fact;
(4) Refuse to return on
			 demand any personal property belonging to a Job Applicant or Worker or cost
			 that is charged or accepted by the Staffing Agency or Work Site Employer in
			 excess of the amounts allowable under the Temporary Workers Right to Know
			 Law;
(5) Retaliate against a Job
			 Applicant or Worker in connection with the Job Applicant or Worker exercising
			 his or her rights under the Temporary Workers Right to Know Law as provided
			 under M.G.L. c. 149, § 148A.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.14 - Record-keeping Requirements

Current through Register 1525, July 5, 2024
(1) All Agencies
			 shall maintain a separate file for each Worker or Job Applicant which shall, at
			 a minimum, contain the following information:
(a) his or her name, phone number, email
			 address, if any, and mailing address;
(b) dated job application, or
			 resume;
(c) the Job
			 Order;
(d) anticipated duration of
			 assignment;
(e) total Applicant
			 Fees, if any; and
(f)
			 transportation arrangements and related charges, if any; and
(g) other charges, if any.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.15 - Limitations on Transportation Expenses Charged by Work Site Employers and Agencies

Current through Register 1525, July 5, 2024
If an Agency or Work Site Employer or a person acting directly
				or indirectly in either's interest offers transportation services that
				Temporary or Part-time Workers may utilize, the Agency or the Work Site
				Employer or a person acting directly or indirectly in either's interest is
				prohibited from charging more than the actual cost of each Worker's
				transportation or 3% of the Worker's daily wages, whichever is less. The
				transportation charge shall not reduce the Worker's total daily wages below the
				applicable minimum wage earned for that day. If an Agency or Work Site Employer
				or a person acting directly or indirectly in either's interest requires the use
				of transportation services, there shall be no charge or cost to the Job
				Applicant or Worker. Any Agency that sends a Job Applicant or Worker to a Work
				Site Employer to work where, in fact, no work exists, shall fully refund any
				reasonable costs of transportation expended by the Job Applicant or Worker to
				the Worker within seven calendar days of the date the Job Applicant or Worker
				was sent to the Work Site.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.16 - Inspections Conducted by the Department

Current through Register 1525, July 5, 2024
(1)
Right of Inspection
. The Department shall have the
			 right to inspect the premises and records of all Agencies and to interview
			 Clients, Employers, Job Applicants and Workers. The Director may suspend or
			 revoke the license of any Employment Agency that fails to furnish agency
			 records and requested information to the Department and its inspector, or if
			 the Employment Agency hinders or interferes with any authorized inspector while
			 in the performance of his or her duties.
(2)
Subpoena
			 Authority
. The Director, when investigating any matter pertaining
			 to the issuance, transfer, revocation, or suspension of a License, may take
			 such testimony as may be necessary on which to base an official action. When
			 taking such testimony, the Director may subpoena witnesses and also direct that
			 the Department be furnished with necessary materials, books, papers, and other
			 records.
(3)
Semi-annual Inspections of Licensed Employment
			 Agencies
. The Department shall inspect the Employment Agency every
			 six months, except that, following the initial inspection of the premises and
			 records of the Employment Agency, if the location of the Employment Agency has
			 not changed since the initial inspection, and the Employment Agency has no
			 outstanding violations or complaints pending against it, the Department may
			 elect to engage in a documentary inspection of the Employment Agency.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.18 - Revocation, Suspension of License

Current through Register 1525, July 5, 2024
If it is revealed, through inspection, investigation, hearing,
				or any other means, that an Employment Agency or any representative thereof is
				guilty of any fraudulent or illegal conduct in connection with the operation of
				such Agency, or of any violation of the provisions of M.G.L. c. 140,
				§§ 46B through 46R and
				454 CMR 24.00, the Director
				may suspend or revoke the license of such Employment Agency. If the Director
				suspends or revokes the license of any Employment Agency, said action shall be
				subject to judicial review in proceedings brought pursuant to M.G.L. c. 30A. If
				a license is revoked, another license shall not be issued within three years
				from the date of such revocation to said licensed person or his
				representative.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.19 - Violations of the Employment Agency Statute: Civil Administrative Penalties

Current through Register 1525, July 5, 2024
Violations of the Employment Agency Statute and regulations
				promulgated thereunder subject violators to civil penalties as provided in 454
				CMR 29.00:
Civil Administrative Penalties
and to criminal
				penalties as provided in M.G.L. c. 140, § 46R.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.20 - Violations of the Temporary Workers Right to Know Law

Current through Register 1525, July 5, 2024
Violations of the Temporary Workers Right to Know Law and
				regulations promulgated thereunder subject violators to civil citations,
				orders, penalties or redress as provided in M.G.L. c. 149.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.21 - Confidentiality

Current through Register 1525, July 5, 2024
Information secured pursuant to M.G.L. 140, §§ 46A
				through 46Q shall be confidential and for the exclusive use and information of
				the Director in the discharge of his or her duties hereunder or as otherwise
				permitted or required by applicable law. If the Director takes an action
				against any person operating an Employment Agency or Placement Agency, the
				action may be disclosed to the public. The Department shall make available to
				the public lists of Licensed Employment Agencies and Placement Agencies who
				have received a Certificate of Registration pursuant to
				454
				CMR 24.04(3)  and
				24.06(2).
				Such lists shall contain, at a minimum, the name which has been Licensed or
				Registered, the Licensed or Registered Agency's address, telephone number, the
				License or Registration number assigned by the Department, and whether the
				Agency is a staffing agency as defined in M.G.L. c. 149, § 159C and
				454 CMR
				24.02.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.22 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				454 CMR 24.00 are severable.
				If any provision or application thereof is held to be invalid by a court of
				competent jurisdiction, such invalidity will be severed and will not affect the
				remainder of
				454 CMR
				24.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 454 CMR
			 25.00 is to provide public-sector employees safe and
			 healthful work environments free from recognized hazards that may cause serious
			 injury, physical harm, or death on par with the level of protection provided
			 under the Occupational Safety and Health Act of 1970.
(2)
Scope
.
			 454 CMR
			 25.00 shall apply to all "public employers" and
			 "public employees" as defined in M.G.L. c. 149, § 6½.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.02 - Applicable Standards

Current through Register 1525, July 5, 2024
The standards set forth under the Occupational Safety and
				Health Act of 1970, 29
				U.S.C. §
									651,
et seq
.,
				including the General Duty Clause under
				29 U.S.C. §
									654, which provides, "Each employer (a) shall
				furnish to each of its employees employment and a place of employment which are
				free from recognized hazards that are causing or are likely to cause death or
				serious physical harm to its employees; (b) shall comply with occupational
				safety and health standards promulgated under this act. Each employee shall
				comply with occupational safety and health standards and all rules,
				regulations, and orders issued pursuant to this act which are applicable to the
				employee's own actions and conduct." All current and updated regulations and
				references at 29 CFR Parts
				1903,
				1904,
				1910,
				1915,
				1917,
				1918,
				1926,
				1928 and
				1977 are incorporated by
				reference, and applicable to all places of employment covered by
				454 CMR
				25.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.03 - Inspections

Current through Register 1525, July 5, 2024
(1) The Department of Labor Standards shall
			 have the authority set forth in M.G.L. c. 149, §§ 6, 6½, 10
			 and 17 and 29 CFR Part 1903 to conduct inspections of all places of employment
			 covered by M.G.L. c. 149 § 6½ including, but not limited to, the
			 authority to:
(a) enter without delay and at
			 reasonable times any place of employment where work is performed by an employee
			 or where there is reason to believe that a violation of safety or health
			 standard exists or where there is reason to believe the employer is not
			 furnishing to each employee a place of employment which is free from recognized
			 hazards, per the General Duty Clause and examine the methods of protection from
			 accident, the means of escape from fire, the sanitary provisions, the lighting
			 and means of ventilation, and determine what suitable safety devices or other
			 reasonable means or requirements for the prevention of accidents or industrial
			 or occupational diseases shall be adopted or followed, and conduct such
			 investigations as the department may deem necessary;
(b) inspect and investigate during the
			 employer's regular working hours and at other reasonable times any place of
			 employment and all pertinent conditions, structures, machines, apparatus,
			 devices, equipment and materials therein; and
(c) question privately any employer, owner,
			 manager, agent or employee, and review all records required by
			 454
			 CMR 25.06 or
			 454
			 CMR 25.02 including, but not limited to,
			 records regarding:
1. Any claimed safety or
			 health violation;
2. Work-related
			 deaths, injuries and illnesses other than minor injuries which require only
			 first aid treatment and which do not involve medical treatment, loss of
			 consciousness, restriction of work or of motion, or transfer to another
			 job;
3. Any potential safety or
			 health hazard at any place of employment;
4. Employee exposure to potentially toxic
			 materials or other harmful physical agents which
			 454
			 CMR 25.06 requires to be monitored or
			 measured;
5. Any other employer
			 activities relating to 29
			 U.S.C. §
											651,
et
			 seq
.;
6. Training records
			 including, but not limited to, certificates, letters of completion and other
			 personnel records, as well as agency records of training, such as rosters,
			 agendas, and curriculum; and
7.
			 Written programs, including required safety programs as stipulated by the
			 applicable standards referenced in
			 454
			 CMR 25.02, standard operating procedures,
			 policies, and other written programs.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.04 - Posting of Notice

Current through Register 1525, July 5, 2024
(1)
(a) Each employer shall post and keep posted
			 a notice or notices furnished by the Department, informing employees of the
			 protections and obligations provided by
			 454 CMR
			 25.00 and for assistance and information, including
			 copies of 29 U.S.C. §
										651,
et seq
. and of specific
			 safety and health standards. Such notice or notices shall be posted by the
			 employer in each worksite and facility in a conspicuous place or places where
			 notices to employees are customarily posted. Each employer shall take steps to
			 ensure that such notices are not altered, defaced, or covered by other
			 material.
(b) Reproductions or
			 facsimiles of such federal or state posters shall constitute compliance with
			 the posting.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.05 - Compliance

Current through Register 1525, July 5, 2024
(1) In exercising the authority set forth in
			 454 CMR
			 25.00, the Department may take action and shall follow
			 the procedures set forth in
			 454 CMR
			 29.00:
Civil Administrative
			 Penalties
.
(2) If the
			 Department determines that an employer has violated a provision of
			 454 CMR
			 25.00, the Department shall, within 180 days of the
			 completion of inspection processes conducted by the Department, issue to the
			 employer a written Order to Correct, which shall include:
(a) A description of the nature of each
			 violation, including a reference to the provision of the section, standard,
			 regulation, or order alleged to have been violated;
(b) the corrective action(s) to abate the
			 violations; and
(c) an abatement
			 date for each violation.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.06 - Recordkeeping and Reporting Requirements

Current through Register 1525, July 5, 2024
(1) All employers
			 shall keep records concerning occupational injuries, illnesses, deaths, and
			 exposure to toxic materials in compliance with regulations promulgated under
			 29 U.S.C. §
									651,
et seq
., as set forth
			 in 29 CFR Part 1904.
(2) The
			 personnel administrator shall prescribe the recordkeeping mechanism state
			 agencies shall use to keep such required records under 29 CFR Part 1904,
			 provided the Department has full access to the agency records.
(3) All employers that have workplaces
			 selected by the Bureau of Labor Statistics as sample units for participation in
			 the annual Bureau of Labor of Statistics' Survey of Occupational Injuries and
			 Illnesses shall comply with the survey's reporting requirements relating to
			 injury and illness data.
(4) Per 29
			 CFR Part 1904, all employers shall report work-related injuries and illnesses
			 that result in the death of an employee within eight hours of the occurrence,
			 and those that result in amputation, loss of an eye, or in-patient
			 hospitalization to the Department within 24 hours.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.07 - Retaliation

Current through Register 1525, July 5, 2024
(1) No person shall discharge or in any
			 manner discriminate against any employee because the employee has:
(a) filed any complaint under or related to
			 454 CMR
			 25.00;
(b)
			 instituted or caused to be instituted any proceeding under or related to
			 454 CMR
			 25.00;
(c)
			 testified or is about to testify in any proceeding under or related to
			 454 CMR
			 25.00; or
(d) exercised on his or her own behalf or on
			 behalf of others any right afforded by
			 454 CMR
			 25.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.09 - State Plan

Current through Register 1525, July 5, 2024
The Department may, after consultation with its occupational
				health and safety hazard advisory board, develop a State plan which provides an
				occupational safety and health program for the protection of public employees
				for approval by the Assistant Secretary of Labor for Occupational Safety and
				Health under 29 CFR Part 1956.10.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 25.00 - Occupational Safety And Health For State Workers › Section 25.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				454 CMR
				25.00 shall be held inconsistent with the laws of the
				Commonwealth, or held unconstitutional, either on its face, or as applied, the
				inconsistency or unconstitutionality shall not affect the remaining
				provisions.