reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.01 - Authority, Purpose, and Scope

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 454 CMR
			 26.00 is promulgated under the authority of M.G.L. c.
			 23, §§ 1, and 11E through 11W.
(2)
Purpose
.
			 454 CMR
			 26.00 establishes:
(a) Criteria under which the Executive Office
			 of Labor and Workforce Development Department of Labor Standards' Division of
			 Apprentice Standards may continue to be recognized as an appropriate agency for
			 registering local apprentice programs for federal purposes pursuant to the
			 Fitzgerald Act,
			 29 U.S.C.
			 50 and the federal regulations promulgated
			 thereunder,
			 29 CFR 29.1
			 through
			 29.14;
(b) Minimum standards governing
			 apprenticeship in Massachusetts to maintain the integrity of employment-based
			 training programs and to safeguard the welfare of Massachusetts
			 apprentices;
(c) Application
			 procedures and requirements for obtaining status as a Massachusetts registered
			 apprentice program;
(d) Procedures
			 for redressing noncompliance by apprentices or apprentice program sponsors with
			 any Massachusetts or federal law governing apprenticeship; and
(e) Notice and recordkeeping requirements
			 with which all registered apprentice programs must comply.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.03 - Eligibility and Procedure for Apprentice Program Registration

Current through Register 1525, July 5, 2024
(1) No apprenticeship program sponsor shall
			 be eligible for registration unless:
(a) The
			 occupation at issue is an apprenticeable occupation as defined in
			 454 CMR
			 26.02;
(b) The terms and conditions of the proposed
			 apprentice program comply with the requirements of M.G.L. c. 23, §§
			 11E through 11L and
			 454 CMR
			 26.00; and
(c) The proposed apprentice program conforms
			 to the Massachusetts State Plan for Equal Employment Opportunity in
			 Apprenticeship and Training.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.05 - Registration for Pre-apprentices and Pre-apprentice Programs

Current through Register 1525, July 5, 2024
(1) All registered pre-apprentice programs
			 must comply with the following standards:
(a)
			 The pre-apprentice program must have an organized, written plan embodying the
			 terms and conditions of training and supervision of one or more pre-apprentices
			 in an apprenticeable occupation, and a written agreement with a registered
			 apprentice sponsor. The agreement with the registered apprentice training
			 sponsor must provide that graduating pre-apprentices will be provided with a
			 predetermined form of articulated credit if they are accepted into the
			 registered apprentice program through the program intake procedures.
(b) The pre-apprentice program standards must
			 contain provisions that address:
1.The related
			 classroom training of the pre-apprentice in a skilled occupation.
2.The program sponsor's determination of the
			 appropriate curriculum for the apprenticeable occupation for which the program
			 sponsor is registered, subject to approval by the Division.
3.Organized instruction in technical subjects
			 related to the occupation. The Division recommends 150 hours for each year of
			 pre-apprenticeship. The instruction in technical subjects may be accomplished
			 through classroom, occupational or industry courses, electronic media, or other
			 instruction approved by the Director.
4.Periodic review and evaluation of the
			 pre-apprentice's performance in related instruction; and the maintenance of
			 appropriate progress records.
5.Adequate and safe equipment and facilities
			 for training and supervision, and safety training for pre-apprentices and in
			 related instruction.
6.The
			 placement of a pre-apprentice under a written Pre-apprenticeship Agreement as
			 prescribed by the Division.
7.Assurance of qualified training personnel
			 and adequate supervision.
8.Recognition for successful completion of
			 pre-apprenticeship evidenced by an appropriate certificate issued by the
			 pre-apprentice program sponsor.
9.Name, address, telephone number, and e-mail
			 address, if available for the individual with authority under the program to
			 receive, process and make disposition of complaints.
10.The conditions under which the apprentice
			 program may discontinue its relationship with the pre-apprentice program.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.07 - Program Performance Standards

Current through Register 1525, July 5, 2024
(1) Every registered
			 apprenticeship program must have at least one registered apprentice, except for
			 the following specified periods of time, which may not exceed one year:
(a) Between the date when a program is
			 registered and the date of registration for its first apprentice(s);
			 or
(b) Between the date that a
			 program graduates a sole registered apprentice and the date of registration for
			 the next apprentice(s) in the program.
(c) The Division reserves the right to review
			 the rate at which apprentices are registered in order to determine whether a
			 program is operating in a
bona fide
manner.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.08 - Probation and Cancellation of Apprentice Agreements

Current through Register 1525, July 5, 2024
(1) The apprentice program sponsor shall
			 establish a probationary period for new apprentices during which time the
			 apprentice agreement may be canceled by any party to the agreement for any
			 reason upon notice to the Division. The probationary period shall not exceed
			 one year or 25% of the expected duration of the apprentice program, whichever
			 is shorter. Upon completion of the probationary period, the apprentice shall be
			 given full credit for the term of the probationary period toward completion of
			 the apprentice program.
(2)
			 Cancellation of apprenticeship agreements during the probationary period will
			 not have an adverse impact on a sponsor's completion rate.
(3) Following the probationary period, an
			 apprentice agreement may be canceled either by consent of all of the parties to
			 the agreement or by one or more parties upon a showing of sufficient cause. If
			 cancellation is sought by a party to the agreement other than the apprentice,
			 the apprentice shall be given notice of the proposed cancellation and a
			 reasonable opportunity to make corrective action.
(4) The apprentice program sponsor shall give
			 written notice to the Division of the cancellation of any apprentice agreement
			 and the reason(s) therefor within 30 calendar days of the
			 cancellation.
(5) At any time
			 during the period of apprenticeship, the Deputy Director may cancel an
			 apprentice agreement where he or she deems appropriate.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.09 - Deregistration of a Registered Program

Current through Register 1525, July 5, 2024
(1)
Deregistration at the Request of the Sponsor
. The
			 sponsor may voluntarily request deregistration of a program and the Department
			 may cancel the registration of an apprenticeship program by written
			 acknowledgment of such request stating the following:
(a) The registration is cancelled at the
			 sponsor's request, and the effective date thereof;
(b) That, within 15 days of the date of the
			 acknowledgment, the sponsor will notify all apprentices of such cancellation
			 and the effective date; that such cancellation automatically deprives the
			 apprentice of individual registration; that the deregistration of the program
			 removes the apprentice from coverage for Federal purposes which require the
			 Secretary of Labor's approval of an apprenticeship program, and that all
			 apprentices are referred to the Division for information about potential
			 transfer to other registered apprenticeship programs.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.10 - Reinstatement of Apprentice Program Registration

Current through Register 1525, July 5, 2024
(1) Any apprentice program deregistered
			 pursuant to
			 454 CMR
			 26.09 may be reinstated, at the discretion of
			 the Deputy Director, upon presentation to the Deputy Director of adequate
			 evidence that the condition that gave rise to the action has been rectified.
			 Following a deregistration, the apprentice sponsor may not file a request for
			 reinstatement of registration prior to six months after the effective date of
			 the deregistration.
(2) Upon
			 reinstatement of an apprentice program following a suspension, the apprentices
			 employed under such program shall be given credit for any
bona fide
hands-on training or related instruction obtained by such apprentices
			 during the period of the suspension. However, the amount of credit for hands-on
			 training shall not exceed the number of hours of such training corresponding to
			 the term of suspension in the trade in which the apprentice is
			 registered.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.11 - Complaints

Current through Register 1525, July 5, 2024
(1)454 CMR 26.11 is not applicable to any
			 complaint concerning discrimination or other equal opportunity matters; all
			 such complaints must be submitted, processed and resolved in accordance with
			 applicable provisions of M.G.L. c. 151B, or 29 CFR 30.
(2) Except for matters described in 454 CMR
			 26.11(1), any controversy or difference arising under an apprenticeship
			 agreement registered with the Division, which cannot be adjusted locally and
			 which is not covered by a collective bargaining agreement, may be submitted by
			 an apprentice, or the apprentice's authorized representative, to the Division,
			 for review. Matters covered by a collective bargaining agreement are not
			 subject to such review.
(3) The
			 complaint must be in writing and signed by the complainant, or authorized
			 representative, and must be submitted within 60 days of the final local
			 decision. It must set forth the specific matter(s) complained of, together with
			 relevant facts and circumstances. Copies of pertinent documents and
			 correspondence must accompany the complaint.
(4) The Division will render an opinion
			 within 90 days after receipt of the complaint, based upon such investigation of
			 the matters submitted as may be found necessary, and the record before it.
			 During the 90-day period, the Division will make reasonable efforts to effect a
			 satisfactory resolution between the parties involved. If so resolved, the
			 parties will be notified that the case is closed. Where an opinion is rendered,
			 copies will be sent to all interested parties.
(5) Nothing in 454 CMR 26.11 precludes an
			 apprentice from pursuing any other remedy authorized under another Federal,
			 State, or local law.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.12 - Recordkeeping

Current through Register 1525, July 5, 2024
(1) Registered apprentice program sponsors
			 shall maintain the following documents in a centralized location in
			 Massachusetts and shall make such records available to the Deputy Director:
(a) A complete copy of the apprentice program
			 sponsor's application for registration and all documentation submitted
			 therewith;
(b) Documentation
			 concerning any violations of M.G.L. c. 23, §§ 11E through 11L or
			 454 CMR
			 26.00 cited by the Division or any prior action
			 instituted by the Division to deregister the apprentice program;
(c) Copies of all current or canceled
			 apprentice agreements;
(d) Copies
			 of all certificates evidencing completion by apprentices of the apprentice
			 program;
(e) A current list of
			 journeyworkers who are members or employees of the apprentice sponsor and are
			 licensed in the trade covered by the apprentice program. The list shall include
			 the license numbers of each such journeyworker;
(f) Documents concerning any complaints or
			 concerns by apprentices and efforts by the apprentice program sponsor to
			 investigate and resolve such matters;
(g) Documentation of the number of hours of
			 hands-on-training provided to each apprentice in the program;
(h) Documentation of the number of hours of
			 related instruction each apprentice received in the program; and
(i) Copies of all apprentice performance
			 reviews.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.13 - Limitations of Regulations

Current through Register 1525, July 5, 2024
Nothing in
				454 CMR
				26.00 shall operate to invalidate:
(a) Any term or condition in any collective
			 bargaining agreement between employers and employees establishing more
			 stringent standards of apprenticeship; or
(b) Any special provisions instituted by the
			 apprentice program sponsor for the benefit of veterans, minority persons, or
			 women which are not otherwise prohibited by law.
(c) The provisions of any Federal or State
			 law or municipal ordinance establishing more stringent standards for apprentice
			 training programs.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.14 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				454 CMR
				26.00 is held to be unconstitutional or inconsistent,
				either on its face or as applied, with any provision of Massachusetts or
				federal law, the unconstitutionality or inconsistency shall not affect the
				remaining provisions.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. To clarify practices and policies in the
			 administration and enforcement of the Minimum Fair Wages Act.
(2)
Scope
.
			 454 CMR
			 27.00 applies to any employer who employs any person
			 in an occupation in accordance with M.G.L. c. 151.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.02 - Definitions

Current through Register 1525, July 5, 2024
Basic Minimum Wage
. The minimum wage
				rate in effect under M.G.L. c. 151, § 1 to be paid to an employee in an
				occupation as defined in M.G.L. c. 151, § 2.
Bona Fide
Educational Institution
. A
				secondary school system or an institution of higher education that has received
				accreditation from a recognized source.
Director
. The Director of the
				Department of Labor Standards.
Employ
. To suffer or permit to
				work.
Employer
. An individual, corporation,
				partnership or other entity, including any agent thereof, that employs an
				employee or employees for wages, remuneration or other compensation.
Minor
. A person younger than 18 years
				old.
Regular Hourly Rate
. The amount that
				an employee is regularly paid for each hour of work. When an employee is paid
				on a piece work basis, salary, or any basis other than an hourly rate, the
				regularly hourly rate shall be determined by dividing the employee's total
				weekly earnings by the total hours worked during the week. Regardless of the
				basis used, an employee shall be paid not less than the applicable minimum wage
				each week.
The regular hourly rate shall include all remuneration for
				employment paid to, or on behalf of, the employee, but shall not
				include:
(a) sums paid as commissions, drawing accounts, bonuses, or
				other incentive pay based on sales or production; or
(b) sums excluded under
				29
				U.S.C. §
									207(e).
Service Rate
. The hourly rate an
				employer pays to a tipped employee, which may not be less than the cash wage
				set forth in M.G.L. c. 151, § 7.
Tipped Employee
. An employee who
				regularly receives gratuities of more than $20 a month.
Uniform
. All special apparel,
				including footwear, which is worn by an employee as a condition of employment.
				It shall be presumed that a uniform worn by an employee of any establishment is
				worn as a condition of employment if the uniform is of similar design, color,
				or material, or it forms part of the decorative pattern of the establishment to
				distinguish a person as an employee of the place of work. Where an employer
				requires a general type of basic street clothing, permits variation in details
				of dress, and the employee chooses the specific type and style of clothing,
				this clothing shall not be considered a uniform.
Working Time
. Includes all time during
				which an employee is required to be on the employer's premises or to be on
				duty, or to be at the prescribed work site or at any other location, and any
				time worked before or after the end of the normal shift to complete the work.
				Working time does not include meal times during which an employee is relieved
				of all work-related duties. Working time includes rest periods of short
				duration, usually 20 minutes or less.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.03 - Minimum Wage and Overtime Rates

Current through Register 1525, July 5, 2024
(1)
Basic Minimum Wage
. At least the basic minimum wage in effect under M.G.L. c. 151, § 1 must be paid to an employee in an occupation as defined in M.G.L. c. 151, § 2, unless a lesser wage is expressly permitted by law or a waiver of the basic minimum wage is granted in writing by the Director in accordance with M.G.L. c. 151, § 7 or 9.
(2)
Minimum Wage for Tipped Employees
. The minimum wage rate for a tipped employee may be comprised of both:
(a) the service rate paid by the employer; and
(b) tips actually received and retained by the employee. The sum of the service rate and the tips received by the employee must equal or exceed the basic minimum wage. The service rate shall be not less than the cash wage required to be paid to a tipped employee in M.G.L. c. 151, § 7. An employer may pay the service rate to the employee only if:
1. the employer informs such employee in writing of the provisions of M.G.L. c. 151, § 7, paragraph three;
2. the employee actually receives tips in an amount which, when added to the service rate, equals or exceeds the basic minimum wage; and
3. all tips received by the employee are either retained by him or her or are distributed to him or her through a tip-pooling arrangement. If the employee is engaged in the serving of food or beverages, a tip-pooling arrangement must conform with the requirements of M.G.L. c. 149, § 152A. Unless all three of the foregoing requirements are met, the employer must pay a tipped employee at least the full basic minimum wage.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.04 - Hours Worked

Current through Register 1525, July 5, 2024
(1)
Reporting Pay
. When an employee who is scheduled to
			 work three or more hours reports for duty at the time set by the employer, and
			 that employee is not provided with the expected hours of work, the employee
			 shall be paid for at least three hours on such day at no less than the basic
			 minimum wage. 454 CMR 27.04 shall not apply to organizations granted status as
			 charitable organizations under the Internal Revenue Code.
(2)
On-call Time
.
			 All on-call time is compensable working time unless the employee is not
			 required to be at the work site or another location, and is effectively free to
			 use his or her time for his or her own purposes.
(3)
Sleeping Time and Working
			 Shifts
.
(a) An employee required
			 to be on duty at the work site for less than 24 hours is working even if the
			 employee is permitted to sleep or engage in other personal activities when not
			 busy.
(b) Where an employee is
			 required to be on duty at the worksite for 24 hours or more, the employer and
			 employee may agree in writing prior to performance of the work to exclude
bona fide
meal periods and a
bona fide
regularly scheduled sleeping period of not more than eight hours from
			 working time, provided the employer provides adequate sleeping quarters and the
			 employee can enjoy an uninterrupted period of sleep. If no prior written
			 agreement is made, sleeping time and meal time will constitute compensable
			 working time. If the sleeping period is interrupted by a call to duty, all time
			 on duty must be counted as working time. If the sleeping period is interrupted
			 to such an extent that the employee cannot get a reasonable period of sleep,
			 the entire period must be counted as working time.
(c) If an employee resides on an employer's
			 premises on a permanent basis or for extended periods of time, not all time
			 spent on the premises is considered working time. The employer and the employee
			 may make any reasonable written agreement as to hours worked which takes into
			 consideration all of the pertinent facts; provided, however, that the employee
			 shall be compensated for all time in which job-related duties are actually
			 performed, and on-call time shall be compensated in accordance with 454 CMR
			 27.04(2).
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.05 - Wage Payments and Deductions From Wages

Current through Register 1525, July 5, 2024
(1)
Deductions from Basic Minimum Wage
. No deduction,
			 other than those required or expressly allowed by law, and those allowed for
			 lodging and meals listed in 454 CMR 27.05(2) and (3), shall be made from the
			 basic minimum wage.
(2)
Deductions for Lodging
. An employer may deduct from
			 the basic minimum wage of an employee a sum per week as set forth in 454 CMR
			 27.05(2)(a) through (c) for lodging that is safe and sanitary, and meets the
			 standards for housing established by
			 105 CMR 410.000:
Minimum Standards of Fitness for Human Habitation (State Sanitary Code,
			 Chapter II)
, including heat, potable water, and light. If an employee
			 is paid less than the basic minimum wage for hours worked in a week in
			 accordance with a waiver under M.G.L. c. 151, § 7 or 9, a deduction for
			 lodging is not permitted.
A deduction for lodging is not permitted unless the employee
				voluntarily accepts and actually uses the room. Deductions for lodging shall
				not be made by the employer unless the employer has given the employee prior
				written notice describing the lodging, setting forth the amount to be charged
				to the employee for the lodging, and providing notice that the employee's
				acceptance of the lodging is voluntary, and the employee has provided voluntary
				written acceptance of the lodging and deductions.
Deductions for lodging shall not exceed the following
				rates.
(a) A sum not exceeding $35.00
			 per week for a room occupied by one person.
(b) A sum not exceeding $30.00 per week for a
			 room occupied by two persons.
(c) A
			 sum not exceeding $25.00 per week for a room occupied by three or more
			 persons.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.06 - Employer Minimum Wage Waivers

Current through Register 1525, July 5, 2024
(1)
Student Workers
.
(a)
			 The Director may issue to any hospital or laboratory a waiver permitting
			 payment of not less than 80% of the basic minimum wage to students whose
			 employment for wages is part of a formal training program for such period of
			 time as shall be fixed by the Director and stated in the waiver.
(b) The Director may issue to any
bona fide
educational institution, a waiver permitting payment
			 of not less than 80% of the basic minimum wage, to students enrolled in and
			 employed by said institutions for such period of time as shall be fixed by the
			 Director and stated in the waiver.
(c) The Director may issue to any
			 establishment which has been granted non-profit status under the Internal
			 Revenue Code a waiver permitting payment of not less than 80% of the basic
			 minimum wage to minors attending secondary school who work part-time in
			 hospital wards, school and college dining rooms and dormitories, where the
			 ratio of one minor to five adult persons working in these areas is maintained,
			 for such period of time as shall be fixed by the Director and stated in the
			 waiver.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.07 - Notice and Recordkeeping

Current through Register 1525, July 5, 2024
(1)
Workplace Notice
. Every employer shall post, in a
			 place conspicuous to employees, a workplace notice issued by the Commonwealth
			 containing the basic minimum wage rates and such other provisions of M.G.L. c.
			 151 and
			 454 CMR
			 27.00 as the law or the Director may require. The
			 workplace notice shall be posted in English, and in any other language that is
			 spoken by 5% or more of the employer's workforce and for which a translated
			 notice in that language is available from the Commonwealth.
(2)
Records
. For
			 each employee, the employer shall keep a true and accurate record of the
			 employee's name, complete address, social security number, occupation, amount
			 paid each pay period, hours worked each day, rate of pay, vacation pay, any
			 deductions made from wages, any fees or amounts charged by the employer to the
			 employee, dates worked each week, and such other information as the Director or
			 the Attorney General in their discretion shall deem material and necessary.
			 Such records shall be kept on file for at least three years after the entry
			 date of the record. Such records shall be maintained at the place of
			 employment, at an office of the employer, or with a bank, accountant or other
			 central location within the Commonwealth. All reports, schedules, books,
			 records, and additional information that are filed or made available to the
			 Department or the Attorney General shall be certified under pains and penalties
			 of perjury as true, correct and accurate by the owner, chief financial
			 officers, general counsel or chief executive officer of the employer.
All such records must be kept and furnished to the Director or
				Attorney General upon demand, in accordance with M.G.L. c. 151, §§ 3,
				15 and 19(3). The term transcript, as used in M.G.L. c. 151, §§ 3, 15
				and 19(3), shall include photocopies, printouts of electronic information and
				any reproduction of records, entries, or documents.
An employee who requests such records as they pertain to
				himself or herself shall be provided with a copy within ten business days, and,
				if the employee so requests, shall be allowed to inspect the original paper or
				electronic records at a reasonable time and place.
(3)
Recording of Working
			 Time
. An employer may round an employee's starting and stopping
			 time to the nearest five minutes, one-tenth, or quarter of an hour provided
			 that this manner of computing working time averages out over a reasonable
			 period of time so that an employee is fully compensated for all the time he or
			 she actually worked.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.08 - Penalties for Violations

Current through Register 1525, July 5, 2024
Violation of any provision of
				454 CMR
				27.00 shall be subject to the penalties provided in
				M.G.L. c. 151.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 27.00 - Minimum Wage Regulations › Section 27.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				454 CMR
				27.00 shall be held inconsistent with M.G.L. c. 151,
				or held unconstitutional, either on its face or as applied, the inconsistency
				or unconstitutionality shall not affect the remaining provisions of
				454 CMR
				27.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. 454 CMR 28.00 shall constitute requirements
			 necessary to protect the health and safety of workers and the general public
			 and establishes:
(a) Requirements necessary to
			 protect the health and safety of the general public and persons engaged in, or
			 associated with, the repair, removal, enclosure, encapsulation or disturbance
			 of asbestos or asbestos-containing material.
(b) Standards of competency, certification
			 and licensure for persons or entities engaged in or performing repair, removal,
			 enclosure or encapsulation of asbestos or asbestos-containing
			 material.
(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 certification and
			 licensure of persons, firms, corporations or other entities who or which enter
			 into, engage in or work at:
1. The business of
			 repair, removal, enclosure or encapsulation of asbestos or asbestos-containing
			 material;
2. The business of
			 providing asbestos consulting services, including asbestos inspection services,
			 asbestos risk assessment and management planning services, asbestos project
			 design services and asbestos monitoring services;
3. The business of providing asbestos
			 training where such training is required by 454 CMR 28.00; or
4. The business of providing asbestos
			 analytical services.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.03 - General Requirements

Current through Register 1525, July 5, 2024
(1)
Worker Protection
. The requirements of the OSHA
			 Asbestos Construction Standard,
			 29 CFR
			 Part 1926.1101, including paragraphs (f),
			 (h), (i) and (m), and other applicable OSHA standards shall apply to the
			 personal protection and medical monitoring of employees, including employees of
			 the Commonwealth or any of its political subdivisions, who perform work subject
			 to these regulations. In addition, in accordance with 454 CMR 28.08(3)(d),
			 Asbestos Contractors must maintain as records the results of all personal
			 exposure monitoring, respirator fit testing and medical examinations required
			 by 29 CFR Part 1926 and other applicable OSHA standards as a condition of
			 licensure. Violations of OSHA regulations pertaining to worker protection may
			 be referred to OSHA for enforcement action. The personal protection and medical
			 monitoring of employees of the Commonwealth and its political subdivisions and
			 other persons exempted from enforcement by federal OSHA must be in accordance
			 with the provisions of 454 CMR 28.04, and M.G.L. c. 149, § 6½,
			 which the Department enforces. Responsibility for compliance with such worker
			 protection requirements rests with the employer and the Responsible Person(s)
			 designated thereby.
(2)
Requirements for the Use of Personnel
.
(a) Persons engaged in Asbestos Work subject
			 to 454 CMR 28.00 shall only perform or be assigned to perform those tasks
			 authorized by 454 CMR 28.00. Performance of unauthorized tasks or functions
			 shall be cause for administrative license action, civil penalty, or
			 both.
(b) Persons must be at least
			 18 years of age or older to perform any Asbestos Work subject to 454 CMR 28.00
			 or to receive licensure in any asbestos-related discipline pursuant to 454 CMR
			 28.00.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.04 - Worker Protection Requirements

Current through Register 1525, July 5, 2024
(1)
Personal Exposure Monitoring
. The employer must
			 conduct personal exposure monitoring on all employees who perform Asbestos
			 Abatement, Asbestos Associated Project Work and Operations and Maintenance
			 Work, in accordance with OSHA Asbestos Regulations at
			 29 CFR
			 Part 1926.1101, or EPA Asbestos Regulations
			 at 40 CFR Part 763, Subpart G, and M.G.L. c. 149, §§ 6, and
			 6½, as applicable.
(2)
Respiratory Protection
.
(a) The employer must provide respiratory
			 protection as specified at
			 29 CFR
			 Part 1926.1101(h).
(b) Where powered air purifying respirators
			 are used, a supply of charged replacement batteries, HEPA (NIOSH N, R or P 100)
			 filters and flow test meters must be available at the worksite.
(c) Person(s) performing glove bag work and
			 cleanup of Minor Fiber Release Episodes must wear a half-mask, dual cartridge,
			 and HEPA filtered respirator (N, R or P 100) as the minimum level of
			 respiratory protection.
(d) When
			 negative air pressure respirators are used, they must be properly fit tested in
			 accordance with OSHA Asbestos Regulations
			 29 CFR
			 Part 1926.1101, using protocols detailed in
			 Appendix C of that document.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.05 - Certification and Requirements for Certified Training Providers

Current through Register 1525, July 5, 2024
(1)
Advertising of Training and Refresher Courses
.
(a) A training provider may not advertise a
			 course as one approved by the Department until such approval is
			 granted;
(b) A training provider
			 may not include any false or misleading information regarding the contents,
			 instructors, or number of classroom hours of any course approved under 454 CMR
			 28.05; and
(c) Once approved, the
			 training provider shall use the course number in the course syllabus, in all
			 other course materials used in connection with the course, and in all written
			 advertising materials used in connection with the course.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.06 - Certification and Other Requirements for Asbestos Analytical Services

Current through Register 1525, July 5, 2024
(1)
Scope of Services
. Businesses or persons who provide,
			 engage in or work at the business of providing Asbestos Analytical Services
			 must be duly certified pursuant to
			 454
			 CMR 28.06 prior to engaging in such work and
			 must otherwise comply with the requirements of
			 454
			 CMR 28.06. Certified Asbestos Analytical
			 Services may only engage in and provide those services for which they are
			 certified. Separate certification is granted for each class of Asbestos
			 Analytical Service, as set forth at
			 454
			 CmR 28.06(2)(a) through
			 (d).
(2) Applicants for certification as providers
			 of Asbestos Analytical Services shall receive separate approval to provide the
			 services listed at
			 454
			 CMR 28.06(2)(a) through (d).
(a) Class A Certification holders shall be
			 authorized to use polarized light microscopy (PLM) for the analysis of bulk
			 asbestos samples originating in all facilities and locations subject to the
			 requirements of454 CMR
			 28.00, including school buildings and other facilities
			 subject to the requirements of MA AHERA
			 454
			 CMR 28.13.
(b) Class B Certification holders shall be
			 authorized to use polarized light microscopy (PLM) for the analysis of bulk
			 asbestos samples originating in all facilities and locations subject to the
			 requirements of 454 CMR 28.00, except school buildings and other facilities
			 subject to the requirements of MA AHERA 454 CMR 28.13.
(c) Class C Certification holders shall be
			 authorized to use phase contrast microscopy (PCM) for the analysis of air
			 samples originating in all facilities and locations subject to the requirements
			 of 454 CMR 28.00, including school buildings and other facilities subject to
			 the requirements of MA AHERA 454 CMR 28.13.
(d) Class D Certification holders shall be
			 authorized to use transmission electron microscopy (TEM) for the analysis of
			 air and bulk asbestos samples originating in all facilities and locations
			 subject to the requirements of 454 CMR 28.00, including school buildings and
			 other facilities subject to the requirements of MA AHERA 454 CMR
			 28.13.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.07 - Certification of Consulting Service Providers and Individual Asbestos Consultants

Current through Register 1525, July 5, 2024
(1)
Scope of Certification of
			 Asbestos Consulting Service Providers
. Firms, corporations,
			 businesses or entities performing Asbestos Consulting functions listed in
			 454
			 CMR 28.07(5)(a)1. through 4.
			 shall be Certified prior to engaging in such services. A Certificate issued by
			 the Department to a provider of Asbestos Consulting Services is valid for a
			 period of one year.
(2) Asbestos
			 Consulting Service Providers must ensure employees have required current
			 training and appropriate licenses pursuant to
			 454
			 CMR 28.07(5)(b)  1. through
			 4. prior to engaging in those services.
(3) Applicants for Certification as providers
			 of Asbestos Consulting Services shall submit the following to the Director:
(a) A completed application form with
			 attachments as prescribed by the Director which shall, at a minimum, include
			 the following:
1. A list of all names,
			 acronyms or other identifiers by which the applicant does or has done business,
			 and the address(es) and telephone number(s) of the business(es).
2. A list of the states in which the
			 applicant holds, or has held, a license or certification, accreditation, or
			 other approval for Asbestos Consulting Services.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.09 - Notification of Asbestos Project

Current through Register 1525, July 5, 2024
An Asbestos Contractor or operator of an Asbestos Abatement
				must notify the Director before engaging in any such work.
(1) Notification must be on forms jointly
			 prescribed by the Director and the MassDEP.
(2) Notification must be
			 electronically-filed, postmarked or hand-delivered at least ten working days
			 before the project start date or, in the case of an Emergency Project, within
			 one working day after the project start date.
(a) Notification must be cancelled, amended,
			 edited and/or resubmitted if work dates change. Intermittent work notifications
			 may be updated by email or phone to the Department as allowed under
			 310 CMR
			 7.15(6)(g)4.
(b) Asbestos Contractors who notify for a
			 project and are found to be working during dates not covered by the
			 notification are in violation.
(c)
			 Asbestos Contractors who notify for a project and are found to NOT be working
			 during dates covered by the notification are in violation.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.11 - Requirements and Work Practices for Floor and Wall Asbestos Operations and Maintenance Projects

Current through Register 1525, July 5, 2024
(1)
Applicability of Standards
. Operations and Maintenance
			 Projects, as defined at 454 CMR 28.02, shall be carried out in accordance with
			 the requirements of 454 CMR 28.11. Where Operations and Maintenance Projects
			 cannot be carried out in accordance with the requirements of 454 CMR 28.11,
			 said Projects shall be carried out in accordance with 454 CMR 28.10. For
			 buildings not subject to 454 CMR 28.13 (AHERA), the amount of material
			 disturbed during Operations & Maintenance Projects shall not exceed ten
			 square feet or 25 linear feet and is not the sum of the individual layers (ten
			 square feet of floor tile and ten square feet of related asbestos mastics would
			 be considered ten square feet of material).
(2)
General Requirements for
			 Asbestos Operations and Maintenance Projects
.
(a)
Exemption from Licensing
			 Requirements; Requirements for Training
.
1. Persons or entities who carry out Asbestos
			 Operations and Maintenance Projects need not be certified as Asbestos
			 Contractors or licensed as Asbestos Workers or Asbestos Supervisors, provided
			 that all persons participating in the work have received the Asbestos
			 Operations and Maintenance Projects Worker training specified by 454 CMR
			 28.05(8), and the applicable refresher training specified at 454 CMR
			 28.05(8)(a)4. and the work is conducted in accordance with the applicable
			 provisions of 454 CMR 28.11.
2.
			 Persons performing Operations and Maintenance Work involving only the removal
			 of asphaltic shingles and felts according to requirements set forth at 454 CMR
			 28.11(5) may comply with the OSHA training requirements set forth at
			 29 CFR
			 Part 1926.1101(k)(9)(iv) or
			 the corresponding EPA training requirements specified by 40 CFR Part 763,
			 Subpart G, as applicable, in
lieu
of fulfilling the training
			 requirements of 454 CMR 28.05(8) and 28.05(8)(d).
3. Persons who have received the Asbestos
			 Worker training specified at 454 CMR 28.05(4)(a) or the Asbestos Supervisor
			 training specified at 454 CMR 28.05(4)(b) and the applicable refresher training
			 specified at 454 CMR 28.05(5) will be considered to have met the training
			 requirements for participation in Asbestos Operations and Maintenance
			 Projects.
4. Persons carrying out
			 Asbestos Operations and Maintenance Projects in their own single-family,
			 owner-occupied homes are exempted from the training requirements of 454 CMR
			 28.05(8) and (8)(d).
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.12 - Special Procedures for the Removal of Asbestos Roofing and Siding Materials

Current through Register 1525, July 5, 2024
(1)
Requirements for Asphaltic Shingles and Felts
.
(a). Asphaltic shingles and felts must be
			 removed intact to the greatest extent feasible.
(b). Roof level heating and ventilation air
			 intake sources must be isolated by covering with plastic sheeting prior to the
			 start of the work.
(c). Wet methods
			 must be used to remove asphaltic shingles and felts that are not intact, or
			 will be rendered non-intact by the removal, unless such wet methods are not
			 feasible or will create safety hazards. This requirement notwithstanding,
			 removal or repair of sections of intact roofing does not require the use of wet
			 methods or HEPA vacuuming as long as the methods used in the removal or repair
			 do not render the roofing material non-intact, and no visible emissions are
			 produced.
(d). Where cutting
			 machines are used in the removal of asphaltic shingles and felts, said cutting
			 machines shall be equipped with a HEPA vacuum to capture dust produced by the
			 cutting process. Cutting machines that are not equipped with a HEPA vacuum to
			 capture dust produced by the cutting process shall only be used inside a work
			 area for which containment sufficient to prevent visible emissions of fugitive
			 dust to the ambient air has been established.
(e). Where cutting machines are used in the
			 removal of asphaltic shingles and felts, the material shall be adequately
			 wetted throughout the cutting process.
(f). Dust produced by power roof cutters
			 operating on aggregate surfaces must be removed by HEPA vacuuming. Dust
			 produced by power roof cutters operating on non-aggregate, smooth surfaces must
			 be removed by HEPA vacuuming or wet wiping along the cut line.
(g). Asbestos-containing shingles or felts
			 must not be dropped or thrown to the ground. Unless the material is carried or
			 passed to the ground by hand, it must be lowered to the ground by crane or
			 hoist or transferred in dust-tight chutes.
(h). Intact asphaltic shingles and felts must
			 be lowered to the ground not later than the end of each shift. Where feasible,
			 non-intact asphaltic shingles and felts must be kept wet at all times while on
			 the roof, placed in an impermeable waste bag (six-mil minimum thickness) or
			 wrapped in plastic sheeting (six-mil minimum thickness), sealed with duct tape
			 and lowered to the ground not later than the end of each work shift.
Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.13 - Requirements for Schools Subject to AHERA

Current through Register 1525, July 5, 2024
(1)
General Local Education Agency (LEA) Requirements
.
(a) Each local education agency must:
1. Ensure that the activities of any persons
			 who perform inspections, reinspections, and periodic surveillance, develop and
			 update management plans, and develop and implement response actions, including
			 operations and maintenance, are carried out in accordance with
			 454 CMR
			 28.00.
2.
			 Ensure that all custodial and maintenance employees are properly trained as
			 required by this document and other applicable Federal and/or State regulations
(e.g.,
the Occupational Safety and Health Administration
			 asbestos standard for construction,
			 29 CFR
			 1926.1101, or
			 454 CMR
			 25.00:
Occupational Safety and Health for
			 Public Sector Workers').
3. Ensure that workers and building
			 occupants, or their legal guardians, are informed at least once each school
			 year about inspections, response actions, and post-response action activities,
			 including periodic reinspection and surveillance activities that are planned or
			 in progress.
4. Ensure that
			 short-term workers (e.g., telephone repair workers, utility workers, computer
			 cabling or exterminators) who may come in contact with asbestos in a school are
			 provided information regarding the locations of ACM and suspected ACM assumed
			 to be ACM.
5. Ensure that warning
			 labels are posted in accordance with
			 454
			 CMR 28.13(11).
6. Ensure that management plans are available
			 for inspection and notification of such availability has been provided as
			 specified in the management plan under
			 454
			 CMR
			 28.13(9).