Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 670.000 - "Right To Know" › Section 670.005 - Definitions

Current through Register 1525, July 5, 2024
As used in
				105
				CMR 670.000 the following words and phrases have the
				following meanings:
Carcinogen
means:
(1) any substance or combination of substances which causes an
				increased incidence of benign and/or malignant neoplasms in one or more
				species; or,
(2) any substance or combination of substances which
				substantially decreases the latency period between exposure and onset of a
				neoplasm in one or more species; or,
(3) any substance or combination of substances which is
				metabolized into one or more substances that causes an increased incidence of
				neoplasms or decreases the latency period between exposure and onset of
				neoplasms in one or more species.
CAS Number
means the identification
				number assigned by the Chemical Abstracts Service to a specific chemical
				substance.
Chemical Name
means the scientific
				designation of a substance in accordance with the nomenclature system developed
				by the International Union of Pure and Applied Chemistry, or the system
				developed by the Chemical Abstracts Service.
Commissioner
means the Commissioner of
				Public Health.
Common Name
means any designation or
				identification such as a code name, code number, trade name, or brand name used
				to identify a substance other than by its chemical name.
Community Resident
means any resident
				of a municipality in which an employer manufactures, processes, uses or stores
				toxic or hazardous substances listed in the Massachusetts Substance
				List.
Department
means the Department of
				Public Health.
Designated Representative
means an
				employee's treating physician upon written authorization by said employee, and
				the employee's collective bargaining agent who is certified, or is recognized
				by the employer of the employee without regard to written employee
				authorization. No other individual or organization shall be authorized to serve
				as a designated representative.
Employee
means any individual employed
				on or after the effective date of M.G.L. c. 111F who is, has been, or may be
				exposed under normal operating conditions or foreseeable emergencies to any
				toxic or hazardous substance in the workplace. In the case of a deceased or
				legally incapacitated employee, the employee's spouse, guardian or executor may
				exercise all the employee's rights under M.G.L. c. 111F and
				105
				CMR 670.000. For the purposes of M.G.L. c. 111F and
				105
				CMR 670.000 any individual whose employment is
				terminated for any reason after the effective date of M.G.L. c. 111F is an
				employee.
Employer
means any person, firm,
				corporation, partnership, association or other entity engaged in a business or
				in providing services, including the Commonwealth of Massachusetts and any of
				its political subdivisions, that manufactures, processes, uses or stores toxic
				or hazardous substances, but not including the employment of domestic workers
				or casual laborers employed at the place of residence of the employer.
				Independent contractors shall be deemed the sole employer of their employees,
				even when said employees are performing work at the workplace of another
				employer as defined herein.
Expose or Exposure
mean any situation
				arising from or related to the work operation of an employer where an employee
				or a community resident may ingest, inhale, absorb through the skin or eyes or
				otherwise come into contact with a toxic or hazardous substance.
Extraordinarily Hazardous Substance
means a substance which is designated a carcinogen pursuant to 106 CMR
				670.010(C)(1); or for which there exists valid and substantial evidence that
				the substance has an oral LD50 of 25 milligrams or less
				per kilogram in one or more species of test animals, or an
				LC50 of 0.5 milligrams per liter in one or more species
				of test animals exposed for a period of up to eight hours. A listing of an
				LD50 or LC50 in the Registry of
				Toxic Effects of Chemical Substances published by the National Institute for
				Occupational Safety and Health, June, 1983, or any amendment thereto, shall be
				deemed to establish that valid and substantial scientific evidence
				exists.
Lethal Concentration Fifty or LC
50 means a calculated dose of a gaseous substance which
				can be expected to cause the death of 50% of an entire defined experimental
				animal population. An LC50 is determined by exposing a
				significant number of test animals to the substance by inhalation. An
				LC50 for a gaseous substance is expressed as the ratio
				of the volume of the substance respired by the test animal to the total volume
				of air respired by the test animal in a specified time period.
Lethal Dose Fifty or LD
50 means a calculated dose of a substance which can be
				expected to cause the death of 50% of an entire defined experimental animal
				population. An LD50 is determined by exposing a
				significant number of test animals to the substance by any route of exposure
				other than inhalation. An LD50 is expressed as the ratio
				of the weight of the substance administered in a single dose or over a short
				period of time to the weight of the test animal.
Manufacturer
means a person who
				produces, synthesizes, extracts, or otherwise makes a toxic or hazardous
				substance.
Massachusetts Substance List
means a
				compilation of toxic or hazardous substances which are to be subject to the
				provisions of M.G.L. c. 111F. The Massachusetts Substance List is more fully
				described in
				105 CMR
				670.010.
Material Safety Data Sheet or MSDS
means the written document which sets forth the following information for a
				toxic or hazardous substance:
(1) the chemical name, any common names, and the CAS number of
				the toxic or hazardous substance; and
(2) the hazards or other risks in the use of the toxic or
				hazardous substance, including:
(a) the potential for fire, explosion, corrosivity, and
				reactivity;
(b) the acute and chronic health effects of risks from
				exposure; including the medical conditions that might be aggravated by
				exposure; and
(c) the potential routes of exposure and symptoms of
				overexposure; and
(3) the proper precautions, handling practices, necessary
				personal protective equipment, and other safety precautions in the use of or
				exposure to the toxic or hazardous substance, including appropriate emergency
				treatment in case of overexposure at hazardous levels; and (4) the emergency
				procedures for spills, fire, disposal and first aid; and
(5) a description in lay terms, of the specific potential
				health risks posed by the toxic or hazardous substance intended to alert any
				person reading this information, including but not limited to carcinogenic,
				mutagenic, teratogenic, or neurotoxic effects, for substances so designated on
				the Massachusetts Substance List, pursuant to M.G.L. c. 111F, § 4(c);
				and
(6) the month and year that the information was compiled and
				the name, address, and emergency telephone number of the manufacturer
				responsible for preparing the information.
Medical Emergency
means a serious
				medical condition which poses an imminent threat to a person's health, caused,
				or suspected to have been caused, by accidental exposure to a toxic or
				hazardous substance, and which requires immediate treatment by a
				physician.
Mixture
means any solution or intimate
				admixture of two or more substances, at least one of which is present as a
				toxic or hazardous substance listed on the Massachusetts Substance List, which
				do not react chemically with each other.
Production or Manufacture of Goods for Direct
				Commercial Sale
means the production or manufacture, or the
				monitoring or quality control of the production or manufacture of any goods
				intended to be sold at wholesale or retail, or intended to be used in the
				production of goods intended to be sold at wholesale or retail.
Teratogen
means any substance or
				combination of substances for which valid scientific evidence shows that
				prenatal exposure may lead to mortality, structural malformation,
				functional/behavioral deficits or growth retardation of the zygote, embryo,
				fetus, neonate, child or adult.
Toxic or Hazardous Substance
means any
				chemical substance or mixture of substances in a gaseous, liquid or solid state
				which is listed in the Massachusetts Substance List (
see
105 CMR
				670.010) , and which is manufactured,
				processed, used or stored in the workplace, but which shall not include
				alcoholic beverages as defined in M.G.L. c. 138, § 1, or articles intended
				for personal consumption by employees in the workplace, or consumer articles
				packaged for distribution to, and used by, the general public, or articles sold
				or used in retail food establishments and all other retail trade
				establishments, exclusive of articles used in processing and repair areas, or
				substances being transported in interstate commerce.
Trade Secret
means any formula,
				pattern, device or compilation of information which is used in an employer's or
				manufacturer's business, and which gives said employer or manufacturer an
				opportunity to obtain an advantage over competitors who do not know or use
				it.