HAZARDOUS SUBSTANCES DISCLOSURE BY EMPLOYERS

M.G.L. pt. Part I, tit. Title XVI, ch. c. 111F

in effect

M.G.L. c. 111F, § 1 Definitions

c. 111F, § 1. Definitions Section 1. In this chapter, the following words shall have the following meanings:— ''Article'', a finished product or manufactured item: (1) which is formed to a specific shape or design during manufacture, (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, except that fluids and particles are not considered articles regardless of shape or design unless inert or totally encapsulated. ''CAS number'', the identification number assigned by the Chemical Abstracts Service to specific chemical substances. ''Chemical name'', 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. ''Common name'', any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name. ''Community resident'', any resident of a municipality in which an employer manufactures, processes, uses or stores toxic or hazardous substances as defined in this section. ''Container'', any receptacle or formed or flexible covering for the storage or transport of toxic or hazardous substances including but not limited to a bag, barrel, bottle, box, can, carton, cylinder, drum, pipe, storage tank, both mobile and stationary, vessel or vat. ''DEP'', the department of environmental protection. ''DOL'', the department of labor. ''DPH'', the department of public health. ''Designated representative'', 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 eligible to serve as a designated representative. ''Employee'', any person employed on or after the effective date of this chapter who is, has been, or may be exposed under normal operating conditions or foreseeable emergencies to any toxic or hazardous substance in a 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 this chapter. For purposes of this chapter, any person whose employment is terminated for any reason after the effective date of this chapter is an employee. ''Employer'', any person, firm, corporation, partnership, association or other entity engaged in a business or in providing services, including the commonwealth 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'', 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. ''Impurity'', a toxic or hazardous substance which is unintentionally present with another substance or mixture. ''Label'', the written, printed and graphic information displayed on or affixed to the container of a toxic or hazardous substance; or the placards, signs, or operating instructions which communicate the information required by section seven herein. ''Manufacturer'', a person who produces, synthesizes, extracts, or otherwise makes a toxic or hazardous substance. ''Massachusetts substance list'', a compilation of toxic or hazardous substances which are to be subject to the provisions of this chapter. ''Material safety data sheet'' or ''MSDS'', the written document which sets forth the following information for a toxic or hazardous substance: (a) The chemical name, any common names, and the CAS number of the toxic or hazardous substance. (b) The hazards or other risks in the use of the toxic or hazardous substance, including: (1) the potential for fire, explosion, corrosivity, and reactivity; (2) the acute and chronic health effects of risks from exposure; including the medical conditions that might be aggravated by exposure; and (3) the potential routes of exposure and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic or hazardous substances, including appropriate emergency treatment in case of overexposure at hazardous levels. (d) The emergency procedures for spills, fire, disposal and first aid. (e) 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 section four (c) of this chapter. (f) 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'', 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'', any solution or intimate admixture of two or more substances, at least one of which is present as a toxic or hazardous substance, as designated pursuant to section four, which do not react chemically with each other. ''Municipal coordinator'', the fire chief or fire commissioner, or the public health commissioner or public health officer of a city or town as designated by the chief municipal officer of said city or town; provided, however, that in towns, the board of selectmen may designate one of its members, or may appoint any qualified resident of the town to act as municipal coordinator. For the purposes of this chapter, chief municipal officer shall mean in a city, the mayor; in a Plan D or Plan E government, the city or town manager; in a town, the board of selectmen. ''NFPA Code'', the color and number system identifying the category and degree of fire hazard of a substance as adopted by the National Fire Protection Association in ''Standard System For the Identification of Fire Hazards of Materials'', NFPA 704 in effect on the effective date of this chapter, and as amended from time to time thereafter. ''Research laboratory'', a workplace or a work area of a workplace used primarily for research, development, nonroutine testing or experimentation activity in which toxic or hazardous substances are used by or under the direct supervision of a technically qualified individual. Provided, however, that a research laboratory shall not be involved in the production or manufacture of goods for direct commercial sale. ''Technically qualified individual'', a person who, because of education, training, or experience, understands the health risk associated with the toxic or hazardous substance or mixture handled by or under his or her supervision, and is familiar with the personal protective procedures to be followed in the use or handling of such substances. ''Trade secret'', 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. ''Toxic or hazardous substance'', any chemical substance or mixture of substances in a gaseous, liquid or solid state which is listed in the Massachusetts substance list compiled in compliance with the provisions of section four, and which is manufactured, processed, used or stored in the workplace, but which shall not include alcoholic beverages as defined in section one of chapter one hundred and thirty-eight, 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. ''Work area'', a room or defined space in a workplace where toxic or hazardous substances are produced, used and where employees are present in the course of their employment. ''Workplace'', an establishment or business of an employer at one geographic location at which work is performed and containing one or more work areas, but not including a police station or public armory in which ammunition is stored. In the case of the commonwealth or any of its political subdivisions acting as an employer, the workplace shall be defined as all work areas wholly owned or controlled by the commonwealth or said subdivisions; in the case of an independent contractor, the workplace shall be defined as all work areas wholly owned or controlled by said independent contractor; provided however, that employees of the commonwealth, or any of its political subdivisions, or an independent contractor shall have certain rights to examine MSDS's as provided in section eleven (f).

M.G.L. c. 111F, § 2 Administrative responsibilities; rules and regulations; promulgation

c. 111F, § 2. Administrative responsibilities; rules and regulations; promulgation Section 2. The responsibility for administering the provisions of this chapter, and for assuring an appropriate state response to alleged violations thereof, shall be assigned in the following manner: (a) The commissioner of DPH shall be responsible for the administration of sections four through six, twelve and twenty, which relate to the establishment and amendment of the Massachusetts substance list, the dissemination of information pertaining to toxic or hazardous substances, the granting of certain waivers or alternative conditions to the disclosure requirements contained in this chapter, and trade secrets. (b) The commissioner of DOL shall be responsible for the administration of sections seven through eleven, and thirteen through fifteen, which define the rights and duties of employees and employers under this chapter. (c) The commissioner of DEP, on behalf of the commonwealth, and the municipal coordinator of each city or town, on its behalf, shall be responsible for the administration of sections sixteen through nineteen, which relate to requests by state officials, municipal officials, and community residents for actions and information available under this chapter. The commissioners of the DPH, DOL, and DEP shall have the authority to promulgate rules and regulations necessary to carry out their respective responsibilities under this chapter. In order to avoid the promulgation of conflicting rules and regulations, the commissioners shall take such steps as are necessary to assure that proposed rules and regulations are consistent with the rules and regulations of the other departments with responsibilities under this chapter in conformance with the statutory responsibilities set forth herein. Said rules and regulations shall be promulgated in accordance with chapter thirty A, no later than one hundred and eighty days after the date of enactment of this chapter.

M.G.L. c. 111F, § 3 Violations; investigations; notice; findings; elimination of violations; orders; review; penalties

c. 111F, § 3. Violations; investigations; notice; findings; elimination of violations; orders; review; penalties Section 3. (a) If any of the commissioners with responsibilities under this chapter have cause to believe that an employer or manufacturer has wrongfully failed to comply with any provision of this chapter for which that commissioner has been delegated responsibility, that commissioner may, within one hundred and twenty days of the alleged violation or within one hundred and twenty days from the date on which the commissioner obtained knowledge of the violation, undertake an investigation. The commissioner shall immediately notify the employer or manufacturer by certified mail, return receipt requested, that an investigation will be undertaken and shall also include in the notice a statement detailing the nature of the alleged violation and when it was alleged to have occurred. The employer or manufacturer may respond to the notice of the commissioner, but must do so within twenty days. The commissioner shall consider all matters in mitigation or extenuation of the alleged violation during the course of the investigation. If such commissioner shall determine after such investigation that good cause does not exist to believe that a wrongful violation of the provisions of this chapter has occurred, he or she shall within ten days notify the employer or manufacturer of such finding. If such commissioner shall determine after such investigation that good cause does exist to believe that a wrongful violation of the provisions of this chapter has occurred, he shall immediately notify the employer or manufacturer of such finding, and shall immediately endeavor to eliminate the alleged violation by conference, conciliation, and persuasion. In case of failure so to eliminate the alleged wrongful violation by conference, conciliation, and persuasion, the commissioner may order such remedial action as may be appropriate including the issuance of a cease or desist order to any recurrence. The commissioner may also request the attorney general to enforce any order issued or any fine or penalty authorized by this section in the appropriate court of the commonwealth. In such enforcement action the court shall have jurisdiction to restrain violations and to levy penalties as provided herein. Any employer or manufacturer aggrieved by an order of any commissioner pursuant to this section may obtain judicial review thereof in the Superior court for the county in which the alleged violation of this chapter which is the subject of the commissioner's order occurred. The order of the commissioner shall be reviewed in accordance with the standards for review provided in section fourteen of chapter thirty A. Any employer or manufacturer who wrongfully fails to comply with or otherwise violates the provisions of this chapter shall be liable for a civil penalty not to exceed two hundred and fifty dollars for each day that each such violation continues. (b) If any of the commissioners with responsibilities under this chapter have cause to believe that an employer or manufacturer has willfully and intentionally violated any provisions for which that commissioner has been delegated responsibility, that commissioner may report such alleged violation to the attorney general and may request that the attorney general bring an action in the appropriate court of the commonwealth to restrain such violations and to seek such penalties as are provided herein. Any person who willfully and intentionally violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished, for a first offense, by a fine of not more than five hundred dollars for each day that such violation continues, or by imprisonment for not more than thirty days or both; for a subsequent offense, by a fine of not more than one thousand dollars for each day that such violation continues, or by imprisonment for no more than ninety days, or by both such fine and imprisonment. (c) This chapter shall not be construed to create any independent private right of action, and the responsibility for enforcement of this chapter shall lie exclusively with the attorney general. (d) This chapter shall not be construed to enlarge or diminish any rights or privileges created by collective bargaining agreements or any other provisions of law.

M.G.L. c. 111F, § 4 Substance list; amendment procedures; concentration requirements for toxic or hazardous substances; dissemination of information

c. 111F, § 4. Substance list; amendment procedures; concentration requirements for toxic or hazardous substances; dissemination of information Section 4. (a) For the purpose of this chapter, the commissioner of DPH shall establish the Massachusetts substance list and make said list available to manufacturers, employers, municipal coordinators, and the commissioners of DOL and DEP. Substances on the list may be designated by their chemical name or common name(s), and CAS number. Only those substances specifically enumerated on the list shall be subject to the provisions of this chapter, and no articles as defined in section one shall be included on the list. The commissioner of DPH shall prepare and amend the list according to the following procedures, and shall promulgate said list pursuant to the rulemaking provisions of chapter thirty A on an annual basis. The annual list shall become effective ninety days after its promulgation. In the case of substances which are extraordinarily hazardous and a threat to public health, the commissioner of DPH may promulgate emergency amendments to the list according to the laws of the commonwealth, provided that appropriate procedures for amending the list, as specified in this section, are followed. (b) The list shall consist initially of all chemical substances enumerated in any of the following designated source lists, exclusive of generic categories: Environmental Protection Agency Restricted Use Pesticides - 40 CFR 162.30 {BSS}2. International Agency for Research on Cancer (Sublist: ''Substances found to have at least sufficient evidence of carcinogenicity in animals'') {BSS}3. National Toxicology Program List of chemicals published in the Annual Report on Carcinogens {BSS}4. Occupational Safety and Health Administration Toxic and Hazardous Substances - 29 CFR 1910, Subpart Z {BSS}5. National Institute for Occupational Safety and Health/Occupational Safety and Health Administration Occupational Health Guidelines for Chemical Hazards {BSS}6. American Conference of Governmental Industrial Hygienists Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace {BSS}7. National Fire Protection Association Hazardous Chemicals Data (NFPA 49) {BSS}8. National Fire Protection Association Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325 M) (All items rated II through IV as health hazards or III through IV as flammability or reactivity hazards.) {BSS}9. Environmental Protection Agency Carcinogen Assessment Group's List of Carcinogens {BSS}10. National Cancer Institute (Substances that meet the NTP criteria for significant carcinogenic effect.) (c) The commissioner, in promulgating the Massachusetts substance list and its amendments shall designate on said list any substance which is a carcinogen, mutagen, teratogen, or neurotoxin, based on a preponderance of substantial and valid scientific evidence. (d) For the purposes of this chapter, a toxic or hazardous substance is present in any mixture if it is one per cent or more of the mixture or two per cent if the toxic or hazardous substance exists as an impurity in the mixture; provided, however, that the commissioner of DPH may, by regulation, raise the concentration requirement for a toxic or hazardous substance which he or she finds is not toxic or hazardous at the threshold levels; and may lower the concentration requirement for a toxic or hazardous substance including carcinogens, mutagens, teratogens, and neurotoxins for which there is valid and substantial scientific evidence that the substance is extraordinarily hazardous. The manufacturer of a toxic or hazardous substance shall notify the commissioner of DPH of any valid evidence which indicates either: that the concentration requirement for a toxic or hazardous substance is higher than what is necessary to protect employees who work with, or may be exposed to, the substance; or that the concentration levels should be lowered because there is valid and substantial evidence that the substance is extraordinarily hazardous. The provisions of this chapter shall not apply to impurities which develop as intermediate materials during chemical processing but are not present in the final mixture, and to which employee or community resident exposure is unlikely. (e) The commissioner of DPH shall amend the Massachusetts Substance List by adding, in place of the generic categories excluded pursuant to subsection (b) of this section, those specific toxic or hazardous substances which fall within said generic categories and which, in his judgment, should be subjected to the provisions of this act. Provided that such amendment shall be made only after opportunity has been provided for public comment and hearing pursuant to the rulemaking provisions of chapter thirty A and upon the commissioner's finding that according to the preponderance of the evidence, substantial and valid scientific evidence exists that any substances added pursuant to this subsection may result in an acute or chronic risk to human health or safety. (f) Any substance added to or deleted from the source lists designated in subsection (b) of this section by the agency responsible for preparing and amending said list shall be added to, or deleted from, the Massachusetts substance list as part of its annual amendment by the commissioner of DPH. (g) Further amendments to the Massachusetts substance list may be established by the commissioner of DPH, pursuant to the following process: The commissioner shall publish a notice of intent to add a substance to the Massachusetts substance list. This notice shall identify the proposed substance and shall inform interested persons of their right to request a proceeding pursuant to this section. Any person showing that he may be substantially and specifically affected by the proposed addition to the substance list may file a request for such hearing provided that such request is filed in writing with the commissioner within thirty days of the date that the notice was published. Upon receipt of a request for a hearing, the commissioner shall set a hearing date. Reasonable notice of the hearing shall be afforded all persons requesting a hearing and shall include statements of the time and place of the hearing. Parties shall have sufficient notice of the issues involved to afford them reasonable opportunity to prepare evidence and argument. The commissioner shall allow any other interested person to participate by presentation of argument orally or in writing, or for any other limited purpose, as the agency may order. Unless otherwise provided by law, the commissioner, or his hearing officer, need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. The commissioner may exclude unduly repetitious evidence. Every party shall have the right to call and examine witnesses, to introduce exhibits, and to submit rebuttal evidence. Cross-examination shall not be allowed. All evidence, including any records, investigation reports, and documents in the possession of the agency of which it desires to avail itself as evidence in making a decision, shall be offered and made a part of the record in the proceeding, and no other factual information or evidence shall be considered. Documentary evidence may be received in evidence in the form of copies or excerpts, or by incorporation by reference. The commissioner shall make available an official record, which shall include testimony and exhibits, and which may be in narrative form, but need not arrange to transcribe shorthand notes or sound recordings unless requested by a party. If so requested, the commissioner may, unless otherwise provided by any law, require the party to pay the reasonable costs of the transcript before the agency makes the transcript available to the party. A decision to place a substance on the list pursuant to this subsection, must be based upon the commissioner's finding that according to the preponderance of the evidence, substantial and valid scientific evidence exists that the substance poses an acute or chronic risk to human health or safety. The commissioner's decision shall be in writing or stated in the record. The decision shall be accompanied by a statement of reasons for the decision, including determination of each issue of fact or law necessary to the decision. Parties to the proceeding shall be notified in person or by mail of the decision, of their right to appeal the decision to the Superior court and the time limits on their right to appeal. A copy of the decision and of the statement of reasons shall be delivered or mailed upon request to each party and to his attorney of record. Any person aggrieved by the decision of the commissioner may appeal such decision to the Superior court for Suffolk county. The standards for review shall be in accordance with the standards provided in section fourteen of chapter thirty A. (h) Substances not present on the Massachusetts substance list established pursuant to this section shall not be subject to the provisions of this chapter. (i) The commissioner of DPH shall be responsible for the dissemination of all information available on the nature and hazards of toxic or hazardous substances, from the chemical substances information networks of the federal environmental protection agency, the health hazard evaluation program of the national institute of occupational safety and health and any and all other information sources. DPH shall promptly assist employers, employees, community residents, municipal coordinators and state personnel with inquiries concerning the toxic or hazardous nature of such substances. DPH shall assist DLI in its responsibilities with respect to preparing or obtaining MSDS information pursuant to section nine (b).

M.G.L. c. 111F, § 5 Material safety data sheets; trade secret claims; disclosure

c. 111F, § 5. Material safety data sheets; trade secret claims; disclosure Section 5. The preparer of an MSDS may omit from the MSDS the chemical name, common name, or CAS number if the release of said information which would disclose a trade secret as defined by this chapter. The preparer shall provide all other information on the properties and effects of the hazardous substance required for the MSDS and shall indicate which category of information is being withheld on trade secret grounds. An employer may withhold from a label of a container as required by section seven the chemical name of a substance if said name is a trade secret as defined in section one. (a) In order to make a trade secret claim pursuant to this section, a manufacturer or other preparer of an MSDS must submit to the commissioner of DPH a duplicate of the MSDS which excludes the information claimed as a trade secret, and shall also submit a complete justification and statement of the grounds on which the information is claimed to be a trade secret, at the same time he provides the MSDS to DEP pursuant to section sixteen. Provided that said complete justification and statement of the grounds shall not be required to include the information claimed to be a trade secret. (b) If the commissioner of DPH has cause to believe that the data withheld is not a trade secret and that good cause exists for requiring the withheld information, he or she shall notify the preparer of the MSDS by certified mail. (c) The commissioner of DPH shall determine whether such withheld information is protected as a trade secret within fifteen days after receipt of the duplicate MSDS, justification and statement, and shall notify by certified mail the preparer of the MSDS and any party who has requested the withheld information of that determination. If the commissioner of DPH determines that the withheld information is not protected as a trade secret, the final notice shall also specify a date, not sooner than fifteen days after the date of mailing of the final notice, when the withheld information shall be made available to the commissioner of DEP. If the commissioner of DPH determines that the withheld information is a trade secret, he or she shall notify by certified mail the preparer of the MSDS and any party who has requested the withheld information, and immediately return to the preparer of the MSDS all information and documents submitted concerning the validity of the trade secret claim. (d) Prior to the date specified in the final notice the preparer of the MSDS may appeal all adverse determinations in the Superior court for the county in which the employer's workplace is located or in Suffolk county. The order of the commissioner shall be reviewed in accordance with the standards for review provided in section fourteen of chapter thirty A. Filing a timely appeal under this section shall act as an automatic stay of the preparer's obligation to supply the withheld information. (e) Any information reported to or otherwise obtained by the commissioner of DEP or any of his representatives or employees, which is exempt or protected from disclosure under any provisions of this chapter, may be disclosed to an officer or employee of the United States, in connection with the official duties of such officer or employee under any law for the protection of health. (f) Information certified to by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protections against disclosure as specified by such official or in accordance with the laws of the United States.

M.G.L. c. 111F, § 6 Research laboratories; exemption

c. 111F, § 6. Research laboratories; exemption Section 6. A research laboratory, as defined in section one, shall be exempt from the provisions of this chapter. In order to qualify a work area of a workplace or a workplace as a research laboratory, an employer shall file a sworn statement with the commissioner of DPH which shall include sufficient information pertaining to the workplace or area and the personnel employed therein to enable the commissioner to determine whether the workplace or work area is qualified for the research laboratory exemption, and assurance that the employer has notified the employees of said workplace or work area that this exemption is being claimed. If the commissioner fails to receive sufficient information to determine whether a workplace or work area qualifies as a research laboratory, or if the commissioner has reason to believe that the workplace or work area does not qualify as a research laboratory, or that the operation of the workplace or work area for which a research laboratory exemption has been claimed poses a threat to the health and safety of employees employed at that workplace or work area, he shall notify the employer in writing and offer the employer an opportunity for a hearing pursuant to chapter thirty A of the General Laws. If the employer fails to substantiate his claim that a workplace or work area is a research laboratory and that said laboratory is being operated in a manner which does not pose a threat to the health and safety of employees employed at that workplace or work area, the commissioner may issue an order revoking the research laboratory exemption in part, or in its entirety for that workplace or work area. The commissioner of DPH may establish by regulation the conditions under which a research laboratory may retain its exemption. An employer may appeal an order of revocation pursuant to the procedures of chapter thirty A.

M.G.L. c. 111F, § 7 Containers; labels

c. 111F, § 7. Containers; labels Section 7. (a) Except as otherwise provided by this section, an employer shall label with the chemical name each container in his or her workplace containing a toxic or hazardous substance. Said label shall also contain the proper NFPA Code applicable to any contents of the container for which an NFPA Code has been published in NFPA 49, Hazardous Chemical Data, but only in those instances where the container contains more than five gallons or thirty pounds of materials to which the NFPA Code is applicable. (b) The employer is not required to label any container of a toxic or hazardous substance weighing five pounds or less or having a volume of one gallon or less; and is not required to label any container of a toxic or hazardous substance if said substance constitutes less than one per cent of the contents of the container, or two per cent if the toxic or hazardous substance exists as an impurity in a container, subject to the provisions for revised concentration requirements specified in section four (d) of this chapter. (c) The employer is not required to label any container if the container is currently labeled pursuant to regulations promulgated by the United States Department of Transportation, or pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (61 Stat. 163, 7 U.S.C. Sec. 121 et seq.); the Atomic Energy Act; or the Food, Drug and Cosmetics Act. The commissioner of DPH may by regulation certify containers labeled pursuant to any other federal act as labeled in compliance with this chapter. (d) The employer is not required to label any container of ten gallons or less in volume into which a toxic or hazardous substance or mixture is transferred by an employee from labeled containers and which is intended only for the immediate use of the employee who performed the transfer. (e) In cases where a pipe or piping system, a fixed storage tank, or a reaction vessel is used, on a regular basis, for different toxic or hazardous substances at different times, an employer may choose to convey the information required by this section by posting signs, placards, or operating instructions, rather than affixing labels. Provided that for any pipe or piping system, the information required by this section shall be provided at points where direct employee exposure to the toxic or hazardous substances contained in said pipe or piping system is likely to occur under normal operating conditions. (f) The employer may elect to withhold from any label otherwise required by this section the names of chemicals which qualify as trade secrets pursuant to section five. In the event such an election is made, the employer must instead place on the label a reference to the MSDS prepared for such substance and must otherwise comply with the labeling provisions of this section. When a substance has been designated a carcinogen, mutagen, teratogen, or neurotoxin pursuant to section four (c) of this chapter, and the name of said substance is withheld from the label as a trade secret pursuant to this subsection, the label shall display the letter ''C'', ''M'', ''T'', or ''N'', indicating the substance is, respectively, a carcinogen, mutagen, teratogen, or neurotoxin.

M.G.L. c. 111F, § 8 Material safety data sheets; preparation; revision

c. 111F, § 8. Material safety data sheets; preparation; revision Section 8. The manufacturer of any toxic or hazardous substance shall prepare and provide direct purchasers of said toxic or hazardous substances with an MSDS which, to the best of the manufacturer's knowledge, is current, accurate, and complete, based on information then reasonably available to the manufacturer. Any person other than a manufacturer who sells a mixture of toxic hazardous substance as defined in this chapter shall provide its direct purchasers of the mixture at the time of sale with a copy of the most recent MSDS or equivalent information. Any person who produces a mixture may, for the purposes of this section, prepare and use a mixture MSDS, subject to the provisions of section ten. A manufacturer who is responsible for preparing and transmitting an MSDS under the provisions of this section shall revise said MSDS, on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing MSDS, and in any event within one year of such information becoming available to the manufacturer. Any employer who receives, compiles, or prepares new information which would serve to update the MSDS for any toxic or hazardous substance present in his workplace, and who has filed a copy of said MSDS with DEP and the municipal coordinator pursuant to section sixteen of this chapter, shall file an updated MSDS containing said new information on a semi-annual basis, and shall concurrently update his own copy of said MSDS.

M.G.L. c. 111F, § 9 Material safety data sheets; obligation to provide to purchaser

c. 111F, § 9. Material safety data sheets; obligation to provide to purchaser Section 9. (a) Any person subject to the provisions of section eight shall be relieved of the obligation to provide a specific purchaser of a toxic or hazardous substance with a MSDS if he has a record of having provided the specific purchaser with the most recent version of the MSDS; or if the substance is labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; the Atomic Energy Act; the Food, Drug and Cosmetics Act; or if the article is one sold at retail and is incidentally sold to an employer or the employer's employees, in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the principal consumer use of the article. (b) If an employer is not supplied with an MSDS by a manufacturer or an intermediate seller for a toxic or hazardous substance pursuant to the mandates of section eight, said employer shall within a reasonable amount of time after discovering that an MSDS has not been supplied use diligent efforts to obtain said MSDS from the manufacturer or intermediate sellers. For purposes of this paragraph, ''diligent efforts'' shall mean a prompt inquiry by the employer to the manufacturer or intermediate seller of the toxic or hazardous substance requesting the MSDS with a copy of the request and any written response from the manufacturer or intermediate seller to be filed with the commissioners of DPH and DLI. Provided, however, that for an independent contractor, or the commonwealth or any of its political subdivisions acting as an employer, ''diligent efforts'' shall mean a prompt inquiry to the workplace employer, rather than the manufacturer or intermediate seller, in cases where the relevant workplace is not wholly owned or controlled by the employing independent contractor, the commonwealth, or said political subdivisions. If after having used diligent efforts an employer still fails to obtain an MSDS, he shall request the commissioner of DLI to obtain said MSDS on his or her behalf. The commissioner of DLI shall, in such cases, obtain any available assistance from the commissioner of DPH or DEP in locating or compiling an up-to-date MSDS for the toxic or hazardous substance. An employer who has used diligent efforts as defined herein and who has made a documented request to the commissioner of DLI pursuant to this section shall not be found in violation of sections eleven, fourteen or sixteen of this chapter with respect to the MSDS which was not supplied by the manufacturer or intermediate seller as required by section eight of this chapter. Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information.

M.G.L. c. 111F, § 10 Material safety data sheets; mixtures

c. 111F, § 10. Material safety data sheets; mixtures Section 10. A manufacturer or employer may provide the information required by section eight of this chapter on an entire mixture, instead of on each toxic or hazardous substance in it, when all of the following conditions exist: (a) Hazard test information exists on the mixture itself, or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the MSDS indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that an MSDS on each constituent hazardous substance identified on the MSDS is available upon request. (b) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients. (c) The toxic or hazardous substances in the mixture are identified on the MSDS unless it is either unfeasible to describe all the ingredients in the mixture or the identity of the ingredients is itself a valid trade secret; provided, that in either case the reason why the hazardous substances in the mixture are not identified shall be stated on the MSDS. A single mixture MSDS may be provided for more than one formulation of a product mixture if the information provided pursuant to section fourteen does not vary for the formulation.

M.G.L. c. 111F, § 11 Material safety data sheets; employers' duties; employee's right to examine

c. 111F, § 11. Material safety data sheets; employers' duties; employee's right to examine Section 11. (a) Every employer who manufactures, processes, uses or stores toxic or hazardous substances in the workplace shall provide a MSDS for each product which is present in said workplace. All MSDS's shall be available at a central location in the workplace. (b) A completed federal OSHA Form 20 material safety data sheet shall constitute prima facie evidence of compliance with the requirements of this chapter relative to material safety data sheets, provided that said form includes a description of the acute and chronic health risks associated with exposure to the substance described. (c) Any employee or his designated representative, may request in writing and shall have the right to examine and obtain the MSDS's for the toxic or hazardous substances to which he is, has been or may be exposed. The employer shall provide the MSDS within four working days, subject to the provisions of section nine (b). The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations. (d) If an employee who has requested an MSDS pursuant to this section has not received said MSDS within four working days subject to the provisions of section nine (b), that employee may refuse to work with the substance for which he has requested the MSDS, until said MSDS is provided. Provided, however, that nothing contained herein shall be construed to permit any employee of the commonwealth or any of its political subdivisions to refuse to perform essential services. (e) Every employer who manufactures, processes, uses or stores toxic or hazardous substances in the workplace shall post a notice in a central location in the workplace informing employees of their rights under this section. (f) For the purposes of this section and section fourteen, an independent contractor, or the commonwealth or any of its political subdivisions shall maintain MSDS's for their own workplaces only, as defined in section one; provided, however, that employees of such employers, insofar as they are exposed in the course of their employment to toxic or hazardous substances in other workplaces, shall have the right to examine MSDS's for those substances to which they are exposed from the workplace employer through a written request to their own employer.

M.G.L. c. 111F, § 12 Material safety data sheets; examination by employee's physician; disclosure of information

c. 111F, § 12. Material safety data sheets; examination by employee's physician; disclosure of information Section 12. An employer or the preparer of an MSDS shall provide said MSDS, including information withheld as a trade secret, immediately on a confidential basis to an employee's treating physician who states in writing that in his professional judgment said employee's medical condition may be the result of occupational exposure to a toxic or hazardous substance present in the employee's workplace; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation within twenty-four hours a confidentiality agreement, the form of which shall be promulgated by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement.

M.G.L. c. 111F, § 13 Discrimination against employees exercising rights under this chapter; complaint; investigation; hearing; review

c. 111F, § 13. Discrimination against employees exercising rights under this chapter; complaint; investigation; hearing; review Section 13. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee for the reason that such person has exercised any right, made any claim or filed any complaint or suit or has instituted, or caused to be instituted, any proceeding under this chapter, or has testified, or is about to testify in any proceeding in his own behalf or on behalf of others; nor shall any pay, seniority or other benefits be lost by or denied to any such employee who has exercised any right provided by this chapter. An employee who believes that he has been discharged, disciplined or in any other manner discriminated against by his employer for reason or reasons of exercising rights under this chapter may, within one hundred and eighty days of such violation or within one hundred and eighty days after obtaining knowledge that a violation did occur, file a verified complaint with the commissioner of DOL. A copy of the verified complaint shall also be sent by certified mail, return receipt requested, by the employee or his attorney to the employer at the time of filing with the commissioner of DOL. The employer, if he so chooses, may file with the commissioner of DOL an answer to the verified complaint, but must do so within twenty days of the receipt of the verified complaint from the employee or his attorney. Upon receipt of a verified complaint and an answer, if one is so filed within the time period set forth in this section, the commissioner of DOL shall undertake an investigation of the alleged violation. If after a preliminary investigation, the commissioner determines that there is insufficient cause to believe a violation occurred, he shall so notify the complainant and employer within ten days of such determination. The employee or his attorney may, within ten days of such notice, request in writing with a copy to the employer an adjudicatory hearing pursuant to the provisions of chapter thirty A of the General Laws. If after a preliminary investigation, the commissioner of DOL determines that there is cause to believe a violation occurred, he or she shall so notify the complainant and employer within ten days, and shall conduct an adjudicatory hearing pursuant to chapter thirty A of the General Laws. If after such a hearing, the commissioner determines that the employer did violate the provisions of this chapter, he may take such remedial action as is appropriate, including the issuance of a cease or desist order or the ordering of any other affirmative steps to correct the violation and prevent its recurrence. Any time an employee exercises the rights specified in subsection (d) of section eleven of this chapter, and files a complaint pursuant to this section and section three of this chapter, the commissioner of DOL shall hold an adjudicatory hearing to resolve said complaint within ten days. Any person aggrieved by the determination of the commissioner may appeal such determination in the Superior court for the county in which the employer's workplace is located. Such determination shall be reviewed in accordance with the standards for review provided in section fourteen of chapter thirty A.

M.G.L. c. 111F, § 14 Records; examination; copying

c. 111F, § 14. Records; examination; copying Section 14. Employers subject to the provisions of this chapter shall be required to maintain as records for a period of thirty years only the MSDS's required by section eleven. Such records shall be made available within a reasonable period of time to each former employee, or his designated representative for examination and copying.

M.G.L. c. 111F, § 15 Instruction on nature and effects of toxic or hazardous substances to employees

c. 111F, § 15. Instruction on nature and effects of toxic or hazardous substances to employees Section 15. Employers shall furnish employees with instruction on the nature and effects of those hazardous substances present in the workplace either in written form or in training programs as may be appropriate. Such instruction shall be in nontechnical language but may be generic to the extent appropriate and related to the job. Such instruction shall include the chemical name and any common names, unless withheld from an MSDS as a trade secret, of the toxic or hazardous substance to which an employee may be exposed under normal operating conditions, the location of the substance in the workplace, appropriate first aid treatment and antidotes in the event of improper exposure or overexposure, the proper and safe handling of said substance, the health effects of said substance as described in the relevant MSDS, and the rights and duties of employees as set forth in this chapter. Employers shall provide their current employees with instruction as described herein within ninety days of the effective date of this chapter and annually thereafter, and for employees hired thereafter, within the first month of employment, and annually thereafter.

M.G.L. c. 111F, § 16 Material safety data sheets; filing copies

c. 111F, § 16. Material safety data sheets; filing copies Section 16. Every employer subject to the provisions of this chapter shall file with the regional office of DEP for the region in which the workplace of the employer is located, and upon request with the municipal coordinator for the city or town in which the workplace of the employer is located, a copy of an MSDS for each toxic or hazardous substance listed on the Massachusetts substance list and present in the employer's workplace. The municipal coordinator shall retain said MSDS's for at least five years and the regional office of DEP shall retain said MSDS's for forty years.

M.G.L. c. 111F, § 17 Material safety data sheets; requests for copies

c. 111F, § 17. Material safety data sheets; requests for copies Section 17. The commissioner of DEP shall make a copy of an MSDS available to DOL or DPH upon request, and may make a copy of an MSDS available to any other agency of the commonwealth, but only upon written request including a justification by the requesting agency that the information contained in the MSDS is essential to the performance of a duty to protect the public health and safety imposed by statute or regulation. Provided, however, that when such action is taken by the commissioner of DEP upon such request, he shall notify the employer or employers who provided the MSDS. And provided, further, that in the event of an imminent threat to public health or safety, the commissioner of DEP shall waive the requirement for written request and justification.

M.G.L. c. 111F, § 18 Endangerment of public health or safety; investigation; findings; review

c. 111F, § 18. Endangerment of public health or safety; investigation; findings; review Section 18. (a) A community resident in a city or town in which an employer subject to the provisions of this chapter is located, who has reason to believe that the utilization of a toxic or hazardous substance in the workplace by the employer is or may be endangering public health or safety, may file a petition with the municipal coordinator requesting an investigation. The petition shall state the grounds upon which the resident bases his belief that a toxic or hazardous substance is or may be endangering the public health and safety and shall inform the municipal coordinator of any information or data of which the resident has knowledge and which would assist the municipal coordinator in an investigation. (b) The municipal coordinator shall within fifteen days review the petition and information submitted by the community resident to determine whether an investigation is warranted, and he may within ten additional days conduct an investigation of the charges contained in the petition pursuant to the authority provided by existing statutes, ordinances, or by-laws. The municipal coordinator shall notify the employer by certified mail, return receipt requested, of the filing of a petition within five days of said filing with the municipal coordinator and shall afford the employer an opportunity to comment on the petition and submit information or data which the employer deems pertinent to the petition. (c) If upon review of the information and data submitted by the community resident and the employer, the information available under this chapter and the data obtained in the municipal coordinator's investigation, should he have determined to conduct one pursuant to the provisions of this section, the municipal coordinator determines that action is required to protect the public health and safety, he shall promptly notify the commissioner of DEP of his findings and may take such action or request the commissioner to take such actions as are authorized by statute, ordinance or by-law to protect the public health and safety. If the commissioner is requested to take action by the municipal coordinator pursuant to this section, he may take such actions as are necessary to protect the public health and safety. The commissioner shall also, where appropriate, provide relevant MSDS's to the petitioning resident provided, however, that the commissioner of DEP determines that said request is not frivolous or intended to harass the employer. The commissioner's decision on release of the MSDS to the petitioning community resident shall be made within fifteen working days. Simultaneously, the municipal coordinator shall notify the community resident of the determination and shall provide the resident with a summary of the information contained in the petition, the response of the employer, the reasons for the determination, and a statement of the specific actions proposed by local or state officials to alleviate the danger to the public health or safety. (d) If upon review of the information and data submitted by the community resident and the employer, and the information available through this chapter and the data obtained in the municipal coordinator's investigation, should he have determined to conduct one pursuant to the provisions of this section, the municipal coordinator determines that no action is required in order to protect the public health and safety, he shall promptly forward to the commissioner of DEP for review, a report of the investigation including a summary of the information or data obtained by the municipal coordinator and the basis for the conclusion that no further action is required in response to the petition. Simultaneously, the municipal coordinator shall notify the community resident of his determination and shall provide the resident with a summary of the information contained or supplied with the petition, the response of the employer, and the reasons for the determination. (e) If upon review of a petition of a community resident, the municipal coordinator determines that no investigation is necessary, he shall promptly notify the commissioner of DEP of his decision and the reason for the determination. Simultaneously, the municipal coordinator shall notify the petitioning community resident that no investigation will be made and the reasons for this determination. (f) Any petitioning community resident who believes that the response of the municipal coordinator to the petition does not adequately address the matters contained therein may request in writing within fifteen days of such response that the commissioner of DEP review said response and take such action as the commissioner deems appropriate. The commissioner shall also, where appropriate, provide the relevant MSDS's to the petitioning resident, provided, however, that the commissioner of DEP determines that said request is not frivolous or intended to harass the employer. The commissioner shall review the request of the petitioning resident and make a determination thereon within fifteen days of its filing. The commissioner shall promptly notify the employer of the petitioning community resident's request within five days of its filing, and shall notify said employer of any release of an MSDS at the time of said release. (g) A community resident or employer aggrieved by an action of the municipal coordinator or the commissioner of DEP may appeal such determinations in the Superior court for the county in which the resident resides or in which the employer's workplace is located. The determinations shall be reviewed in accordance with the standards for review provided in section fourteen of chapter thirty A. (h) Except as provided in section nineteen, any municipal official other than the municipal coordinator shall be deemed a community resident and shall have those rights and obligations provided to community residents herein. (i) Nothing contained herein shall be construed to confer additional or reduce current powers of local public officials under existing laws, ordinances, or by-laws.

M.G.L. c. 111F, § 19 Material safety data sheets; release to municipal officials

c. 111F, § 19. Material safety data sheets; release to municipal officials Section 19. A municipal coordinator who has obtained an MSDS from an employer pursuant to section sixteen may make available to another municipal official for the city or town in which the workplace of the employer is located, a copy of an MSDS, if he determines that an imminent threat to public health or safety exists for which immediate access to information contained in the MSDS is critical to that other municipal official's performance of a duty imposed by statute, regulation, ordinance, or by-law. The municipal coordinator shall so inform the employer of the release of the MSDS to another municipal official.

M.G.L. c. 111F, § 20 Material safety data sheets, release to treating physician; confidentiality agreement

c. 111F, § 20. Material safety data sheets, release to treating physician; confidentiality agreement Section 20. (a) A preparer shall provide an MSDS without trade secret information immediately on a confidential basis to a community resident's treating physician who states in writing that said resident's medical condition may be the result of exposure to a toxic or hazardous substance present in the said employer's workplace; provided, however that such treating physician shall be required to sign concurrently a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement. (b) A preparer shall provide the information withheld from an MSDS as a trade secret immediately on a confidential basis to a community resident's treating physician who states in writing that a medical emergency as defined in section one exists with respect to the resident; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation, within twenty-four hours a confidentiality agreement, the form of which shall be established by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of this agreement.

M.G.L. c. 111F, § 21 Disclosure of information; public record; penalties

c. 111F, § 21. Disclosure of information; public record; penalties Section 21. (a) Any information provided to state or local agencies or instrumentalities by manufacturers and employers pursuant to the provisions of this chapter, and any information provided to their public agencies or coordinator pursuant to this chapter shall not be a public record for the purposes of chapter sixty-six of the General Laws. (b) Any person who has obtained possession of or has access to information pursuant to the provisions of this chapter shall not disclose said information to any person not specifically authorized to receive it hereunder. Violation of this provision shall be punishable by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Provided, however, that disclosure by an employee to his or her spouse, or to a fellow employee exposed to the same toxic or hazardous substance as is involved in the disclosure, shall not constitute a violation of this chapter.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111FFetched: 10/20/2026