Section 21.01 - Purpose and Scope(1)Purpose. The purpose of 454 CMR 21.00 is to establish minimum standards and reasonable requirements to protect the health and safety of employees through the communication of information regarding toxic or hazardous substances.(2)Scope. 454 CMR 21.00 is applicable to all activities of employees who are, have been or may be exposed to toxic or hazardous substances at the workplace.(3)Exceptions. (a)Exception 1. The Director of DLS may grant exceptions to 454 CMR 21.00. Such exceptions shall be granted in any particular case only where it is clearly evident that it is necessary to prevent undue hardship or where existing conditions prevent compliance. In no case shall any exceptions be granted unless, in the opinion of the Director, reasonable protection of the health and safety of the employees and others will be maintained. A request for exception shall be submitted to the Director in writing specifically setting forth the desired exception, the reason that the enforcement of the applicable provision is unreasonable and the nature of the undue hardship. Exemptions shall remain in force until rescinded in writing by the Director.(b)Exception 2. Items containing fluids and particles which by use and form are commonly classified as consumer products and, being either inert or totally encapsulated are not defined as articles under the provisions of M.G.L. c. 11F, § 1, are exempt from the provisions of M.G.L. c. 111F, §§ 11 and 15, if: 1. consumer goods (goods primarily used or bought for use by individuals for personnel, family or household purposes) when used in the workplace, where: a. the toxic or hazardous substances contained therein are not listed as carcinogens, mutagens, tertogens, neurotoxins or extraordinarily hazardous substances as defined by the DPH, andb. they are not required to be labelled under M.G.L. c. 111F, § 7b, andc. the substances are used in the workplace in such a manner that employee exposure is equivalent to exposures resulting from consumer usage.2. office supplies, including those materials to be found at the employee's desk or similar work area in an office environment and toner used in photographic or other types of office copying machines, where a. the substance is present only in amounts and forms substantially equivalent to the amount and forms generally available to consumers, andb. the substance is used in the workplace in such a manner that employee exposure is equivalent to consumer usage,4. gasoline, oils and other additives in fuel tanks, engines, and other operating systems of passenger vehicles or light duty trucks, where a. the substances are present only in amounts and forms substantially equivalent to the amounts and forms generally available to consumers, andb. the substances are used in such a manner that employee exposure and environmental exposure are substantially equivalent to exposures resulting from consumer usage,5. fuel oils number 1, 2, 3, 4, 5, 6, natural gas, kerosene, petroleum, or propane where used for space heating, or power generation purposes, such that employees are not exposed to fumes or combustion by-products, and all required emission control equipment is used. 454 CMR 21.00 is intended to complement and not to contravene 105 CMR 670.000: "Right to Know" and 310 CMR 33.00: Implementation of M.G.L. c. 111F, Employee and Community "Right to Know".
(4)Additional Procedures and Policies. Nothing contained in 454 CMR 21.00 shall be interpreted as prohibiting any employer from implementing additional procedures and policies for employees and others, provided such additional procedures and policies do not conflict with 454 CMR 21.00.Amended by Mass Register Issue 1328, eff. 12/16/2016.