Section 21.04 - General Performance Requirements(1)Cause to Believe. Accident and inspection reports prepared by DLS under 454 CMR 21.04, complaints, and referrals from other state or federal agencies, and other reliable sources of information shall be considered by the Director as the basis for cause to believe that a violation of the provisions of 454 CMR 21.00 has occurred and the Director may undertake an investigation.(2)Essential Services. The chief officer of statutorily recognized subdivisions of the Commonwealth and the senior administrator of each city, town or county shall determine those services considered to be essential under M.G.L. c. 111F, § 11D. The determination shall be in writing and, as a minimum, contain those job classifications considered to be essential and a brief statement, by job classification, as to the reason for the determination. All employees occupying essential service job classifications shall be so notified in writing by the employer. The employer shall also maintain a copy of the written determination with the MSDS's at a central location in the workplace. Any employee or his/her designated representative, upon making a written request, shall have the right to examine the written determination at the central location of the MSDS file. Chief officers and senior administrators under conditions of an emergency as declared by an appropriate Public Official, may designate other job classifications or individual employees as performing essential services. This shall be communicated to the effected employees verbally or in writing as soon as practicable.
Employees determined to be performing essential services may appeal the determination to the Director under the provisions of M.G.L. c. 111F, § 13 provided that the employee is, has been or maybe exposed to toxic or hazardous substances, has requested an MSDS and has refused to work with the substance until the MSDS is provided.
(3)Proof of Diligent Efforts. An employer having received a request from an employee pursuant to M.G.L. c. 111F, § 11, shall furnish the employee with copies of all written communication pertaining to the MSDS, between the employer, the manufacturer, the intermediate seller and the Director of DLS.(4)Employee Refusal to Work. An employee who has requested an MSDS pursuant to M.G.L. c. 111F, § 11 and has not received said MSDS within four working days may refuse to work with the substance for which the employee has requested the MSDS, until such MSDS is provided by the employer, only if the employer has not exercised diligent efforts in accordance with M.G.L. c. 111F, § 9(b) and cannot furnish the employee with proof of such diligent efforts. The employee may also refuse to work with the substance if the MSDS provided by the employer is incomplete or outdated.
The employee may continue to refuse to work with the substance until the employee is provided an MSDS that conforms to the requirements of M.G.L. c. 111F and 454 CMR 21.00.
Employees who refuse to work shall be paid wages and receive all other benefits to the same extent as if the employee were continuing to work in the job held at the time the employee requested the MSDS. Failure of an employer to continue to pay wages and to grant other benefits to the employee shall be considered a violation of M.G.L. c. 111F, § 13.
Amended by Mass Register Issue 1328, eff. 12/16/2016.