454 CMR, § 21.07

Current through Register 1530, September 13, 2024
Section 21.07 - Instruction or Training
(1)General Requirements. Instruction or training shall be given and/or conducted by a competent individual.

Instructions or training shall include but not be limited to the following:

(a) A detailed explanation of employee rights including:
1. Workplace Notice;
2. Container labeling;
3. Request of an MSDS;
4. Work refusal;
5. Discrimination discipline, discharge;
6. Hearings and appeals;
7. Instruction or training.
(b) Introduction to a sample MSDS:
1. Name, address, emergency telephone number;
2. Preparer's name, address and date;
3. List of ingredients and percentages;
4. Health information;
5. Occupational exposure limits;
6. First aid procedures;
7. Physical data;
8. Fire and explosion hazards;
9. Reactivity;
10. Employee protection;
11. Other regulatory controls.
(c) Explanation of workplace MSDS's with reference to specific substances used handled or stored.
(d) Explanation of designated substances as they apply to labeling:
1. Carcinogenic;
2. Mutagenic;
3. Teratogenic;
4. Neurotoxic.
(e) Orientation and explanation of protective clothing and equipment as it relates to the proper handling and use of toxic or hazardous substances in the workplace.
(f) Employers shall maintain a record of training or instruction given to employees. This record, at a minimum, shall describe the instruction or training, the date or dates on which it was given, the names of the employees and the person giving the training or instruction. These records shall be maintained by the employer for the duration of each employee's employment and shall be made available to the Director or the Director's representative.
(2)Presentation. Instruction or training shall be given and/or conducted during the employee's normal work hours or shift hours.
(3)Cost. Instruction or training shall be given and/or conducted at no cost to the employee.
(4)Other Competent Individuals. Written instructions or training programs may be furnished by the employer through an independent third party of competently trained individuals. This provision does not diminish or alter employer responsibility under M.G.L. c. 111F or under 454 CMR 21.00.
(5)Third Party Instructors. Third party instructors shall be registered with the Department of Labor Standards.

Registration may be obtained by written application that shall contain:

(a) Name and address of all instructors;
(b) Qualifications;
(c) A training plan that includes, at minimum, all of the requirements of 454 CMR 21.07(1) through (4).

A letter of acknowledgment from the Director of Labor Standards shall constitute evidence of registration. Application for registration shall be filed and renewed annually. No fee is required.

454 CMR, § 21.07

Amended by Mass Register Issue 1328, eff. 12/16/2016.