Massachusetts SDS laws & safety compliance analysis

Massachusetts SDS: What you need to know

· Rules. Employers must provide material safety data sheets (MSDSs) to treating physicians of employees and, under certain circumstances, community residents where the employer’s facility is located. Private citizens may petition DEP to obtain copies of an employer’s MSDSs.

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MSDSs must be available at storage areas for flammable pesticides.

Massachusetts does not have a federally approved occupational safety and health regulatory program. Consequently, the federal OSH Act governs workplace safety and health, including MSDS requirements, in the private sector (private businesses and nonprofit organizations). The state does have a toxic substance worker "right-to-know" law, which governs occupational safety and health in the public sector (state, county, and local government) workplace. The state MSDS safety and health rules for public sector workplaces mirror federal rules, with additional provisions that are stricter than federal rules for chemical mixtures and employee access to MSDSs. See the national section MSDS for a description of the federal MSDS requirements.

Employers must train deleading workers on how to read MSDSs.

· Administration and enforcement. DEP administers and enforces MSDS reporting requirements under the state’s community right-to-know law. DPH administers and enforces the state’s trade secret provisions. DFS administers the requirements for the storage of flammable pesticides requirements. OSHA administers and enforces workplace MSDS requirements in private sector workplaces. DLWD administers and enforces workplace MSDS requirements in public sector workplaces and for deleading worker certification.

DEP RULES
FILING MSDS
310 CMR 33.04

Both public and ...


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