HomeMy Public PortalAboutMassachusetts Right to Know posterTHE (0MMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
DEPARTMENT OF LABOR STANDARDS
RIGHT TO KNOW
WORKPLACE NOTICE
The RIGHT TO KNOW LAW, Chapter 111F of the Massachusetts General Laws, provides rights to Public
Sector employees* regarding the communication of information on toxic and hazardous substances. These rights
include:
WORKPLACE NOTICE- A notice must be posted in a central location in the workplace informing employees
of their rights under the law. The notice must be in the English language. In workplaces where employees' first
language is other than English, the notice must be posted in that language.
TRAINING- Employers must provide an annual training program to employees who work with toxic or
hazardous substances. New employees must receive training within thirty days from date of hire. The training
program must be conducted by a competent person and may be in the form of verbal and/or written instruction.
At a minimum, training must include an explanation of employee rights, information on how to read an MSDS,
the specific hazards of the chemicals used, handled or stored in the workplace, the type of personal protective
equipment to be worn, and information on labeling of hazardous substances. This training must be done with pay
during the employee's normal work shift or work hours. The employer must maintain a record of this training.
MATERIAL SAFETY DATA SHEET (MSDS)- The Material Safety Data Sheet is the document that provides
information on each toxic or hazardous substance used or stored in the workplace. An employee or his or her
designated representative has the right to obtain and examine the MSDS for any toxic or hazardous substance to
which the employee "is, has been, or may be", exposed, if the employee's request is made to the employer in
writing. After four working days from the date the request is made, an employee can refuse to work with the
substance under two circumstances:
The employer fails to: (a) furnish the employee with the MSDS and (b) furnish the employee with
proof that the employer has exercised diligent effort to obtain the MSDS, either through the
manufacturer or through the Commissioner of the Division of Occupational Safety, or,
2. The MSDS provided by the employer is incomplete or outdated.
LABELING- All containers in the workplace of more than five pounds or more than one gallon, containing toxic
or hazardous substances, must be labeled with the chemical name of the substance. Containers of mixtures must
be labeled with the chemical name of each toxic or hazardous constituent when the constituents comprise one
percent or more of the mixture. Containers must also be labeled with the appropriate National Fire Prevention
Association (NFPA) symbol if available. Labels must be clear, prominent, in English and weather resistant.
There are some exceptions to the labeling requirements for containers which are labeled in accordance with
certain Federal laws.
NON-DISCRIMINATION- An employee who believes he or she has been discharged, disciplined, or in any
other manner discriminated against by an employer for exercising rights granted under the Law, has one hundred
eighty days following the violation of the Law or following the date on which he or she obtained knowledge that a
violation occurred, to file a complaint with the Commissioner of the Division of Occupational Safety. A copy of
the complaint must be sent to the employer at the same time by certified mail.
NOTE- The employee rights listed above are further defined in Chapter 111F of the Massachusetts General Laws
and the Code of Massachusetts Regulations 454 CMR 21.00. Copies of the law and regulation can be obtained at
the Statehouse Bookstore (617-727-2834).
All Right -to Know Inquiries should be addressed to:
Department of Labor Standards
19 Stanford Street, 2nd Floor
Boston, MA 02114
Tel.: 617-626-6975
*Private sector employees in Massachusetts are covered by a similar regulation, the Hazard Communication
Standard (29 CFR 1910.1200), enforced by the Federal Occupational Safety and Health Administration (OSHA
617-565-9860).
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