Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know"
Section 33.04 - Filing of MSDS
Current through Register 1531, September 27, 2024
(1) Any employer who manufactures, uses, processes or stores any hazardous or toxic substance in any workplace (other than a research laboratory exempted under M.G.L. c. 111F and 105 CMR 670.015) shall file a completed copy of each material safety data sheet (MSDS) for each such substance with the Department's regional office for the region in which each such workplace is located. Each MSDS shall contain the information required by M.G.L. c. 111F, § 1 and by 454 CMR 21.06, and shall be identical to the copy maintained by the employer in a central location in the workplace, as required by M.G.L. c. 111F, § 11(a). Where a trade secret claim is made pursuant to M.G.L. c. 111F, § 5, the MSDS shall be identical to the MSDS filed with the Department of Public Health, including the identifying code required by 105 CMR 670.020(C)(9). Each such employer shall attach to each collection of MSDSs an employer identification sheet, which shall contain the following information in the following order:
(2) Any employer who receives, compiles, or prepares new or revised information related to a MSDS on file with the Department shall provide an updated MSDS to the Department within six months of obtaining such information. Any employer who receives, compiles, or prepares an MSDS for a substance or mixture that has not been the subject of a previous filing with the Department shall file such MSDS within 30 days of such receipt, compilation, or preparation. An updated employer identification sheet, as described in 310 CMR 33.04(1), shall accompany each filing of new or updated MSDS.
(3) The Department at any time may reject as incomplete or inadequate any MSDS which fails to provide all information required under M.G.L. c. 111F, § 1, provided that:
(4) The regional office may keep on file a "master list" copy of MSDSs for toxic or hazardous substances or regulated mixtures, consisting of one completed MSDS for each such substance or mixture prepared by a particular manufacturer, together with an index of all employers who manufacture, use, process, or store regulated substances or mixtures obtained from that manufacturer. The master list may be used as the source of relevant MSDSs released to state or municipal officials or petitioning community residents.