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 33.08 - Exceptions
Universal Citation: 310 MA Code of Regs 310.33
Current through Register 1531, September 27, 2024
(1) The Commissioner may, by regulation, establish exceptions from specific requirements of 310 CMR 33.00 for classes of substances or mixtures. Any such exception shall not relieve any employer from the obligation to comply with other provisions of 310 CMR 33.00 or the regulations of any other agency under M.G.L. c. 111F.
(2) Exception from filing requirements. The filing requirement set forth in 310 CMR 33.04 shall not apply to toxic or hazardous substances present in a workplace in the following forms and circumstances:
(a)
consumer goods (goods primarily used or bought for use by individuals for
personal, family or household purposes) when used in the workplace, where,
1. the toxic or hazardous substances
contained therein are not listed as carcinogens, mutagens, teratogens,
neurotoxins, or extraordinarily hazardous substances as defined by the
Department of Public Health, and
2.
they are not required to be labelled under M.G.L. c. 111F, § 7(b),
and
3. the substance is used in the
workplace in such a manner that employee exposure is substantially equivalent
to exposures resulting from consumer usage.
(b) office supplies, including those
materials to be found at an employee's desk or similar work station in an
office environment (for example, typewriter correction fluid, ink in pens, and
glue), and toner used in photographic or other types of office copying
machines, where
1. the substance is present
only in amounts and forms substantially equivalent to the amount and forms
generally available to consumers, and
2. the substance is used in the workplace in
such a manner that employee exposure is substantially equivalent to exposures
resulting from consumer usage.
(c) food stuffs.
(d) gasoline, oils and other additives in
fuel tanks, engines, and other operating systems of passenger vehicles or light
duty trucks, where
1. the substances are
present only in amounts and forms substantially equivalent to the amounts and
forms generally generally available to consumers, and
2. the substances are used in such a manner
that employee exposure is substantially equivalent to exposures resulting from
consumer usage.
(e) fuel
oils number 1, 2, 4, 5, and 6, natural gas, kerosene, petroleum, or propane,
where used for space heating or power generation purposes, such that employees
are not exposed to fumes or combustion by-products, and all required emission
control equipment is used.
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