(a)
Exception 1. The
Director of DLS may grant exceptions to
454 CMR 21.00. Such
exceptions shall be granted in any particular case only where it is clearly
evident that it is necessary to prevent undue hardship or where existing
conditions prevent compliance. In no case shall any exceptions be granted
unless, in the opinion of the Director, reasonable protection of the health and
safety of the employees and others will be maintained. A request for exception
shall be submitted to the Director in writing specifically setting forth the
desired exception, the reason that the enforcement of the applicable provision
is unreasonable and the nature of the undue hardship. Exemptions shall remain
in force until rescinded in writing by the Director.
(b)
Exception 2.
Items containing fluids and particles which by use and form are commonly
classified as consumer products and, being either inert or totally encapsulated
are not defined as articles under the provisions of M.G.L. c. 11F, § 1,
are exempt from the provisions of M.G.L. c. 111F, §§ 11 and 15, if:
1. consumer goods (goods primarily used or
bought for use by individuals for personnel, family or household purposes) when
used in the workplace, where:
a. the toxic or
hazardous substances contained therein are not listed as carcinogens, mutagens,
tertogens, neurotoxins or extraordinarily hazardous substances as defined by
the DPH, and
b. they are not
required to be labelled under M.G.L. c. 111F, § 7b, and
c. the substances are used in the workplace
in such a manner that employee exposure is equivalent to exposures resulting
from consumer usage.
2.
office supplies, including those materials to be found at the employee's desk
or similar work area in an office environment and toner used in photographic or
other types of office copying machines, where
a. the substance is present only in amounts
and forms substantially equivalent to the amount and forms generally available
to consumers, and
b. the substance
is used in the workplace in such a manner that employee exposure is equivalent
to consumer usage,
4. gasoline, oils and
other additives in fuel tanks, engines, and other operating systems of
passenger vehicles or light duty trucks, where
a. the substances are present only in amounts
and forms substantially equivalent to the amounts and forms generally available
to consumers, and
b. the substances
are used in such a manner that employee exposure and environmental exposure are
substantially equivalent to exposures resulting from consumer usage,
5. fuel oils number 1, 2, 3, 4, 5,
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.
454 CMR 21.00 is intended to
complement and not to contravene
105
CMR 670.000: "Right to Know" and
310 CMR 33.00:
Implementation of M.G.L. c. 111F, Employee and Community "Right to
Know".