Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 25.00 - Occupational Safety and Health for Public Sector Workers
Section 25.03 - Inspections

Universal Citation: 454 MA Code of Regs 454.25

Current through Register 1531, September 27, 2024

(1) The Department of Labor Standards shall have the authority set forth in M.G.L. c. 149, §§ 6, 61/2, 10 and 17 and 29 CFR Part 1903 to conduct inspections of all places of employment covered by M.G.L. c. 149, § 61/2 including, but not limited to, the authority to:

(a) enter without delay and at reasonable times any place of employment where work is performed by an employee or where there is reason to believe that a violation of safety or health standard exists or where there is reason to believe the employer is not furnishing to each employee a place of employment which is free from recognized hazards, per the General Duty Clause and examine the methods of protection from accident, the means of escape from fire, the sanitary provisions, the lighting and means of ventilation, and determine what suitable safety devices or other reasonable means or requirements for the prevention of accidents or industrial or occupational diseases shall be adopted or followed, and conduct such investigations as the Department may deem necessary;

(b) inspect and investigate during the employer's regular working hours and at other reasonable times any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein; and

(c) question privately any employer, owner, manager, agent or employee, and review all records required by 454 CMR 25.06 or 454 CMR 25.02 including, but not limited to, records regarding:
1. Any claimed safety or health violation;

2. Work-related deaths, injuries and illnesses other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or of motion, or transfer to another job;

3. Any potential safety or health hazard at any place of employment;

4. Employee exposure to potentially toxic materials or other harmful physical agents which 454 CMR 25.06 requires to be monitored or measured;

5. Any other employer activities relating to 29 U.S.C. § 651, et seq.;

6. Training records including, but not limited to, certificates, letters of completion and other personnel records, as well as agency records of training, such as rosters, agendas, and curriculum; and

7. Written programs, including required safety programs as stipulated by the applicable standards referenced in 454 CMR 25.02, standard operating procedures, policies, and other written programs.

(2) When an employer requires security clearances for entry into a particular area, the employer shall provide appropriate clearances to the Department. In the event the employer does not control the security clearances, the employer shall make reasonable effort to obtain access for the Department.

(3) The inspection shall be conducted in such a manner as to preclude unreasonable disruption of the employer's operations.

(4) Any person who gives advance notice of any inspection to be conducted pursuant to 454 CMR 25.00 without authority from the Director shall, upon conviction, be punished per M.G.L. c. 268A, §§ 23 and 26.

(5) Employees or employee representatives shall have the right to report unsafe and unhealthful working conditions to the employer and/or to the Department in accordance with 29 CFR Part 1903.

(6) The Department shall direct inspections and questioning of persons. A representative of the employer and an employee-authorized representative shall be given an opportunity to accompany the Department during the physical inspection of any workplace, if it does not interfere with the conduct of the inspection or present a safety or health hazard as determined in the sole discretion of the Department in accordance with 29 CFR Part 1903.

(7) The Department shall have the right to compel witnesses and evidence, and to issue fines and stop work orders for violations of its safety regulations.

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