Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos
Section 28.17 - Cease and Desist Orders

Universal Citation: 454 MA Code of Regs 454.28

Current through Register 1531, September 27, 2024

(1) General. The Director, upon determination that there is a violation of any work place standard which compromises the protection of the general public or the occupational health and safety of workers, or of any standard or requirement for licensure or certification, may order any worksite to be closed by way of the issuance of a Cease and Desist order enforceable in the appropriate courts of the Commonwealth. For purposes of such Cease and Desist orders, the worksite may include the area where asbestos related work is being performed and other areas of a facility or location which the Director determines may be hazardous to the health and safety of workers and the general public as a result of such asbestos work.

(2) Form and Content of Order. Cease and Desist Orders shall be in writing and shall, at a minimum, contain the following:

(a) A description of the premises or work area to which the order applies;

(b) Violations or conditions serving as the basis for issuing the order; and

(c) Any conditions that must be met or remedial action to be taken before the order can be lifted.

(3) Issuance of Cease and Desist Orders. A Cease and Desist order shall be effective immediately upon delivery in hand or by certified mail to any Responsible Person or agent of the contractor or entity performing the work. A copy of the order shall also be delivered in hand or by certified mail to the facility owner or his or her agent to the address on record with the Secretary of State. A party objecting to such order must comply with such order but may make a written request for a hearing pursuant to M.G.L. c. 30A within ten days following service of the order.

(4) Posting of the Worksite. At the time the Cease and Desist Order becomes effective, the Director shall cause the worksite to be conspicuously posted, such posting to contain the content of the Cease and Desist Order and any other information the Director determines necessary to secure the worksite and to adequately warn of hazards. Notices must remain posted until the order is lifted.

(5) Access to Closed Worksite. Access to the worksite closed by a cease and desist order must be restricted to the Department and other persons authorized by the Director.

(6) Rescission of Cease and Desist Orders. The Director may rescind a Cease and Desist Order following his or her determination that the conditions which resulted in the issuance of said Cease and Desist Orders have been corrected and that all administrative orders or conditions issued in connection with the same have been complied with. Notices rescinding Cease and Desist Orders, which shall be in writing, shall be delivered in hand or by certified mail to any Responsible Person or agent of the contractor or entity performing the work. A copy of the rescission notice shall also be delivered in hand or by certified mail to the facility owner or his or her agent.

(7) Administrative Orders. In accordance with M.G.L c. 149, §§ 6 and 6F1/2, the Director or his or her representative may issue orders for the correction of unsafe conditions at Asbestos work sites. Persons, firms or other entities who fail to comply with said orders shall be subject to the penalties provided by M.G.L c. 149, §§ 6, 6F and 6F1/2, and 454 CMR 29.00: Civil Administrative Penalties.

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