310 CMR, § 33.05 - Release of MSDS to Government Officials

(1) Departments of Public Health and Labor and Industries. All employers are hereby notified that the Departments of Public Health and Labor and Industries shall have continual access to all MSDSs filed with the Department via interlocking filing systems; thus, copies of all MSDSs filed with the Department have been provided to these agencies upon entry in the system.

(2) Other Agencies of the Commonwealth. Any other state agency may file a written request for MSDS information.

(a) Such request shall identify to the extent possible the name and location of each employer to whom the request pertains, and each substance about which information is sought. Where specific identification is not possible, the request should identify categories of employers or substances.

(b) The request shall contain a written justification explaining why the information is essential to the performance of a duty to protect public health or safety, including:

1. a reference to the authority to be exercised, and

2. a statement of the actions proposed as performance of such a duty. A statement that the information is essential to determine whether any additional actions are necessary shall be sufficient, if accompanied by a summary of some or all contemplated actions the requesting agency is authorized to take.

3. the specific reasons access to MSDS information is essential.

(c) The request shall be filed with the appropriate regional office of the Department.

(d) The Department shall make a written determination whether to release any MSDS information. Copies of the determination shall be mailed to the requesting agency and to the relevant employer(s). When an MSDS is released, it shall be accompanied by a statement advising the recipient of the restrictions on disclosure of said MSDS.

(3) Imminent Threat.

(a) Where the Department determines that an imminent threat to public health or safety exists, it may release a copy of any relevant MSDS information to any state agency with authority and responsibility to act to respond to such threat, or to the municipal coordinator of the affected municipality. Within five working days of such release, the Department shall prepare a written statement outlining the basis for the determination that an imminent threat existed and notifying the employer of the release of MSDS information.

(b) Where a municipal coordinator determines that an imminent threat to public health or safety exists, the municipal coordinator may release a copy of any relevant MSDS to any official of the same municipality if the municipal coordinator also determines that immediate access to the MSDS information is critical to the other official's performance of a duty to protect public health or safety (under existing statute, regulation, ordinance or by-law). Within five working days of such release, the municipal coordinator shall prepare a written statement outlining the basis for the determinations that an imminent threat existed and that such immediate access was critical, and notifying the relevant employer(s) of the release. A copy of this statement shall be provided to the Department. The municipal coordinator shall advise the recipient of the restrictions on disclosure of said MSDS at the time of the release.

Notes

310 CMR, § 33.05