310 CMR, § 33.08 - Exceptions

(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.

Notes

310 CMR, § 33.08