454 CMR, § 28.17 - Cease and Desist Orders
(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.
Notes
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