Definitions

The following definitions shall apply in the application of 454 CMR 21.00. The singular includes the plural and the plural includes the singular. Director. The Director of the Department of Labor Standards. Director's Representative. An employee of the Department of Labor Standards so designated in writing by the Director. Competent Individual. The authorized person who, through experience or education, has a level of knowledge and capabilities necessary to conduct the training program as outlined in 454 CMR 21.07. DLS. Department of Labor Standards. DPH. Department of Public Health. Foreseeable Emergency A situation or condition that could reasonably be anticipated as a result of acts or omissions involving the use of toxic or hazardous substances in the work place. Immediate Use. Those circumstances under which the toxic or hazardous substance or mixture containing such substance remains under the control of and is used only by the person who transfers the substance or mixture from a labeled container and such use occurs within the work shift in which the substance or mixture is transferred. Legally Incapacitated. The condition in which a person is unable to act on his or her own behalf as defined by law and resulting from a determination of an appropriate court of the Commonwealth or of another state. Mixtures. Mixtures may be prepared and produced by a manufacturer and furnished or sold, directly or indirectly to employers for use by their employees at the workplace. Mixtures may also be prepared by employers for use by their employees at the workplace. MSDS. Material Safety Data Sheet. Normal Operating Conditions. Those conditions arising during the employer's regular course of business, including those conditions which might reasonably be expected to occur as a result of foreseeable emergencies. Normal Working Conditions. Those conditions encountered by an employee as a result of the employees work assignments, except those arising as a result of an unforeseeable emergency. Reasonable Procedures. A clear written procedure, provided to employees, that is consistent for all employees similarly situated and sets forth the method or manner, during the work shift, in which the employer will respond to an employee's request for an MSDS. Verified Complaint. A written complaint attested to by the employee.