Massachusetts Right to Know Workplace Notice Mandatory

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RI GHT TO KNOW  
WORKPLACE NOTICE 	
 
            	
 	
 
The RIGHT TO KNOW LAW, Chapter 111F  of the Massachusetts General Laws, provides rights to Public 
Sector employees* regarding the communication of information on toxic  and hazardous substances. These rights 
include:  
  
WORKPLACE NOTICE - A notice must be posted in a central location in the workplace informing employees 
of their rights under the law.  The notice must be in the English language.  In workplaces where employe es’ first 
language is other than English, the notice must be posted in that language.   
 
TRAINING -  Employers must provide an annual training program to employees who work with toxic or 
hazardous substances.  New employees must receive training within thirt y days from date of hire.  The training 
program must be conducted by a competent person and may be in the form of verbal and/or written instruction.  
At a minimum, training must include an explanation of employee rights, information on how to read an MSDS, 
the specific hazards of the chemicals used, handled or stored in the workplace, the type of personal protective 
equipment to be worn, and information on labeling of hazardous substances.  This training must be done with pay 
during the employee’s normal work shift or work hours.  The employer must maintain a record of this training.    
 
MATERIAL SAFETY DATA SHEET (MSDS) - The Material Safety Data Sheet is the document that provides 
information on each toxic or hazardous substance used or stored in the workpla ce.  An employee or his or her 
designated representative has the right to obtain and examine the MSDS for any toxic or hazardous substance to 
which the employee “is, has been, or may be”, exposed, if the employee’s request is made to the employer in 
writin g.  After four working days from the date the request is made, an employee can refuse to work with the 
substance under two circumstances:  
  1.  The employer fails to: (a) furnish the employee with the MSDS and (b) furnish the employee with 
proof that the   employer has exercised diligent effort to obtain the MSDS, either through the 
manufacturer or through the Commissioner of the Division of Occupational Safety, or,  
 
2.  The MSDS provided by the employer is incomplete or outdated.   
 
LABELING - All containers in the workplace of more than five pounds or more than one gallon, containing toxic 
or hazardous substances, must be labeled with the chemical name of the substance.  Containers of mixtures must 
be labeled with the chemical name of each toxic or hazardous constituent when the constituents comprise one 
percent or more of the mixture.  Containers must also be labeled with the appropriate National Fire Prevention 
Association (NFPA) symbol if available.  Labels must be clear, prominent, in English and weather re sistant.  
There are some exceptions to the labeling requirements for containers which are labeled in accordance with 
certain Federal laws.  
 
NON- DISCRIMINATION -  An employee who believes he or she has been discharged, disciplined, or in any 
other manner disc riminated against by an employer for exercising rights granted under the Law, has one hundred 
eighty days following the violation of the Law or following the date on which he or she obtained knowledge that a 
violation occurred, to file a complaint with the  Commissioner of the Division of Occupational Safety.  A copy of 
the complaint must be sent to the employer at the same time by certified mail.   
 
NOTE - The employee rights listed above are further defined in Chapter 111F of the Massachusetts General Laws 
a nd the Code of Massachusetts Regulations 454 CMR 21.00.  Copies of the law and regulation can be obtained at 
the Statehouse Bookstore (617- 727-2834). 
All Right- to Know Inquiries should be addressed to:  
Department of Labor Standa rds 
19 Staniford Street, 2	
nd Floor  
Boston, MA 02114  
Tel.: 617- 626-6975   	
 
*Private sector employees in Massachusetts are covered by a similar regulation, the Hazard Communication 
Standard  (29 CFR 1910.1200), enforced by the Federal Occupational Safety and Health Administration (OSHA 
617- 565-9860).