Section 6: Research laboratories; exemption
Section 6. A research laboratory, as defined in section one, shall be exempt from the provisions of this chapter. In order to qualify a work area of a workplace or a workplace as a research laboratory, an employer shall file a sworn statement with the commissioner of DPH which shall include sufficient information pertaining to the workplace or area and the personnel employed therein to enable the commissioner to determine whether the workplace or work area is qualified for the research laboratory exemption, and assurance that the employer has notified the employees of said workplace or work area that this exemption is being claimed.
If the commissioner fails to receive sufficient information to determine whether a workplace or work area qualifies as a research laboratory, or if the commissioner has reason to believe that the workplace or work area does not qualify as a research laboratory, or that the operation of the workplace or work area for which a research laboratory exemption has been claimed poses a threat to the health and safety of employees employed at that workplace or work area, he shall notify the employer in writing and offer the employer an opportunity for a hearing pursuant to chapter thirty A of the General Laws. If the employer fails to substantiate his claim that a workplace or work area is a research laboratory and that said laboratory is being operated in a manner which does not pose a threat to the health and safety of employees employed at that workplace or work area, the commissioner may issue an order revoking the research laboratory exemption in part, or in its entirety for that workplace or work area. The commissioner of DPH may establish by regulation the conditions under which a research laboratory may retain its exemption. An employer may appeal an order of revocation pursuant to the procedures of chapter thirty A.