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The 191st General Court of the Commonwealth of Massachusetts

Section 61/2: Adoption of regulations for the protection of employees consistent with federal Occupational Safety and Health Act; occupational health and safety hazard advisory board

Section 61/2. (a) This section shall apply to places of employment subject to section 28 of chapter 7. The department and the personnel administrator, after consulting with the advisory board established by subsection (b), shall jointly adopt regulations that shall provide at least the level of protection to employees as are provided under the federal Occupational Safety and Health Act of 1970, 29 U.S.C. chapter 15, including standards and provisions of the general duty clause contained in said chapter 15. In the absence of a state regulation, the department shall apply the applicable provisions of that act.

(b) The governor shall appoint an occupational health and safety hazard advisory board consisting of: the secretary of labor and workforce development or a designee, who shall serve as the co-chairperson; the personnel administrator or a designee, who shall serve as co-chairperson; the director of the division of labor standards or a designee; the secretary of administration and finance or a designee; the director of the office of employee relations or a designee; the commissioner of public health or a designee; the director of industrial accidents or a designee; 4 representatives from labor unions representing the employees of the commonwealth; 1 representative from a community-based health and safety advocacy organization; and 1 member of the faculty of the department of work environment at the University of Massachusetts, Lowell. The advisory board shall evaluate injury and illness data, recommend training and implementation of safety and health measures, monitor the effectiveness of safety and health programs and determine where additional resources are needed to protect the safety and health of employees of the commonwealth.

(c) The attorney general may bring a civil action for declaratory or injunctive relief to enforce this section.