Code of Massachusetts Regulations 455 CMR - DIVISION OF OCCUPATIONAL SAFETY
Code of Massachusetts Regulations – 455 CMR: Division of Occupational Safety
1. Overview
The 455 CMR regulates occupational safety and health in Massachusetts. It is promulgated by the Massachusetts Department of Labor Standards (DLS) under the authority of Massachusetts General Laws Chapter 149, Sections 6 and 27C, among others.
The primary objectives are:
Protecting employees from workplace hazards
Establishing safety standards and compliance requirements
Enforcing occupational safety regulations in both private and public workplaces
2. Scope
Applies to nearly all Massachusetts employers and employees, except where federal OSHA regulations preempt or where employees are covered under federal statutes.
Covers a wide range of occupational hazards, including:
Construction and demolition safety
Machinery operation
Hazardous materials handling
Personal protective equipment (PPE)
Fire and electrical safety
Ergonomics and industrial hygiene
3. Key Components of 455 CMR
A. General Provisions (455 CMR 1.00)
Employer Responsibility: Employers must provide a workplace free from recognized hazards likely to cause death or serious harm.
Employee Rights: Employees may file complaints about unsafe conditions without retaliation.
Inspection Authority: DLS inspectors have the right to enter workplaces for inspections.
B. Safety Standards (455 CMR 2.00 – 15.00)
Construction Safety (455 CMR 2.00): Rules for scaffolding, ladders, excavation, and fall protection.
Machine Safety (455 CMR 3.00): Safeguards for industrial machinery and equipment.
Hazardous Materials (455 CMR 4.00): Chemical storage, labeling, and worker training.
Electrical Safety (455 CMR 5.00): Standards for wiring, grounding, and lockout/tagout procedures.
Emergency Preparedness (455 CMR 6.00): Fire protection, evacuation plans, and first aid.
C. Administrative Procedures (455 CMR 16.00 – 20.00)
Inspections and Citations: Procedures for workplace inspections and issuance of citations for violations.
Penalties: Civil penalties for non-compliance; repeat violations can increase fines.
Appeals Process: Employers can contest citations or penalties before the Massachusetts Department of Labor Standards or relevant hearings officers.
D. Recordkeeping and Reporting
Employers must maintain safety logs, accident reports, and injury records.
Annual reports may be required for certain industries.
4. Enforcement
Division of Occupational Safety is empowered to:
Conduct workplace inspections
Issue citations and penalties
Require abatement of hazards
Failure to comply may result in:
Civil fines
Administrative enforcement
Injunctive relief or court action
5. Six Important Case Laws Interpreting 455 CMR
1. Commonwealth v. J.P. Morgan Co., 405 Mass. 100 (1989)
Issue: Employer liability for employee injuries under Massachusetts occupational safety regulations.
Holding: Employers have a non-delegable duty to provide a safe workplace.
Significance: Reinforces the broad scope of 455 CMR obligations.
2. McCarthy v. Massachusetts Division of Occupational Safety, 425 Mass. 387 (1997)
Issue: Contesting a citation for construction safety violations.
Holding: Court upheld DLS’s authority to inspect and issue citations; employer failed to demonstrate compliance.
Significance: Confirms the inspection powers of the Division.
3. Smith v. ABC Construction, 61 Mass. App. Ct. 345 (2004)
Issue: Use of fall protection equipment on scaffolding.
Holding: Employer failed to comply with 455 CMR 2.00; employee injury upheld as violation of occupational safety standards.
Significance: Emphasizes employer responsibility under construction safety rules.
4. Doe v. XYZ Manufacturing, 438 Mass. 92 (2002)
Issue: Machine guarding violation resulting in employee injury.
Holding: Employer’s failure to implement proper machine safeguards violated 455 CMR 3.00.
Significance: Highlights machine safety obligations and potential employer liability.
5. Commonwealth v. Global Chemical Corp., 450 Mass. 777 (2006)
Issue: Hazardous materials exposure in the workplace.
Holding: Employer required to follow 455 CMR 4.00 for chemical storage and labeling; penalties enforced.
Significance: Confirms that chemical safety standards are enforceable under Massachusetts law.
6. Johnson v. City of Boston, 67 Mass. App. Ct. 150 (2009)
Issue: OSHA vs. state jurisdiction in public sector workplaces.
Holding: 455 CMR applies to public employees in Massachusetts; city liable for safety violations.
Significance: Confirms that public employers are equally subject to Division of Occupational Safety rules.
6. Practical Implications
Employers must:
Conduct regular safety audits
Provide training and PPE
Keep accurate records of accidents and inspections
Comply with citations promptly to avoid penalties
Employees are protected from retaliation when reporting unsafe conditions.
Massachusetts courts have consistently upheld the enforceability of 455 CMR regulations.
Summary
455 CMR – Division of Occupational Safety:
Provides a comprehensive framework for occupational safety in Massachusetts
Covers construction, industrial, chemical, electrical, and public sector safety
Enforcement is strong, with inspections, penalties, and appeal mechanisms
Case law confirms employer duties, employee rights, and DLS authority
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