Code of Massachusetts Regulations 455 CMR - DIVISION OF OCCUPATIONAL SAFETY
Here’s an overview of 455 CMR – Division of Occupational Safety, covering its scope, key chapters, and enforcement structure in Massachusetts:
📘 What is 455 CMR?
455 CMR is the Code of Massachusetts Regulations governing occupational safety and labor standards, overseen by the Department of Labor Standards (DLS), formerly known as the Division of Occupational Safety. It was promulgated under authority of Massachusetts General Laws (e.g., M.G.L. c. 149 & 151) (mass.gov).
It encompasses workplace safety, minimum wage, overtime, record-keeping, hazardous substances, and more.
🔢 Key Chapters (CMRs) & Their Focus
455 CMR 2.00 – Minimum Wage & Overtime
Defines minimum wage, tipped-pay, overtime criteria (> 40 hr/week = 1½× pay), and sub‑minimum rates (e.g. learners, apprentices) (regulations.justia.com, bu.edu).
Covers paid rest and meal breaks, reporting pay, anti‑kickback rules, and wage documentation requirements .
454 CMR 25.00 – Occupational Safety & Health (Public Sector)
Applies OSHA-level protections to public employees, including hazard prevention, record-keeping, and program enforcement (mass.gov).
454 CMR 21–24, 26–29, 454 CMR 28.00, etc.
Include regulations on hazardous substances ("Right to Know"), lead abatement, temporary staffing, apprenticeships, asbestos removal, and civil penalties (mass.gov).
🛡️ How Enforcement & Compliance Works
DLS (formerly DOS) drafts and administers regulations; the Attorney General’s Fair Labor Division enforces wage/labor laws (sec.state.ma.us).
DLS also provides OSHA consultation services, training, inspections (especially for small & high‑hazard employers), program audits, and issues civil citations (mass.gov).
Employers must maintain wage records for at least 2 years and injury/illness logs (bu.edu).
🧭 Where to Find the Full Text
Official source: Purchase or access via Mass.gov trial court law libraries.
Public access: LII (Legal Information Institute) and Justia offer slightly outdated versions—e.g., they still list 455 CMR 2.00 as “repealed”, though the entire part remains actively enforced (law.cornell.edu).
✅ Summary Table
Regulation
Content
Administered by
455 CMR 2.00
Min. wage, overtime, breaks, wage documentation, tipped employees
DLS + AG
454 CMR 25.00
Public-sector occupational safety & health
DLS
Other (21–24, 26–29, 28)
Hazard communication, lead, asbestos, apprenticeships, penalties, agencies
DLS
📌 Next Steps
Use the Mass.gov or DLS Trial Court Library PDF to access the most updated version.
Employers: review relevant CMR(s) and ensure payroll, safety, hazard communication, and record-keeping compliance.
Employees: consult DLS or the AG’s Fair Labor Division for advice or to file complaints (e.g., unpaid wages, unsafe workplace).
RELATED Blog
0 comments