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PART I
TITLE XXI
CHAPTER 149
Massachusetts Laws
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE XXI
LABOR AND INDUSTRIES
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CHAPTER 149
LABOR AND INDUSTRIES
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Section 1
Definitions
Section 2
Enforcement of chapter
Section 3
Inspections and investigations
Section 4
Reports of diseases
Section 5
Investigations of industrial conditions; complaints; prosecutions
Section 6
Safety devices and means to prevent accidents and diseases generally; fees for structural painting
Section 6A
Monitoring, inspection and investigation of work involving asbestos
Section 6B
License for business activities involving asbestos; fee
Section 6C
Health and safety of general public and asbestos workers; rules and regulations
Section 6D
Complaints by employees relating to asbestos; retaliation by employer
Section 6D.5
Employer required to reimburse uncompensated care pool; retaliation by employer
Section 6E
Violations of workplace standards relating to asbestos; cease and desist orders
Section 6F
Penalties
Section 6F1/2
Action for temporary restraining order or injunction against violations of Secs. 6A to 6E; enforcement
Section 6G
Release or waiver of damages caused by asbestos
Section 7
Committees for investigations and recommendation of regulations
Section 8
Notices and hearings before adoption of regulations and orders; effective dates
Section 9
Appeals; suspensions pending hearings; enforcement of orders; other remedies
Section 10
Entry of places of employment for investigations
Section 11
Reports by physicians generally
Section 11A
Occupational lead registry; blood lead testing reports; regulations; enforcement
Section 12
Regulations prevailing over regulations of workmen’s compensation insurer
Section 13
Violations of regulations or orders
Section 14
Annual reports of commissioner
Section 15
Inspection districts; assignment of inspectors
Section 16
Receipt of gift by inspector
Section 17
Entry of places of employment for examinations and investigations; access to records
Section 18
Duties of industrial health inspectors relative to minors
Section 18A
Sanitary and safety conditions; tools
Section 18B
Confined spaces; ventilation
Section 18C
Power transmission equipment
Section 18D
Ropes, hooks and cranes; use and operation
Section 18E
Safety precautions in dangerous undertakings
Section 18F
Explosives
Section 18G
Industrial truck and internal combustion equipment; operation; construction of docks
Section 18H
Stop signals
Section 18I
Penalty
Section 19
Prevention of employment
Section 19A
Copy of medical report for employee
Section 19B
Lie detector tests; use as condition of employment; penalty; civil action
Section 19C
Employment of aliens restricted; regulations; penalty
Section 20
Coercion of agreement not to join a labor organization
Section 20A
Relief afforded by contract relative to membership in a labor or employer organization
Section 20B
Liability for unlawful acts of officers, members or agents of an organization
Section 20C
Definitions
Section 20D
Solicitation, acceptance or payment of money to encourage or discourage formation or functioning of a labor organization
Section 20E
Business combination transactions; labor contracts; definitions; remedies
Section 21
False notices or advertisement for help or employment
Section 22
Advertising for or soliciting employees during labor troubles; notice to employment agency; employment of children
Section 22A
Professional strikebreakers; obstruction of picketing
Section 23
Filling place of employees; size of letters mentioning labor troubles; penalty
Section 23A
Armed guards during labor troubles; qualifications; violation of statute
Section 23B
Use of civil defense personnel in labor disputes
Section 24
Communications and conduct during labor disputes
Section 24A
Dismissal or refusal to employ; penalty
Section 24B
Contract provisions
Section 24C
Investigation of complaints; ascertainment of age of employees; examination and transcript of records
Section 24D
Records of ages of employees; copy furnished to commissioner; violation of statute
Section 24E
Hindering investigation; refusal of information
Section 24F
Discharge of employee for furnishing evidence or testifying
Section 24G
Publication of name of employer; summons to show cause; liability for damages
Section 24H
Appeal from decision of commissioner
Section 24I
Farm labor
Section 24J
Partial invalidity
Section 24K
Repealed, 1983, 533, Sec. 1
Section 25
Lodging, board and trade of public employees; statute part of employment contract
Section 26
Public works; preference to veterans and citizens; wages
Section 27
List of jobs; classification; schedule of wages; penalty; civil action
Section 27A
Appeals from classifications and wage determinations
Section 27B
Records of employees; payroll records; statements of compliance
Section 27C
Penalties for violations of certain sections by employers, contractors, subcontractors or their employees
Section 27D
“Construction” and “constructed” defined
Section 27E
Employment of residents in highway districts
Section 27F
Wages of operators of rented equipment; agreements; penalty; civil action
Section 27G
Wages of employees of moving contractors; contracts; injunctive relief; damages
Section 27H
Wages of employees of maintenance or cleaning contractors; contracts; civil action
Section 28
Right of action against city or town for labor; filing statement; fee; limitations
Section 29
Bonds for payment for labor, materials, rentals or transportation charges; enforcement of claim; notice of claim; speedy trial, appeal, consolidation; dismissal; legal fees; posting statute
Section 29A
Enforcement of surety bonds by persons furnishing labor or materials on private building projects
Section 29B
Waiver or cancellation of payment bond
Section 29C
Indemnification as part of contract
Section 29D
Surety company; bonds
Section 29E
Construction contracts; reasonable time periods for periodic progress payments and increases in contract price; payment conditioned upon receipt of payment from third party; requirement to continue performance of construction without payment
Section 30
Eight hour day and six day week; emergencies; work on highways
Section 30A
Tours of duty and hours of work of state employees; regulations
Section 30B
Overtime of state employees; regulations
Section 30C
Work week of uniformed members of state police; overtime service; compensation; rules and regulations
Section 31
Eight hour day for towns and public works for towns; emergencies; acceptance of statute relating to employees of commonwealth
Section 32
Scope of words “laborers, workmen and mechanics” and “requiring”
Section 33
Hours of labor to make up Saturday half holiday
Section 33A
Five day and forty hour week for cities and towns; emergencies; overtime; reduction of compensation
Section 33B
Five day week and eight hour day for cities and towns; overtime; reduction of compensation
Section 33C
City and town employees; overtime; effective date
Section 33D
Blood donations; leave of absence without loss of pay
Section 33E
Leave of absence to serve as organ donor; state, county and certain municipal employees
Section 34
Public contracts; stipulation as to hours and days of work; void contracts
Section 34A
Contracts for public works; workers’ compensation insurance; breach of contract; enforcement and violation of statute
Section 34B
Contracts for public works; wages for reserve police officer
Section 34C
Application of Secs. 30, 34 and 35
Section 35
Violation of Sec. 30, 31 or 34
Section 36
Nonapplicability of eight hour day and six day week statutes
Section 37
Nine hour day for towns
Section 38
Annual vacation for employees of commonwealth
Section 39
Hours of labor in institutions; employees with less hours under other statutes; emergencies
Section 40
Repealed, 1954, 632, Sec. 2
Section 41
Saturday half holiday for commonwealth
Section 42
Work by employees of commonwealth on day work basis
Section 43
Nondiscrimination
Section 44
Service by veterans on Memorial Day
Section 441/2
Termination of employment for veterans following return from overseas duty
Section 44A
Definitions; competitive bids; award; bonds; extreme emergency situations; records contracts not subjected to competitive bid process
Section 44A1/2
Fair competition for bidders on construction
Section 44B
Plans and specifications; bid deposits
Section 44C
Suspension or debarment of contractors
Section 44D
Submission of bid or offer; application for certification
Section 44D1/2
General contractor bids; prequalification procedures
Section 44D3/4
Subcontractor sub-bids; prequalification procedures
Section 44E
Filing of bids; forms; modular buildings
Section 44E1/2
Renovation and repair of state house and historic Suffolk County courthouse; solicitation of bids; evaluation of bids; contract award; payment and performance bonds
Section 44F
Plans and specifications; sub-bids; form; contents
Section 44G
Allowances; alternates; weather protection devices
Section 44H
Enforcement
Section 44I
Severability
Section 44J
Invitations to bid; notice; contents; violations; penalty
Section 44K, 44L
Repealed, 1980, 579, Sec. 55
Section 44M
Energy systems; life-cycle cost estimates
Section 45
Work on holidays
Section 46
Work for time lost by holidays
Section 47
Sunday work without a day off
Section 48
One day of rest in seven; operation of business on Sunday; violations
Section 49
Establishments not subject to Sunday work and rest days; railroads or railways
Section 50
Work not subject to Sunday work and rest days
Section 50A
One day of rest in seven for watchmen and employees maintaining fires, violations
Section 51
Posting list of employees working on Sunday; work on days of rest
Section 51A
Exemption for special circumstances; days of rest and Sunday business
Section 51B
Repealed, 1985, 572, Sec. 6
Section 52
Time books; violation of statute
Section 52A
Ready reserve; absence from work for military training; non-compliance
Section 52A1/2
Veterans; participation in Veterans or Memorial Day exercise; leave of absence granted; exceptions
Section 52B
Employment applications; volunteer work as experience
Section 52C
Personnel records; review by employee; corrections; penalty
Section 52D
Family and medical leave; enforcement
Section 53, 53A
Repealed, 1980, 131, Sec. 2
Section 54
Core rooms where workers employed; investigations; regulations; violations
Section 55
Repealed, 1974, 345
Section 56
Hours of work; posting notices; making up time lost by stoppage of machinery; employment by shifts; minors employed on farms
Section 57
Employment in violation of statute
Section 58
Elevator operators
Section 59
Repealed, 1974, 371, Sec. 1
Section 60
Children under sixteen in general; school hours; night work; plays or musical comedies; fashion shows; hospitals
Section 61
Minors under sixteen; particular employments
Section 62
Minors under eighteen
Section 62A
Employment of vocational agricultural students
Section 63
Dangerous or injurious employment of minors; hearing and determination
Section 64
Employment of minors where liquor sold; taking or sending minors to immoral places
Section 65
Hours and days of, and time for, work of minors under sixteen; time in continuation school or courses of instruction
Section 66
Time of work for children; exceptions
Section 67
Days and hours of work for boys or girls under eighteen
Section 68
Time for work of minor messengers
Section 69
Children as newspaper vendors; restrictions; penalty
Section 70
Minors under sixteen as vendors and bootblacks, scavengers or other trade in street or public places; charge for badge for employment
Section 71
Issuance of badges to minors; proof of age; grounds for refusal to issue
Section 72
Badges; wearing; transfer; exhibition; regulations for issuing
Section 73
Time for work of minors under sixteen engaged as vendors, bootblacks, scavengers or in any other trade in streets or public places
Section 74
Posting of notice of hours of work of minor; employment at other times; changing terms
Section 75
Forms of notice furnished by attorney general
Section 76
Inspectors; duties; prosecutions
Section 77
Enforcement of statutes; supervisors of attendance; appointment; powers
Section 78
Employment of, and permitting work by, minors contrary to statutes; reports of violations
Section 78A
Written warnings and civil citations; appeal; penalties; criminal complaint
Section 79
Hindering inspectors, supervisors of attendance or department representatives; refusal of admittance or to give information
Section 80
Furnishing minors with articles for sale in, and encouragement of, violation of statutes
Section 81
Compelling or permitting minor to work in violation of statute; certification of false statement
Section 82
Violation of statutes by persons issuing badges or enforcing statutes
Section 83
Violation of statutes by minors; revocation of badge; refusal to surrender; working after revocation
Section 84
Service of summons or warrants
Section 85
Nonapplicability of statutes
Section 86
Employment of children with permit; particular employments; filing, accessibility and return of, and failure to return, permit; list of employed children
Section 87
Employment permits in general; approval; return of evidence of age; certificate by town clerk; notice of child’s violation of statute
Section 88
School record for employment permit; educational qualification; necessary school attendance
Section 89
Employment permits; contents; signatures; fee; duplicate; records; papers furnished by department; explanatory matter
Section 90
Violation of statute; forged evidence of age or birth; certification of false statements in, and alteration of, permit
Section 91
Cessation of employment for non-attendance of continuation school; violation of statute
Section 92
Visiting to ascertain employment of children; reporting illegal employment; complaint; violation of statute
Section 93
Employment contrary to statute; taking minor to school; reporting evidence to court or justice; complaint; violation of statute
Section 94
Employment permits, educational certificates and lists of employed minors produced for inspection; evidence of illegal employment
Section 95
Minors 16 years or older who have not completed requirements for sixth grade; attendance at school
Section 95A
Educational certificates; exceptions
Section 96
Manual training and industrial education; effect of statutes
Section 97, 98
Repealed, 2006, 426, Sec. 17
Section 99
Repealed, 1974, 372, Sec. 1
Section 100
Hours of work without interval for meal; duration; violation of statute
Section 101
Nonapplicability of statute relating to mealtimes and intervals for meals
Section 102
Labor during mealtime without knowledge of employer
Section 103
Seats for employees; violation of statute
Section 104
Children participants in public exhibitions; violation of statute
Section 104A
Repealed, 1982, 364, Sec. 1
Section 105
License for theatrical exhibitions or shows in which children are employed
Section 105A
Discrimination forbidden; damages; actions in general; assignment of claim; limitations
Section 105B
Violation of statutes; discharge or discrimination because of complaint, proceedings or testimony
Section 105C
Entry of premises, and investigation to determine compliance with statute
Section 105D
Entitlement of female employees; rights and benefits
Section 106
Drinking water; violation of statute; coverage of term “industrial establishments”
Section 107
Water for humidifying purposes; violation of statute
Section 108
Thermometers for humidity and temperature; regulations; place; reading; record
Section 109
Nonapplicability of statute relating to thermometers; hygrometers; psychrometers; records
Section 110
Relative humidity limits
Section 111
Sources of water for humidifying purposes; clean air ducts
Section 112
Failure to comply with statutes after request
Section 113
Light, ventilation, cleanliness, sanitation and heat in establishments
Section 114
Investigations and suggestions relative to eyes and vision
Section 115
Devices and means to prevent injury to eyes; order; compliance; violation of statute
Section 116
Investigations as to light; notice to change; failure to comply with order
Section 117
Ventilation
Section 118
Means to diminish inhalation of dust
Section 119
Hoods or hoppers and suction pipes for emery or buffing wheels or belts
Section 120
Form and place of hoods or hoppers; size and speed of blowers; approval by attorney general
Section 121
Nonapplicability of statutes relating to emery and buffing machinery
Section 122
Violation of statutes relating to ventilation, dust and emery and buffing machinery
Section 123
Inspections relative to apparatus for emery and buffing machinery; complaint; prosecution
Section 124
Communication between engineer’s room and machinery room
Section 125
Violation of statute relating to communication
Section 126
Fastening doors during business hours; violation of statute
Section 127
Guards for, and cleaning of, machinery; disconnection and removal of safety devices
Section 128
Traversing carriage of a self-acting mule traveling close to fixed structure
Section 129
Safeguards for hoistways, hatchways and well holes; closing trapdoors
Section 129A
Shoring trenches for local governments; graves excepted
Section 129B
Stilts; penalty for requiring or knowingly permitting use in construction
Section 129C
Installation or repair of live electric wires or electrical equipment; assistance; safety equipment; penalty
Section 129D
Riding in man-basket carried by hoisting machinery for bungee jumping or other safety approved activity
Section 130
Explosives or inflammable materials; storage and use near egress
Section 131
Guards for loom shuttles; violation of statute
Section 132
Suction shuttles; shuttle or thread touching lips; violation of statute
Section 133
Water closets, toilets and washing facilities; regulations; definitions of “industrial establishments” and “railroad establishments”
Section 134
Necessary changes; action for proportion of expense
Section 135
Prosecutions; necessity of neglect to make changes; notice; liability of corporate officer
Section 136
Violation of public health laws; notice to town board of health; enforcement
Section 137
Foundry toilet rooms and water closets; failure to comply with statute
Section 138
Injuring toilet appliances
Section 139
Lockers and clothes receptacles of employees; violation of statute
Section 140
Repealed, 1953, 57
Section 141
Medical and surgical chests; accommodations for treatment of injured or ill persons; facilities for heating food; violation of statute
Section 141A
Lifting heavy objects in textile factories
Section 142
Sanitary material for cleaning printing presses
Section 142A
Marked receptacles for substances hazardous to health
Section 142B
Marked receptacles for materials containing substances hazardous to health
Section 142C
Markings; clear and conspicuous; size; place
Section 142D
Receptacles exempt from marking requirements
Section 142E
Reports concerning material hazardous to health
Section 142F
Violation of statutes and regulations; failure to mark receptacles; removal or defacement of marks
Section 142G
Enforcement of statutes and regulations
Section 143
Definitions
Section 143A
Protection from undue competition and of health and well-being of workers
Section 144
Unlawful industrial homework
Section 145
Investigation of industries; order declaring industrial homework unlawful
Section 146
Hearing preceding order; notice; place; effective date of order
Section 146A
Distribution of materials and articles; necessity of place of employment in commonwealth
Section 147
Employer’s permit; person to whom materials or articles may be delivered; effect of strike; payment of fees into treasury
Section 147A
Homeworker’s certificate; place of work; work performed by others; qualifications of applicant and home; strike against employer
Section 147B
Employer’s name and address affixed to articles or container of goods delivered for homework
Section 147C
Work in violation of statutes; removal, retention and disposition of articles; notice
Section 147D
Record of homeworkers and work
Section 147E
Regulations; violations; inspections and investigations
Section 147F
Attendance of witnesses and production of books and papers; summons and court order; fees; oaths; depositions
Section 147G
Additional penalties
Section 147H
Educational and philanthropic organizations; homework performed under supervision of commission for the blind
Section 148
Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute
Section 148A
Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment
Section 148B
Persons performing service not authorized under this chapter deemed employees; exception
Section 149
Summons and warrant for violations of Sec. 148
Section 150
Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action
Section 150A
Notification of deductions
Section 150B
Fees or assessments other than those chargeable under union constitution and by-laws
Section 150C
Improper expenditure of withholdings or deductions from wages; penalties
Section 151
Payment on pay day before close of working hours
Section 152
Deductions for coming late to work
Section 152A
Service charges and tips; tip pools; penalties
Section 153
Grading work of weavers; imperfections affecting wages; conditions precedent to fines
Section 154
Employer’s fine upon weaver for imperfections; violations of statutes
Section 155
Specifications as to work and wages for weavers, frame tenders, warpers, web drawers and operatives paid by the pound
Section 156
Specifications and tickets; posting and attaching; contents; pick clocks; excess of maximum lengths; violation of statute
Section 157
Violation of Sec. 155; interference with inspectors
Section 157A
Employees paid by piece; tickets stating basis of remuneration; posting statement of amount of pay earned
Section 158
Stopped machinery; deductions from wages; making up lost time; penalty
Section 158A
Work without compensation
Section 159
Discharge of employee without notice
Section 159A
Repealed, 2004, 125, Sec. 14
Section 159B
Reimbursement of expenses for medical examinations
Section 159C
Staffing agencies; notice of information concerning employee's assignment; fees prohibited; transportation services; prohibited activities by staffing
Section 160
Establishment and maintenance; annual reports
Section 161
Superintendents and clerks; appointment; sign indicating location of office
Section 162
Superintendents; duties; applications; registration; aliens; agriculture labor; strikes
Section 163
Fees; violation
Section 164
Preference to residents
Section 165
Reports exchanged among offices, supplied to public, posted
Section 166
Payment of salaries and expenses; appropriation
Section 167
Bulletins for town clerks showing demand for employment
Section 168
Posting bulletins; failure to comply
Section 168A
Farm labor contracts; notice to department
Section 169 to 172
Repealed, 1981, 351, Sec. 250
Section 173
Destruction or sale of records and papers
Section 174
Repealed, 1929, 357, Sec. 2
Section 175
Bells, whistles and gongs
Section 176
Non-resident as special police officer
Section 177
Police assistance in protecting property; non-residents assisting with arms; liability in damages
Section 177A
Contract exempting employer from liability to employee
Section 177B
Volunteer firefighters and emergency medical technicians; responding to emergencies; discharge from other employment
Section 178
Leave of absence from work for voting
Section 178A
Payment of wages of intestate employee; officer or employee of commonwealth or subdivision
Section 178B
Deductions from salary for certain financial institutions; credit union bonds; withdrawal of authorization by employee; attachment or execution; pension money paid to credit unions; authorization
Section 178C
Sum owed estate of officer or employee of political subdivisions paid to husband, widow or next of kin
Section 178D
Repealed, 1973, 1078, Sec. 1
Section 178E
Group insurance; disposition of dividends
Section 178F to 178N
Repealed, 1973, 1078, Sec. 1
Section 178O
Group insurance termination; notice of date to employee
Section 179
Placards posted to inform employees
Section 179A
Preference to citizens in awarding public work contracts; violations
Section 179B
Notice to commissioner of commencement or change of location of business; violations
Section 179C
Collective bargaining agreements; successor clauses
Section 180
Violation of chapter provisions with no specific penalty
Section 180A
Violation of closing laws
Section 181
Retirement or health and welfare funds; failure of employer to make payments
Section 182
Standards of corporate behavior; companies financed with assistance of quasi-public agencies
Section 183
Severance pay upon termination following transfer of control of employer; definitions
Section 184
Severance pay following transfer of control or attempted transfer of control of registered corporation; definitions
Section 185
Retaliation against employees reporting violations of law or risks to public health, safety or environment; remedies
Section 186
Broadcasting industry; noncompete agreements
Section 187
Health care providers; protection from retaliatory action by health care facilities
Section 188
Fair share employer contribution
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