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On November 13, 2024, the Massachusetts Cannabis Control Commission (the “CCC”) issued a bulletin (the “CCC Bulletin”) applicable to all licensed cannabis operators in the Commonwealth of Massachusetts, pursuant to which the CCC formally classified ground cannabis dust as a hazardous chemical. The implication of such a designation requires all licensees subject to the CCC regulations contained in 935 CMR 500 and 501 to implement and/or revise existing workplace safety and health standard operations procedures (SOPs) to explicitly provide for workplace safety measures to protect against cannabis dust contamination. Importantly, the CCC Bulletin also noted that failure to create workplace protections from ground cannabis dust would subject licensees to enforcement by the Occupational Safety and Health Administration (“OSHA”) pursuant to 29 CFR 1910.1200.
The CCC Bulletin was issued following the CCC’s enforcement action in June 2024 against a licensee after an incident where a licensee’s cultivation employee died following excessive exposure to ground cannabis dust. The CCC Bulletin noted that the licensee was also subject to an OSHA enforcement action, and provided the following additional guidelines for licensees:
- all licensees engaged in the processing of marijuana must evaluate and develop Safety Data Sheets (SDS) for chemicals, such as ground cannabis dust, that employees may be exposed to in the occupational setting;
- all licensees must protect their employees from hazards associated with exposure to ground cannabis dust by identifying appropriate engineering controls (e.g., local exhaust ventilation) and/or administrative controls; and
- best practices for licensees include providing Personal Protective Equipment (PPEs) such as gloves and respiratory protection for employees, and to provide medical management to employees with symptoms.
For Massachusetts operators, the best way to maintain compliance continues to be procedural and process-based adherence to the SOP requirements contained in 935 CMR 500.105(1). Specifically, this means a licensee or license applicant must have thorough, detailed SOPs that cultivators and processors follow respecting handling, storage and waste of potentially hazardous materials. Licensees must also have onsite SDS for all chemicals used in the course of cultivation and processing operations, which SDS must be made available to exposed employees.
Perhaps of even greater implication is the CCC’s explicit statement in the CCC Bulletin that licensees are subject to OSHA’s Hazard Communication Standard and must comply with the Occupational Safety and Health Act of 1970. This appears to put to bed the question of whether OSHA – a federal body with jurisdiction over federally legal operations, a category not currently applicable to state-compliant cannabis enterprises – has jurisdiction over marijuana establishments in Massachusetts, and whether such establishments must subsequently follow OSHA rules to avoid regulatory enforcement. Given recent efforts by OSHA to provide compliance training and support in other jurisdictions, there is strong reason to believe OSHA’s reach over cannabis extends beyond Massachusetts and will be a significant factor in the ever-changing landscape of federal-state cannabis regulation.
OSHA compliance varies by industry and vertical, but requires, at a minimum, that operators put together OSHA-compliant policies (including, without limitation, Hazard Communication, Biological Hazard and Lockout Tagout procedures), have management and certain employees conduct certain OSHA-certification trainings, maintain robust employee training for hazard communication, and keep thorough records of all of the above at-the-ready for regulatory inspection.
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If you have questions or would like additional information or assistance respecting OSHA compliance, please contact our Cannabis attorneys or the primary EGS attorney with whom you work.
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