Section 11A Occupational lead registry; blood lead testing reports; regulations; enforcement - Massachusetts Statutes

Section 11A. To assist in the identification and treatment of workers exposed to lead and to reduce the incidence of occupational lead poisoning in the commonwealth, an occupational lead registry shall be established within the division of occupational hygiene of the department of labor and industries.

Every clinical laboratory that performs blood lead testing on site, or that sends blood lead specimens to out-of-state laboratories for lead testing, shall report blood lead test results on individuals over the age of fifteen to the commissioner in a manner to be determined by the commissioner.

The report shall include the identity of the reporting laboratory; the name, date of birth or age, and blood level of the individual tested; the date the blood sample was drawn; and the name and address or telephone number of the health care provider ordering the test; and any other such information as the department deems necessary to carry out the provisions of this chapter. Results of free erythrocyte protoporphyrin or zinc protoporphyrin shall also be reported if available. A health care provider who has ordered a blood lead test shall, upon request by the department, provide information that the department deems necessary to carry out the provisions of this chapter. The clinical laboratory report and the provider information shall be maintained confidential and are not matters of public record; provided, however, that department of public health shall have full access to the reports and provider information for the purposes of research and analysis.

The department shall promulgate such regulations as it deems necessary for the implementation, administration, and enforcement of this chapter. Any person who violates a provision of this chapter, or any regulation adopted or issued thereunder shall be subject to a civil penalty not to exceed five hundred dollars for each violation. Each day such violation occurs or continues shall be considered a separate violation.

The superior court department of the trial court shall have jurisdiction to enjoin violations of, or grant such additional relief as it deems necessary or appropriate to secure compliance with the provisions of this chapter, or any regulations issued or adopted thereunder, upon petition of the attorney general or the department. The department shall not be liable for any filing fee in any such enforcement effort before the superior court.