Loading...
1988R08- "CITY OF SCHERTZ HAZARD COMMUNICATION PROGRAM .......... RESOLUTION NO. w-R- ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING A "CITY OF SCHERTZ HAZARD COMMUNICATION PROGRAM". WHEREAS, the City Council of the City of Schertz, Texas, recognizes the need for a Hazard Communication Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT the "City of Schertz Hazard Communi cation Program" as outlined in the attached Exhibit A be formally adopted. PASSED, APPROVED AND ADOPTED this the~day of ~ 1988. k I~ayor , ATTEST: L" ;,\. ~~ ......-- ., 'I; .~ EXf/ij5ir A- ,. ". -04.> :Ilt/ ,,- -.. CITY OF SCHERTZ HAZARD COMMUNICATION PROGRAM Under the Texas Hazard Communication Act CArt. 5182b, Tex Rev. Civ. Stat.) the City of Schertz, an employer, must comply with the requirements of the Act effective January 1, 1986. The Act requires employers to train and educate employees on the safe use and handling of hazardous materials that employees may be exposed to in the workplace. A copy of this Act is on file with the of- fice of Safety and Risk Management. This written program gives the general procedllres t:he C1X'ywill follow to protect its employees; to train and educate empJ.oyees from exposure to hazardous materials in the workplace. The program Management. maintain a annex's; will be available in the Department of Safety & Risk Each Department and Division must comply and will copy in the location stated in their respective Department annex's will be written and on file in thE! office of Risk Control Coordinator within ninety days after acceptance of the program. Annex's will be reviewed and updated annually. ~ REQUIREMENTS: 1. NOTICE. Every employee who may be exposed to hazardous chemicals will be given notice of the Act and its provisions. 2. HAZARDOUS CHEMICALS. Per hazard evaluation the City w1II re- ly on tile evalu~tions provided by the chemical manufactures/ distribu.tors. 3. EXEMPTIONS. The ticn Program do not exempt according to exempt chemicals are: requirements of the City's Hazard Communica.- include the ch(3micals that are specij~j.cally the Texas Hazard Communication Act. The a. any article that is f'ormec) to a specific shape or during the mallufacture, that has end-use fl.!nctions dent J_n whole or in part on its shapo or design ;lnd lise, and that dOBs not release or otherwise ill exposure to a hazardous chemical tinder normal t ions of us~:.>.. cjE~;3](1n ci;:;~pen- dur:1.ng r'~~?: u .it cond:L - n. pr--o-juct;:;: J.nt.E'_ndf_~d f.or' per.;;~(}nal c()n~.~ul1lp:tion L~, ~.. y Ecro;:)}. OYE~~;~ i.n th(~ workf)Lace. c. rE~tail food sale establishmentc trade estahlishmontsl exclusive of are.as . and all othl?r proc8sGinq and l~~'tail repair d. any substance t:hat comes \lnder the Food anci Drug Act (21 use 201 at seq.) or those things defined itl the federal Alcohol Administration Act (27 use et seq.) :,!.-- :' i' <\ 1\ .' e. a laboratory ullder the direct supervision or guidance of a technically qualified individual provided the labeling, MSDSs and training are given. f. products pursuant to the federal Insecticide, Fungicide, and Rodenticide Act. g. hazardous waste pursuant to federal Resource Conservation and Recovery Act. h. radioactive wastes. 4. CONTAINER LABELING. The Department/Division Sup&rvisor in charge of incoming materials will verify that all containers received for use and all containers currently in use in each warle area of the Department/Division will: a. be clearly labeled as to the contents. b. note appropriate hazard warnings. . c. on hazardous chemical con"tainers list the name arid add- ress of the manufacturer. No containers will be released for use 8ntil the above labelj_ng data are verified. The designated Supervisor will review tIle labels at least annually and llpdate them if necessary, after comparison with reJ.ovant MSDSs. 5. LABELING OF. PIPELINES. Prior to any work in areas which have unlabeled pipesl the flareon in charge must contact 1:he office which has information regarding the contents of the pipes. Every effort will be made to label plpes which carry materials that could be hazardous. Labeling can be standard color coding for the contents or specific markings identifyinlJ the contents in the pipes. If chemicals run thrc)ugh the p~pes, the potential hazards and necessary safety precautions relative to the chemicals must be obtained and given to the emp:loyees. 6. MATERIAL SAFETY DATA SHEETS CMSDSJ a. Cotlies of MSDS's for aJ.J. applicable hazardous chemicaJ.s used in the work areas will be kept in each Department's/ Division's designated locat.ions. MSDS's will. alae) be ob- tained for applicable hazardous chemicals already ill use in the workplac:E~. To (lbtain MSj)S from suppliers use Ex- hibi-t G. b. MSDS's will be readily ployees during each work available for shift: . review by all em-- c. Copies will be made available upon request, arid the em- ployee must sign an acknowledgment form (Exhibit AJ that the MSDS was received. ii~_ . " 1. ,'. . d. The Department/Division Supervisor is responsj.ble for getting an MSDS for each of the chemicals to be used in its workplace. An MSDS must be obtained and its in- formation relayed to the employees who will be working with the chemical before the chemical is put into use. Each newly assigned employee must be given the information on the chemical before being allowed or required to work with the chemical. e. The Department/Division will send the Risk Control Coordinator and The copies will be sent using Exhibit B. copies of an MSDS to the Fire Department. the transmittal form f. The Department/Division will maintain a MSDS Index on chemicals used and/or stored w~thin their area using hibit F. '0 a.iL Ex- 7. EMPLOYEE TRAINING AND EDUCATION. an education and training class before chemicals. The clasa will ~'r.ovide: Every employee will attend working with any hazardous . a. Information on the State Hazard Communications Act and on the City's Hazard Communication Program. b. Information descri})~ng the chemicals and their location in the workplace with the acute and chronic health ef- fects of exposure to the chemicals. c. How to_protect oneself from exposure through safe hand- ling and use methods and required personal protective equipment. d. How to read container labels the information. Employees MSDS's and are rE!quired to precautionary instructions. and MSDS's and how to must read the labels follow the application use and and e. Procedures t.o follow if employees are exp()sed to any of the hazar(ious chemicals. Information will itlClude first aid treatment and exposure notification procedures. f. General safety instrllctions will 1)8 given on cleanup pro- cedures and the disposal of hazardous c:hemicals. g. Each eml)J.oYStJ attendirlg the class wi:Ll sign tl18 Employee Safety Training List <Exhibit C) verifying that they have received hazard communications safety training and educa- tion. h. Department/Division will send a copy of the Employee Safety Training List to the Risk Control Coordinator within one (ll week after the training session. The , <, . Risk Control Coordinator will transmit the information as required to the Texas Department of Health. i. A copy of the training record workplace. will be kept at the 8. ONGOING TRAINING AND EDUCATION a. The training and education seSSlons will be (Jiven at least annually to all ernployel~8 and will be gi v€~n to newly assigned employees before they begin work t....i t.h or near hazardous chemicals. b. Employees will be given similar information as an educa- tion and training class before any new hazard is intro- dUCE~d into the workplacEJ. c. The MSDS files will be kept Cllrrent by an asaigned person in eac:h ])epartment or Division. . d. Notices will. be posted where they are visible to a~l employees which provide an explanation of the container labeling system, 1:he locations of the written hazard communications program and the MSDS file for the work area. 9. HAZARDOUS CHEMICALS LIST a. Departments/Divisions Supervisors are responsibJ.e for compiling and maintatning Hazardous Chemicals' Lists for th~ir workplaces. Exhibit E Lists will include hazardous chemicals used, stored or "handled in the workplaces. Further information on each hazardous chemical listed can be obtained by reviewing the Material Safety Data Sheets located in a Department's/Division's design~ted location. b. The Lists will contain the f"clllowing information for eac,h c.hemical: MATERIAL CHEMICAL NAME WORK AREA (Common Name used on MSDS label) (According to IUPAC or CAS) (Where normally stored or used) c. The Hazardous Chemicals' List will be ti~dated by the De- partment or Division when r18W hazardous chemicals are introduced into the workplace and when revised MSDS'g are received. Chemical lists specific for each workpla1;e will be maintained in a designated location at 0ach workplace. Copies of updated chemical lists will be sent to the Risk Control Coordinator and the Fire Department using the transmittal form at Exhibit B. ....... , , " ,-.:d. . . 10. HAZARDOUS NONROUTINE TASKS. Departments/Divisions should describe tasks, such as confined space work, flushing of pipelines, etc., that are done on an infrequent basis which expose the employees involved to hazardous materials or conditions. Safety training will be conducted before any work is begun and will include: -Specific chemical hazards. -Protective/safety measures the employee can take. -Measures to be followed to reduce and control the chances of employee exposure including ventilation, per- sonal protective equipment emergency procedures, and medical treatment if exposed. 11. INFORMING CONTRACTORS: Before a contractor commences work, the Department/D~viaion which controls the work area will be responsible for informing the Contractor of the following: , -rights under the Acts. -a copy of the Chemical List giving cal,s to which the contractor, its may be exposed in the work area': the hazardous employees and ch{=mi- agents -a copy of MSDS's for the hazardous cllemicals in the work area: -obligation of Contractor to inform its agents..af each of the above requirements. employees and -the Contractor will sign an acknowledgment IExhiblt Dl certifying that it has received the information provided by the City on hazardous chemicals. 12. RECORDKEEPING: Applicable Depart~ent/Divisions will record, review, update and maintain the following documents which will be made available to qualified individllals upon request and will be provided as noted. DEPARTMENT/DIVISION WRITTEN HAZARD COMMUNICATIONS PROGRAM. -Copy provided to Department of Safety & Risk Management -Copy prov~decl to S.tate complia'lce clfficer's l!pOn request and if statutorily required. -Copy available to affected employees upon request duri.ng work hours. WORKPLACE CHEMICAL LISTS -Copy of current list provided to Department of Safety & " t(isk Managemeni: -Copy of current list sent annually to the Texas Depart- ment of Health -Copy available to affected employees upon request during work hours -Copy and any revisions and updates sent to City Fire Chief -Copy and any revisions and updates sent to City Physi- cian~s office --Copy available to emergency personnel and physicians upon request -Copy given to,Coritractors before commencing work in the workplace ~ -Lists must be leapt for 30 years MATERIAL SAFETY DATA SHEETS -Available for easy access during work hours and copy to employee upon writtell request -Copies of MSDS's given to Contractors before they com- mence work for those chemicals they may be exposed to in the work arE~a. -Checked at least annually against chemical list. .Each chemical on the list must Ilava an MSDS on fi-le. -Revised MSDS's will replace current MSDS's on file EMPLOYEE' SAFETY TRAINING LIST -Each emp:Loyee attending training wi.II fill j.n and sign the Training List (Exhibit Cl .-A copy of' the completion of to tran~~mi t. to list will be sent within one (1) week of training to the Risk Control Coordinator the Texas Department of Health NAMES AND NUMBERS ()F KNOWLEDGEABLE PERSONS TO BE CONTACTED IN EI1ERGENCY -Given to Fire Chiefs -Given to other Physicians and Emer.gency Personnel upon rt':-~qu(=:!st . . CONCLUSION It is the intent of the City of Schertz to provide its employees with a safe and healthful work ~nvironment. The purpose of the City's Hazard Communications Program is to provide accurate and pertinent information on hazardous chemicals in the work environment in order to enhance awareness and contro:L the possibility of exposure~ Employees have an obligation to adhere to instructions on safe use, handling and disposal of hazardous materials. ~ ~:....u .J. " HAZARD COMMUNICATION PROGRAM EMPLOYEE INFORMATION The Texas Hazard Communication Act was passed to help protect you from chemicals used or stored where you work. The act requires that you be informed of any hazardous materials and learn how to protect yourself. All City employees and those with new assignments that require working with hazardous materials will be trained and educated. Topics will include: the State Hazard Communication Act and the City Hazard Communication Program. description of all chemicals in your area and their locations chronic and acute health effects of exposure to specific chemicals . the handling of chemicals, their uses and what protective equipment is required when working with them the location of chemical lists, Material Safety Data Sheets IMSDSJ and the Hazard CommunicatJ.on Program for your workpla,ce reading and understanding container labels and MSDS~ Employees must follow use and caution instructiong~ what to do if you are exposed to any hazardous chemicals. Instrllctions will include first aid and notification proced~res instru(~tions on cleanup and disposal of hazardous chemicals At t.he completion of thE'~ t.:r aining course, employees wi 11 sign an Employee Safety Training List verifying attendance. Should ne~ Ghemicals be ~ntroduced into your workplace at a later time, you \o1ill rect~i Vf3 detaiJ.Eld j,.nformation on .their locat.ion, uses... d:i..s:po3ul, l-:":!tc. If, at any t~ime, you be:L:i.evH a viola..t.ion cancer-ning use, disposal, etc~ has occllrred, you have the r~~ht to file a complaint without rE!~)ri3at. '-'<-.-.-..-.- .' " Hazard Communication Program Employee Information Page 2 You cannot be required to unlabeled containers, unless immediate use. work with hazardous chemicals the containers are intended f'rom for You alone are responslo~e for protecting yourself and others accidents with hazardous chemicals. Complying with department's rules and following the steps outlined here make your job easier and safer. f'rom your will 1. PRACTICE SAFE WORK HABITS. Obey the rules and never take shortcuts when handling, using, storing or transporting hazardous chemicals. 2. KNOW WHAT YOU ARE DOING. Learn to use chemicals properly and understand what they do. 3. DRESS FOR THE JOB. Use protective clothing and equipment. Make sure it fits properly, follow instructions for cleaning and storing, and replace damaged articles promptly. . 4. KNOW EMERGENCY PROCEDURES. Keep first aid supplies on hand and learn emergency eyewasll alld shower procedures. I.ocate the alarm and know who to contact. The City of Schertz is responsible or providing you with a safe and healthy work environment. You are responsible for following instructions wnen handling hazardous chemicals. The City's Hazard Communications Program will provide you with accurate information on hazardous chemicals to enhance awareness and to control the posslbility of accidental exposure. Report any problems with hazardous chemic}als to your supervlsor or the Risk Control Coordinator i.mmediate:Ly. .., HAZARD COMMUNICATIONS Exhibit A ACKNOWLEDGEMENT I. am an employee in the Division of the City of requested and received a Schertz, copy of Texas, and the MSDS Department/ acknowledge that I for the chemical (NAME) Date: Signature . Note: A copy of 'this The original file. will be given to the employee on request. will be filed in the employee's personnel : '. Date: To: From: Subject: Comments: . ..;'..:1_ HAZARD COMMUNICATIONS Exhibit B TRANSMITTAL Risk Control Coordinator Fire Dept. Other Name MSDS on: CHEMICAL NAME . New Chemical List Revised/Replacement New Revised/Replacement ()ther (Please Specify) Exhibit D CONTRACTOR ACKNOWLEDGEMENT dated received from Chemical List QUB chemicals IT IS HEREBY UNDERSTOOD AND AGREED that a Contractor under Contract , 19_, with the City of Schertz has the City notice of its rights under the Act, the and Material Safety Data Sheets IMSDSl for hazard- that will be present in the work area. The Material Safety Data Sheets have been received for ,the following chemicals: . CONTRACTOR, c DATE: TITLE, TITLE: DATE: DATE: Exhibit C EMPLOYEE SAFETY TRAINING LIST This Employee Safety Training List is a record of the training the employees listed below received in the proper handling of the hazardous substances to which they are exposed in their work areas. The employees listed below have successfully completed Employee Hazard Communications Training in compliance with State of Texas regula tions . Employee I s signature verifies:traiping. SUBJECT: DEPARTMENT: ADDRESS: , TRAINER'S NAME: TITLE: DATE OF TRAINING: HAN'OOUTS: ; . . EMPLOYEE NAME DEPARTMENT EMPLOYEE SIGNATURE . , . . . . . ~ . " 12, ( ( l .. u '. . EXHIBIT E WORKPLACE CHEMICAL LIST CITY' OF SCHERTZ EXCESS 55 GALLONS/500 POUNDS Department Division Location Date . Common Chemical Work Indicate approximate Name Name ~ amount beine stored . . - . , . ,. "" Prepared by: Approved: 14 .- ,. . . . EXHIBIT F ( MSDS INDEX Depart.ment. Division Workplace Dat.e . Chemical or Manufacturer - Mat.erial Name or Supplier - , . . , - ( - , . ., ( Prepared by: Dat.e: . 15 ......;,.j- EXHIBIT G ( SAMPLE MSDS REQUEST LETTER To: CHEMICAL MANUFACTURER. IMPORTER. OR DISTRIBUTOR The Texas Hazard Communication Act requires the City of to provide training to employees concerning the hazards of chemi- cals or other hazardous materials. To properly train our employees. we need a Material Data Safety Sheet (s) (MSDS) for one or more of the following products. " ( Your prompt attention is necessary to maintain a proper level of safety for our employees. Please send the MSDS for no later than ~ Sincerely, ( 16 010>.___ ~ o i= ~ CJ Z :l ~ ~ c CJ o Cl: i5 ~ '0 I.< I: .ltl IlII.<N UOIllIll ....J:~ III . OJ-.... '0 en I.< en 0 I: Q IIfQ IIf en en >. ::E ~::E1.<1Il 1.<-1lI11l'O o SIlII: ~""Srollll OJ ::l U >.GlIIl III I:J: rollll III en III III 0 U I.< I: III Ill... t) .......~ S IIf GI 'tl rolQ~J:OJ III OUe:: o >. rol ... .... GI J: GI S GI.o OJ: GI .... III .... J:IlII:GI oeno >. " ~ 1.<.0 J:rol....O'O ~ III Sill.... OJ .~ ... GI 1.<1.< 1:::: GlOO I.<........~ 8: .~~~~:I ..' S II! I: GI OJ I.< I: OJ:J:OO ........E-<....~ .... 1:.... III S ~ III eo. S I.< I.< OJ I: I.< O....UOO .... 1:........ 1:'0 Ill.... I: .... OJ .... ::l.... 1:1II1l1 ''O....,Q U I: Q) III ::l Q) 0 rol....lIIl.< ....,Q e.'O 1lI0.... GI .... 1lI'01ll Q)Q)J:1:1lI Q,Q....ltl.o , en z o .... E-< ::I 0( t) ~ e:: p" rol CU., . .... . a) O::S -. b> :I Qrol '0 I:rol I.< 0 O~ .... 'll CU~ III U .... U.... 0 ..0 III Ill.... III III I: III CUS~1:1lI .... CU O~ III 0 GlJ:~OO~C: I<<UC: ~ o .... III III.... III .... .... I<< ~ >.~ ~ . CU....'O J: '0 ,Q Se.1II OJ OJ S~ III 0 III '0 .........rolOJe::1lI 1:1lI....0rolrollll.o III OJ U~.1lI e::.... I I<<....>U:lIIIS CUIll> .0:1 III ....'OO>:lCU :I~ GI.... c: e:: IIlrol I<< > 1lI~ 0 I<<01lle:: ....OJI<< GI~J:O~~J:"" .... 'Ill 0 S.... OJ .... I: -~ 0 0 e. ltl~'OOJ:>"" GI e.1Il 1lI I<< 1II....~ GlJ:O 'OltlOCUI.<U.... I:Glrol....O::l CU ltl rol ::l....'O I: I: J:....llIrol I:~~ O~''''''''~llIrol J:1:1Il'01ll .....1lI III GI .... I<< ~ ltl 011I0 I.< 0 Glrol ~ Q........E-< 1:, Ultl en z o .... E-< ::I 0( t) ~ e:: p, Q Z 0( en Q e:: < t'l 0( :c ~ 0( t) .... ::E ~ :c t) - ltl e 0 Q U c:: 0( - t'l 1II 0( 1II :c QJ I: ~ rol 0( rol c:: ...., ~ ", ~ QJ ~ 1II.c t:l :I.... III III UGI '0 >. III I<< ::EO '0 >. Q) rol ~ rol 0 ltl rol I: rol I.< III . Q) en ~'tl.... Q IIlGle:: . 0( ~~'tl ~ ....0 OJ e:: ....rol I: ~ rolGlO ~ rolltl~rol ~ 1lI~1lI'" l:Q .... Ill.... III :3 III ~ ............11I ........ '" .... o 1II11l.... :I :I rol 0 0 rol I: :I 1:.... :I 0 .... 0 1.<.... 1II SIIl:lS .... "'.........1.< o III 0 C III P,:cP,....:c rol . GI rol o 0\ > III .... I: 0 t) .... .... S 0> J: OQ) I: I<< III - c:: '0 . ~1lI1l111l111 1:1<< J:GJrolGl.... ltlGJ ....~ e.>. 0 . 4J o IIIOJrol->.llI rol . I<< I<< ~ O'SI<<J:GlllI . 1II004J4J1IlJ:~ GlGII<< ....ltllll4JU >o....e::~~GJ....O ~1lI. ~ O~J: ........IIl~IIlCUGl III UI<<GllIIllIUCIlI Q):I>. GJ.... GJI<< ....lOGlIIll<< ....1<<0 o ....1lI4J~III.... "'C....U 0 e.....UllIJ:I:O\O>.... ~GI....IIl-1:1:1lI 'O1ll....1:::l ~~GI I: o Orol I<<J:J: I<< III '0 I<< 0.... CU4J UlE-< Gle. ....0:1 IIlIll rol>.llIroloof GlOOlllrol~U"" . >e.....OGl C Ole ........e.IIlGlltl rolGJlIlelllltl- :I.... 0> GJGI....4JeCo I<<oofJ:'O ............ I<<GlO\UGJ'04J4J1Il ltl>o\ eoofOI:>. GI 0 0.... eo.... OJ: ~ 0 0>........ 0 > 0 e. 0> o GJe:: .... rol I<<>~ III GJOJ: 0> 0 ....SIIl 1:"'....>.IlIG1:1 ....IlISrol~"'rol J:CUCUCU .... ....~J:....e.- o UIIIIlI>.OJ 001 ... .... '" :I O.....'tl 1lIe::. III.... CU'tl III ~ I: GJCU Srollll....1lI >U SOCUe::.... .... 1lI .~ U U 0 U ........ III 'OJ U~ U I<< GJ -J: c: III GI:I>.IIl.... '0>. ....IIICUCD~....e::J: o >.:.....IIIe. I<< e::.... CD e.~ U III 0>001 ~CD"'1lI 'Crol '011I.... 0 GI-'.... III I: 0 "''''J:tJ 1lI'Ol<<e::IIIGJ.... CD e.~ .... 0 IIII1l ~GlllIrol' CUOOIllIll~UI<< > e..... CU CU Ole IIlJ:GlIIl.... rol CUIll........ U - III 0\ CU 0 ~ S ~ I<<rollllJ: ~ I<< CU 0>"" 1II....4JJ: 1Il>O\I::lO.04J Q) 000001 1:''''.''' ~ 0 0> U.... - > ~ . I '0 e I<< ltl . .... - rol J: J:..c: .... +J +J+J I: - III ltl' .... III QJ I<< Q) 1:'0 0'0 -I.< J::I - '0 - 1Il,Q III I: III ltl S o I: I.<.GJO U,I<<, >'0 CU :I'1Il 'QJ QJ' 1Il.o III III - Q) :I - III - QJ I: III I: III .... Q), '0 U 0 QJ III 1<<1: .... I: I.< 0\.... >'+Jrol .... QJ rol ltllllrol r..'O.o ::Ee.... 'tl OJ +J .0 0 I.< ltl 0 4J III .' I: ,Q .... 0 III U 0 III III QJ .... .... I: QJ :I .... C I.< :>'1Il 0 :I ,QJ III rol U .0 .... III '0.... .... CD QJ C III ..... >. I.< 1lI0 '.... I: e:: QJ Q) +J ....1lI...... > I: I.<~.... I: GJ GJ .... Q) o 1Il'''~ > III GJ,l( > .... I.<~ .... CUI.... I: rol.c I.< III 1II III ... III III :I O\~ 0 GJ '"''tl0 .... ....:1 'tl I.< 1II '0 <l1... I.< ... SOI:..... I.< :I....,l(OI.< I.< I<< 1<<.... 0 0 1lI0rol>0 I<< III J:,l( > tJ tJ<o(o(t) .... :c....en< N Gl 0>' '" "" tIl Z o H Eo< ::l < CJ l'>l It; "" o z < tIl o It; < t'l < :I: ...:l < CJ H ffi :I: CJ o It; < t'l < :c ...:l < " It; 'l'>l Z 'l'>l Cl tIl Z o H Eo< ::l < CJ l'>l It; "" r:: . "" . c:I '" Gl ."j GlO S ..-l0 ~ III 0 "'.... 0.1.< I.< I.<.c O."j UJ I.<UJO....Gl~~U>. o .c ."j' ,."j.c 'tlI.<S,~-....o. .GlO."jS 1.<.... IllUJo.~""SGI~..-l GI 0'1ll U.c.... ~ I.<..-l I.<..-l >.... ~ '" '" III 1110 >GlU~ CJ r::>. >.... GI 'tlGl.oGlO>GI'tl GI , ..> S U..... ~ r:: '0..0, .c.... > '0 Ill....GlS'tl1ll OGl ..-l ~Glr:::l~I.<'tl ....,!( 0 I.< Ill..-l 0 o.GI ~tlIG1 ro.r:: GI r:: Ill'" >. tlI -'0 r:: GlS.....-l1ll r:: > IllGlO>.I.<"'.... I III ~ I.< GI .... ..-lllltll"'.c....~1.< ..-l 0>........ ~ III III ,0 r:: GI '0.... ~0.0 ~ GI I.< ,Q) ~ r:: ",."j OGlS Glo.>~ r::1ll,!(S~o.'" '" ........I.<....OO~Q)I.< o III >.... ,!(..-l~ .~0'tl00' I.<..-l UJ r:: ~..-l S III o :l ... '" 0 r:: 0 Q) Q), 3:...H o>o."j U I.< I.< '0 r:: Illr:: o GlU'O tlI r:: r:: o :l '" r:: . '" ....UlS o Ul 0 GI U r:: r:: O..-l . ."j....'tlI '. ~."j Ul '" GI S . r:: S ~ Ul "'Ill:l.c ..-l 0 0 ~ ... I.<."j III r::.cUQ) H~Ul'O tIl o < l'>l It; ...:l l'>l III < ...:l . ~ ~ ... III U o 0 '" I.< ~ 0> .c r:: r:: ~ 0 ."j U .c '0' ~ r::UJr:: '" '" "'.... GI 0> I.< GI Ul .0 UlIII'" 0:l0> '0 r:: 0 . Q) r:: r:: ..-l0> 000 :l r:: ~' UJ Ul ....0 ........ S..-l 0>00' I.< 0 r:: 0. 0.'0 GI '" I.<."j ."j ~ ..-l.co. ~'IIIUlU "'r::."j 'IllGlGlIll ~0~1.<'tl1.<~>> -."j III '" 0.... o."j..-l..-l.c I.<......-l 0.0 0.1.< 0 O~ I.< 0 0 III > III I.< > >."j H"":>:><>...l'>l~ ~ . >. I.< ..-l Gl S . Gl .c III .... I.< ~ UlUJ ~Q) '" Ul.... III I.< . U ~ GI....GI:l..-lGl -....Ill S'tlI.<O>U'!(IIII.<>~r:: GlGI....r:: I.<r::GI 0 I.<S...."jI.<OI.<~.....c , ~S ~O~:lIllO~GI X."jI.<X... .o~ ."jU GI OGl III o>~r:: ..... '0 .c GI r:: III 1.<'0 r::GI...tlIU."jUJ~' OGlIIIIll~...:l.....cr::Ulr:: ~GI III ..-l ~I.<.o'" 11I1.<1.<...1.< ...~O:l:l."j GlIll:l... . O..-l.oUJU S~'tl Gl- .co ."j IllUlGl CIIlGl- 0>>.11I ..-l 0 .0 Gl I.< GlC::III>' "'1II0~ ..-l....I.<>....Ill.c orl I.< C Gl'O.... Gl o.c GI 0. I.< O'GlN.... ~SUJI.< III GI S .... ~ Gl '" GI :l O>..-l GlI.<'tl~..-ltll.c~I.<..-l ..-l C......I.<....:l~ ....>.Ill ....1ll1ll~'O c.. cCJ GI 'tlo.:lS>'Ill>.GlIll I.<IllC::GI o.o~I.<:l o 1ll0.U Illr::~. ~...~ 'tl-'tl'tltll....:lUJ IIlHIIII.<GI GI..-lUJ~o.r:: :l'tltllCOGlC:: I.< ~ ~OQ)GlI.<OOO~:l o 'O>.GlI.<:l GlUO.o C~.,.. c."j.o.cc C "'..-l I.< .... ~ '0 GI OGlOOIO UJ..,j....r::o.c o,.c ........."j <.... ~ ... '" 0 ~ c GI I.< c.... 1-1.... ::l .00 ~ ..-l ..-l'tl ....Ql '~ 10. o ..-lo. III X ."j Q) 1-1 GI c:: ~ Q) ",.c :t~ GI ..-l .0 .... ~ 10 :l .0 S o CJ '0 0> GI .c c:: ~Ul GI.... I.< . "':l I.< >.<: 100 ~r:: '~I.<..-lGlOtllc.... IllGl ~C ....~S:ll.< Glo.GlOGlGl IllGl..-l:l~. .cO..-l..-lS.o .~I.<.....o",c .o..-l~ '0 GlIll >'>'Ill 0 1-1'0 GI o.>'GI I.< I.<."j c::I-IS...."'..-l CIllI.<:lGlEo< 0 IllI-lS o.:lI.<~IllC> .... "'Ill .GlO:l Ul....O UJ I.<U..-lUJo.c.o'OUJ~O .>. o ....~ UJ ..-lGlC GI.c I.< 1.<1.< 100UO~00. GI 0 I.< '" :l '0.... 0 GI 'U 0 C S O~OGl C CIll..-l IllGl Ul>.UJI.<.c '0 ~..-l ..-l,!(UJ :lGl~""COUJIll ....O..-lGlI.< ,!(.......1ll0'Ou S III I.< 0 III I.<'~ :l I.<UJ 0........ I.< 0 0> III n:J ......... ClJ 3: CO . c. . GI~S 1Il.c Ill-....I.<>.'O cOGlIllGlIIIIllGlI.<.cGlIllGl c::.c 1.<.... I.<GI~~Ill'tl Gl U....:l:l....Ill~OIllGlGl I.< 0 . ... '0 O>H Ill..-l ~ I.< GI 001.< GlC 'tl~U Irc ~ III 0.... GI '0 Ul GI' 0 ~ . c:: GI IO..-l >..... CGI I.< XtIl I.< U- Or::.... ~GI o>o.GI :l....SU'" OUGlIll UJ'O.... ,!( CI-ISI.<GlGlUJ ~~.c.cU ::lIllOI.<I.<"'GlOU~~O o O..-l ~ ."j ."j..-l.<: c::.............c OUJ....Ul....ro.U~->~~Ul . r:: I ... UJ I a. .. . ::s Q) Q) S ~ '0 >..<: .oI.<I-IGlUlI.<"'~ ."j ~ I-I."j S '" ..-l....~ ."j'<: GI ..-l '" ~ ro. ~ 10 '0 ....'0 0 ' c::' ~ 'c: ~'..-l '0 I.< I.< ""I.< . r:: ::l 0 ..-l "'>'Ul",.o l'O'~+J......tQJ .. U..-lIOGlI-I'tlGl~ ....."j >::l r:: Gl..-l S'O..-l.... ~ 0 1-1 ::s Gl"'..-l~"'UO>IO .cQ)...."'I-IGlQ)Gl CJI.<~..-lGlIO'tl1-l Q) ..-l .0 '" i Gl'" ..-l..-lQ) .oro...-l III I.... S"'~ S I.< '" "'~..-l ..-lleO ~.. ca :> M' Q c:: < t'I < :z:: ~ < c:: , rzj, , ,'-2- rzj t:l QI 0> III c.. I tIl 2 o ... ... ;:) .0; ~ :.:I :Ii: :10 :l z: <C Il ::l I~ 1<0'1 :c C ~ C ) of 5 . j CIl 2 o .... e.. ~ < U rzl c:: c.. III elll .... e Co s.. III .u.... 11I011I. , 0>0.us.. GlIII C -C-...OQl t::'Os....., .... ....>.....e .... GI Ill.... '0 > .... III ::s QlO'GI.... s.. 1II::S'CIIIs..s..IIIQ1I11'tl::s GI GlGIOIll...,....GlQI.... EGI...,s..... .0...... Ills.. III m'O ....::s.... ....1lI....cms......o. 'no .... ....OQlQlOO'OC III...,.... I<.l( 0.... c.... I< t::....t::m::s... mill QI. GlIIIGlO'tlO.e GlO>c O'O>....GI~..., ..>Clll 0....' 0.0 ....~1II01ll.... E....xO....~...'Ce'tlO GlGI....GI....... GlO .... III.eGl a. 1II...,.e.ucm ::I0~... CIll...,O....>.. . o>...s..~Glc.e s...ec, O...,::S e Qlo. OO....GlCC'OGl 0... ::Sl<GlQI OQlQIIl.... GlIIIGI....o>e.e....... .... .l( m....I<.um ::s >"1Il OGl~ QlI<::I.u1ll .GlU e... .... e'lIl.... 0 1II.l(.e m GI .... QI a..... c GI 0 .... ..c:. QJ -WO .u ~ '0 ~ Q. o..e m >.. o GI.O 'tl... Ulms.. C Ill...>...... ... QI QI.e QI::S GI 0........ ::s s.....,.... ... ......n Ol<.uCOO::sIll....OCC o III m 0 ....>...n ~ ~..... ::s.... C '00 ....... .... III' .ern +l::S . o.e 'OC+l CO III III 0 GI '0 '0 . C III ... o C 0 ,0 ... 'cv::r ... moO m GI ... QJ .... ...,Glk m ... ::I ... o>.n .... GI C lZ. '0 .... " 'g ... ..., OC o .e c.... cv .&J-~ ..., s..:J . 'tl .... III O....O+lGl :J'" .... III 'tl.... C ...,.... GI e.... ..., ....GlIlI....m...,OIll t::moe... CIlI...O o Ill.... +l ... :J'" o ... GI .::1 'tl m '1lI.o~.oo.GlC O....mo. III III 0 III ...,1II+lGl...,.....e....C C.......Omlllm 1Il.l( .......1lI ::I...,::I'O.uO GI",,"'e GI........III 0 GI...,m::l e....o.o.e Olll 0'0 0::S1ll ceGl>"GlCU' m III ... III .... '0 .... ... ...,GI.......::I'OGlo.eo m ....... 0 ....... III.... .0 0 ..........,::s III III ::I...,1lI GlIII""CU:J"", IIIC1l CU.e::sC.... III .......III'O.......,OGl l7> ....::1.... e .... ..., ... C. 'C::S01ll..., e.. ....w CDO\O....C- . ...GI .OC- Ill... C 'O.u....O.... QI::SCU.1Il IIIG1......,OGlO'....GI.... "":J.oo.x >.. 11100 o III CUIllOGl~III"" c.e....GI m....o> ....11I ..., ...>..IlIO'...GI...>.. O....C..,lc....elllo::s.e O~O....<OGl........IIIO', . m 'CC C ... III ::I .0 '0 C GI o GI 0... GlO> mGl.e '0"" . III ""'tlGl ml-l'tl ....... .....e ... lZ....,0 'O.e ... ......., GI ........ 0> Io4CQ 3-J.f...c .>. GI .... .e. III ::s 'tl Ill. >.. c .e......., >.....OCU'OC "'1lIG1 ....1lI.... 1lI::1>..... OCUIll 0 0.l(:J....~0 ::slll....mm.e.... .... .... III 0 ....,.,.... .... ~ m m .eIllGlIll OOC III GI::S..., ..., ...e.e ........GlO 0....0 .... .ommc ...O.CU....C ~III..., 1lI0IllCUCU....GlC - 'CCIlC:J....GI....e ... '0 ........ .... III I< 1II...,...,::s.... C I< 00 '0::1 IlIrn....IlIG1. III III .CU'O....'tlmm.e1ll ...,C ..., mlllcuo.GI"'III...,GlC.l(IlIIl1 C >...... ~.... x 0 GI GI ... 0 0 ~.... o ....' III .... GI O.l(.... ..., a..... 0 0 o .... +l .... ... l-I C III ..., .e a..... lllCU .0....0.0::1 .elllllllllm 0.... e'O III 0 :J >.....,... ..., >.. ..., 0 CU' >.. E'" ........... .e C GI GI COW GI 0.... CU::l:J 0.0'0 0. .... c..... GI .... ... C ... .e .,., m .... .... 1II.o..., ....CU ...,CO>CU 0.... O>GI....m....o> ....C...EO.... C ..., Ill. .... CU .... .... III ...... .11I.... m.... GI...,>...'O.......,.eU "'1lI::S GI...ECOCUGlIIIO.... .0 ..... .0 >-.... GI QI E.e GI............ llIe....+l E ........O>~. ...,.... 0 CU.... .~........I<'O.... _ 0l<0......,...0...0::s .......,Ul... C QI ::s C QI.... III C.... c..... III C QI ""'0 0 1Il+l.... 0. O...,GI...+l OIllCGI::sIllOQlO.......,......::s1ll oelllmO'~....O'tlOtllllle...o~ . .e 0> .r:::I ...a.J +l 0 Ill.... .... C' III C'tl C ::s ~GlGI oc...m l-I c.... III ::s QI +l >...... GI rn .0... 0......... > 0 'tl Ill.l( GI..... C QI C QlOIII o.OQl'1ll ........,. l-I X 0 ... ,0, ::SQlOQlQl!:T> tIlO'+l UlQl.e ..., Ill.... 'tl +l CCQI'CO. III III QI s... I< +l '0 Q) 'tl !:T> 0 1Il.l( tIl s.. 'tl .... >.. N m s...... XXOIll.........es.. o O+l.e s..lZ.+l 0 CI) z o l-l foo ::I < o ra:l 0:: ~ . CII ~e:>. III CGlIol :3 0. Gl.c :3 o e ~ 'M.c c ~"" .. 1:..0 0>(0'011I IolGl..-l.rt..-l1ol OC Gl ra> :t..0 .C11 lol.rt:to.OIol ra... .coo..OGleCllc-lol 0'0 .rt.-lO .c I:.rt" """.-I .....rto.ra 'OraCOIolOIol'tlIllGl . C 'M.ra... :3 1::3 Gl Gl k rara :3 0 ...Gllolfoo GI '0'11I:>.0 .-I Iol 'GI Iol 'tI...'O.-l ra :>. 0>( .-I :3 Iol 0 ra. C ra.-l 0 0' o..rt c- '0 ra.c ra 0...'tI1ol 0 0 I: I: GI lIIeo GlGl~.rt.rtra C.... III IOIol c-CI)....c..-l ..-I -rl .. C Gl :3 'c ort .. 0 .... OCOIol.....1ll ..Ill.rt C 'C-rl..-l:3I:'tI .IolGlIII 010 1O'tI..-I cralol:>. OGlOGlOGl lIIO .o.c ..OIll.-lOGl.rt.rtGl 0. cra ::Io.OIol "III" -rl'O XlolraGllll::lO.-l . Glo. 1ol0 C.-I GlC'O. ,IIIGlO III 1II0GlIol...';>,\.<.c.-l.e(J :3.rtIolGlI-<OGl~ Gl..-l ...rtC CO>( ~k" .. ra o..rt Gl \.< III III :3 0 . o""xra . c-o 1II.c 11I..-10>( C.rt GI..:>.Iol:t al~1II > 0 0. C.-IGl .-I al 0 ox....oce...c..Iol....c o Gl.rt 0 0 al I-< ::l III o..rt III I - 0" Iol :>. C GI "..... ~. CGI'O 'ra.-lC OOal \.< :trara raGlIol'O .rt.... Gl....-IOIolO' GlOO III .o....ora O.rt.rt ::1101 o.>.c.rt...1II rao...ra 11I..-1:>' GlOra>.c:3......c .:t..Gl ".-I01ol0. GI 10 Iol :>'..-1'" C III Iollol foo.Q:t - .-I .... 0 ... CD..... .... III '0". \.< 'tI III ,101 .GlOraGl.rt(J 101 11I:3 III" ra Gl..> oraoGlo..IolIGO GlO:3G1cra:t1ol . .. Iol 0 0'.... O'~'tI illIG ..-I....O'tlO' Gl Gl ccra GlIG'tI'tI .c'00.c ........CGl Gl-rlO""OIll raGl O"IIIC11Gl .-I'tI C ..rao..o>(..-rl.-llol .-1.-1 1ol::l"OO'" GI..-I 0. GI 0 0 C 0 o..rt III..X"":t Gl ra OCGl:3 e>.c>c o.GI 1II....rt I" 0 X >.... IIII-< ".-1..-1 Gl.rt GlIl-lGl O.-l:t>.. .-I Iol. ..-I CII 0 ra ".-I o..>:teelol OGl. 0>( ..-IGl..-l C:to>(.c 0 GlO..1ol 0. 11I..0>..0 III OCIG.....cOC..-lOGl 0.... e:t III e.... >.. Iol .-I .-I C 0 , .... .... , 0:: III :t 0 III < Gl .. 0' Iol C III t'I .... Gl COO Gl < Iol Iollll-rl .... C :l: ::I ....C..III...-I ..... ....ra.-l'Ora.-l ..:l c O::lC.-I..-I < -rl Iol III :3 ra . 0:: 0 :>.GlO..co.c ra:l 'C lll'Iol:tC""'" z 0 ~ ..' \.< l-l III ra:l .... ra 0. ,.-I 'tIGI Cl III GI III Gl GI ra'tl III . ..c 'tiC . GI ::I.c Gl 0 o..c.-l , 0.. ..clll.-lra.. ~ c ra O'::lo.loIrac o GI ....rax.cGlra 0 (J'tI :l:UGllII'tIO 0 .... Gl 0' ra ~ I CI) Z o I-< foo ::I < (J ra:l 0:: ~ o z < CI) Q 0:: < t'I < :l: ..:l < (J I-< .ffi :l: (J GI . CI) 101 III Q ::I" .. < III III C ra:l C III GI GI 0:: 0 :>.\.< GI.c .. ..-I\.<ra 101 C ..:l 1II't1'M 0 . 0 ra:l .. 0 .. GlO IZI I: .-ICIol 101 Iol < ra o.GlO Gl CII ::ICII ..:l 'tI x.c '0 10 ".-I .... Gl:to. c 0 o ra x 0 :3 0. c.c GI 0 "'Gl\.< X ::I C > Gl 0>'0 III GI . 0..... .... .-I Gl ..-I .. Gl III.... e \.< 10 .. C..IoI.... .0..GlGlOO GI 0.... 0 0 .-I ra \.< c-.... c ..c....cc ......Co. C XOXlllleO 00 Iol 0 0 ra:l>ra:lQ~Q 00000 . , III . ..aJ ... en C III Gl III III Gl > ~....III ..-I ..c......ralll Gl.. OI.<GlOc- ..0 .... Iol c-.... .... III ..c.rtke'tl'CGl :t IllGlGlIIIO'1ol ,...cIllGl-rl (/J (/J 0 (/J '0 Iol .-IGl'tl Gl....:>.Gl ra>CGl'kle...... ,0.... ri:I ,Iol 0. 0 'lII."ra .. ' .... III ra e '\.< ::l ~ eo, OQlO Gl\.<OCl)Oo.GlIol ..c Iol..-l Q Co ooxo:: ,ora OO<lII......- :>. "t'I'tII:CIO .Q' <....raOQl lII:>':l:::l 0'0.> 'tI C.-I 0' \.< lII..-I Gl Gl.c..:l.rt 0-" 10 c-c-<...., 0 ::lO.rtO IOlOra rac.cI-<GlQlOGl 0.... CI).-I.-I..-I1ol o ,><.o.Q' Iol - ~ ~.sg;:j ~~'Gl ra 0 Ie (/J e 0..-1 o ::l 0.0 Cl)1O.. ..o~lolra ~ra ,~6""~~ <'tI1000' c t'lGlIolGl (/J ,::I <CGl....GlGlIll ;:C..-l N.... Iol > '" ' ....rt Gl ra -rl Gl- :l:CII.. IIlNIol foo'tl..-l c.c 0..-1..-1 ..:l IIlraO.-l'Ora < Gl C 0'..-1 0...-1 ra:lIolGlIol..cXXC :l:llIlIIO~GlO..-l . ' .. ~I ..... ,.'. " ....----....... ; EMPLOYEE QUESTIOMIRE EMPLOYEE DATE DEPT. 1. I have been made aware of the new OSHA "RIGHT TO KNOW LAW" in meetings and or on an individaul basis. 2. I have been made aware of the hazardous chemicals : being used in my department and am ble to identify / them by way of specific warning labels on containers such,as drums, boxes, etc. 3. I have been made aware of any and all safety devices (special gloves, aprons, rubber boots, safety glasses and or shields) required by me in the performance of my job when handling certain chemicals or materials which could cause personal injury to myself or a fellow employee. 4. I have been shown and instructed in the use of a notebook containing Material Safety Data Sheets located in the Supervisor's office of,my department. S. Each of the Material Safety Data Sheets applicaple to my job were explained to me as to the hazards and safety requirements of working with the chemicals or materials and emergency first aid in case of injury. --.. YES NO o o o o o o o o . o o 6. I havebeen.made.aw~re that in t~e event I am ~r~n~ferredD 0 to another Job, ~t ~s the Superv~sor's respons~b~l~ty to instruct me regarding any safety precautions and or requirements pretaining to the new job or temporary assignment, before actually starting at the job. 7. I h~~e b~en m1de aware of any spill prevention plan if applicaple to my department. 8. been made aware of an Emergency action plan explained Evacuation procedures in event of or other diaster. I have with a fire 9. I am aware of Evacuation route maps located in strategic locations in the plant. 10. In event of an emergency, I am familiar with the Evacuation procedures applicaple to me and the Evacuation routes I should take if necessary. 11. I feel confident in my knowledge of OSHA'S new law and need no further instructions at this time. 12. Comments: o o o o o o o o o o ~_...._.._-. ,,) ). ) .,<-1 TEXAS HAZARD COMMUNICATION ACf AND RULES ~ .' . TEXAS DEPARTMENT OF HEALTH AUSTIN, nXAS '. . . ) HAZARD COMMUNICATION ACT AND RULES Enacted by the 69th Legislature, 1985. Codified in Vernon's Texas Civil Statues as Title 83, Article 5182b. Rules adopted by the Board of Health in 1986 were published in the Texas Register as section 295.1-295.8 in 10 TexReg 4889-4890, II TexReg 850-852, and II Tex Reg 4159-4161, TABLE OF CONTENTS Title 83, Article 512b. HAZARD COMMUNICATION ACT. ) Sec. I Sec. 2 Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10 Sec. 11 Sec. 12 Sec. 13 Sec. 14 Sec. 15 Sec. 16 Sec. 17 Sec. 18 Short title Declaration Definition Relationship to OSHA Standard Notice to Employees Workplace Chemical List Material Safety Data Sheets Labels Emergency Information Employees education program Construction of Act Powers and Duties of Board Complaints, investigations, penalties Outreach programs Employee rights Protection of Trade Secrets Exemptions Severability 2 2 2 4 4 4 5 5 5 6 6 6 6 '7 7 8 8 9 , RULES ADOPTED BY THE BOARD OF HEALTII 25 TAC, Chapter 295, Environmental Health, Hazards Communication. Sec. 295.1 Purpose and scope Sec. 295.2 Definitions Sec. 295.3 Responsibility for implementation of program Sec. 295.4 Labeling Sec. 295.5 Posting of workplace notice Sec. 295.6 Compliance deadlines Sec. 295.7 Training Sec. 295.8 Assessment of administrative penalties ) II II 12 12 12 13 13 13 I Title 83. Ar. 5182b. HAZARD COMMUNICATION ACT AN ACT SHORT TITLE Sec. I. This article may be cited as the "Hazard Communication Act." DECLARATION OF PURPOSE Sec. 2. The legislature finds that the health and safety of persons living and working in the State of Texas may be improved by providing access to information regarding hazardous chemicals to which they may be exposed either during their' normal employment activities'. during emergency situations, or as a result of proximity to the manufacture Or use of those chemicals. The legislature also finds that many employers in the State of Texas have already established suitable information programs for their employees and that access to that information is scheduled to be required of all manufacturing employers by November 1985 under " the federal Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard. It is the intent and purpose of this Act to assure that, in the event that the OSHA standard does not take effect or remain in effect, accessibility to information regarding hazardous chemicals be provided to employees who may be exposed to those chemicals in manufacturing employer workplaces. It is also the intent and purpose of this Act that the information be provided to employees who may be exposed to hazardous chemicals in nonmanufacturing employer workplace to emergency service organizations responsible for dealing with chemical hazards during emergency situations, and the commissioner of health to make the information available to the general public through specific procedures. DEFINITIONS Sec. 3. In this Ace ( I) "Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Services (CAS) rules or nomenclature, or a name that will clearly indentify the chemical for the purpose of conducting a hazard evaluation. (2) "Common name" means any designation of identification such as code name, code number, trade name, brand name, or generic name used to identify a chemical other than by its chemical name. (3) "Chemical manufacturer" means an employer in Standard' Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution. ) (4) "Designated representative" means the individual or organization to whom an employee gives written authorization to exercise the employee's rights under this Act. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. 2 (5) "Distributor" means any business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to their distributors or to purchasers. (6) "Employee" means any person who may be or may have been exposed to hazardous chemicals in the person's workplace under normal operating conditions or foreseeable emergencies. Office workers, ground maintenance workers, security personnel, or nonresident management are not included unless their job performance routinely involves potential exposure to hazardous chemicals. The term "employee" includes persons working for the State of Texas and its political subdivisions, as well as members of volunteer emergency service organization. (7) "Expose" or "exposure" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry, including inhalation, ingestion, skin contact, or absorption, and includes potential, possible or accidental exposure. (8) "Fire chief" means the elected or paid administrative head of a fire department as defined in Chapter ]25, Acts of the 45th Legislature, Regular Session, 1937 (Article 6243e, Vernon's Texas Civil Statutes). (9) "Hazardous chemical" means any element, chemical compound, or mixture of elements or. compounds that is a physical hazard or health hazard 'as defined by the OSHA standard in 2900. CFR Section 1910.1200(c), or a hazardous substance as defined by the OSHA standard in 29 CFR Section 1910.1200 (d)(3). (10) "Label" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals. ) (II) "Manufacturing employer" means an employer with a workplace classified in Standard Industrial Classification (SIC) Codes 20 through 39 who manufactures or used a hazardous chemical. (12) "Material saf.ety data sheet" ("MSDS") means a document containing chemical hazard and safe handling information, provided that after Novermber 25, 1985, "MSDS" means a document prepared in accordance with the requirements of the OSHA standard for the document. (13) "Nonmanufacturing employer" or "employer" means an employer with a workplace in Standard Industrial Classification (SIC) Codes 46 through 49 (Pipelines, transportation services, communications and electric, gas, and sanitary servic,es), 51 (wholesale trade, nondurable goods), 75 automotive repair, services, and garages), 76 (miscellaneous repair services), 80 (health services), 82 (educational services), and 84 (museums, art galleries, botanical, and zoological gardens); the State of Texas and its political subdivision and all volunteer emergency services organizations. If the OSHA standard does not take effect or remain in effect, "employer" also includes manufacturing employer. (14) "OSHA standard" means the Hazard Communication Standard issued by the Occupational Safety and Health Administration in 48 Federa] Register 53280 et seq. (November 25, 1983). to be codified under Title 29 of the Code of Federal Regulations (CFR) Section 1910, 1200. (15) "Commissioner" means the commissioner 'of health. (16) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where employees are present. ) (17) "Workplace" means an establishment at one geographical location containing one or more work areas. 3 (18) "Workplace chemical list" means the list of hazardous chemicals developed under Section 6 of this Act or Section 1910. l200(e)(i) of the OSHA standard. (19) "Board" means the Texas Board of Health. (20) "Department" means the Texas Department of Health. Relationship to OSHA Standard Sec. 4. (a) manufacturing employers and distributors that are regulated by and complying with the provisions of the OSHA standard are exempt from this Act except for Sections 6(d), 6(e), 7(a), 9, l3(c), 13(d), l3(e), and IS of this Act. Manufacturing employers and distributors are subject to this Act if the OSHA standard does not take effect or remain in effect. (b) NonmanufacturIng employers that adOPt and comply with the Provision of the OSHA standard may be certified by the commissioner as being in compliance with this Act except for Sections 6(d), 6(e), 7(a), 7(d), 9, l3(c) l3(d), 13(e), and IS of this Act. This certification shall be done annually. Notice to Employees -. Sec. 5. Employers shall post adequate notice, at locations where notice are normally posted, informing employees about their rights under this Act. In the absence of a notice prepared by the commissioner under Section 14 of this Act, an employer notice shall be posted. ) Workplace Chemical List Sec. 6. (a) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally use or stored in the workplace in excess of 55 gallons or 500 pounds or an amount that the board determines by rules for certain highly toxic or dangerous hazardous chemicals: (1) the chemical name and the common name used on the MSDS and container label; (2) the nomenclature used in identifying the chemical name; and (3) the work area in which the hazardous chemical is normally stored or used. (b) The workplace chemical list shall be updated as necessary but not less frequently than annually. (c) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided that the list is readily available to employees and their representatives. New or newly assigned employees shall be made aware of the the workplace chemical list before working with or in a work area containing hazardous chemicals. (d) The workplace chemical list shall be provided to the commissioner on the effective date of this Act or, for an employer or manufacturing employer that begins operation after the effective date of this Act, within 60 days after the date on which it begins operation. (e) The workplace chemical list shall be maintained by the employer or manufacturing employer for 30 years. Complete records shall be sent to the commissioner if the business ceases to operate within the state. ) 4 Material Safety Data Sheets Sec. 7. (a) Chemical manufacturers and distributors shall provide manufacturing and nonmanufacturing purchasers of hazardous chemicals in this state appropriate MSDSs for the hazardous chemicals purchased. (b) Employers shall maintain the most current MSDS received from manufacturers or distributors for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the employer shall request one in writing from the manufacturer or distributor in a timely manner. (c) Material safety data sheets shall be readily available on request, for review by employees or disignated representatives. (d) A copy of an MSDS shall be provided to the commissioner on request. The commission shall request an MSDS from an employer of manufacturing employer when an MSDS is requested by a person if that request is based on a review of the employer's or manufacturing employer's workplace chemical list by the person, requesting the MSDS. , Labels Sec. 8. (a) Existing labels on incoming containers of hazardous chemicals may not be removed or defaced. ) / (b) Employees may not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the immediate use of the employee who perfoms the transfer. Emergency Information Sec. 9. (a) Employers or manufacturing employers who normally store a hazardous chemical in an amount in excess of SS gallons or SOO pounds or in an amount the board determines by rule for certain highly toxic or dangerous hazardous chemicals shall provide to the fire chief of the fire department having jurisdiction over the workplace, in writing, the names and telephone numbers of knOWledgeable representatives of the employer or manufacturing employer who can be contacted for further information or contacted in case of an emergency. (b) Each employer or manufacturing employer shall provide a copy of the workplace chemical list to the fire chief on request. The employer shall notify the fire chief of any significant changes that occur in the workplace chemical list. (c) The fire chief or his representative, on request, shall be permitted to conduct on-site inspections of the chemicals on the workplace chemical list for the sole purpose of preparing fire department activities in case of an emergency. (d) Employers or manufacturing employers shall provide to the fire chief, on request, a copy of the MSDS for any chemical on the workplace chemical list. ) (e) The fire chief shall make the workplace chemical list and MSDSs available to members of the fire department having jurisdiction over the workplace and to other personnel outside the fire department who are responsible for preplanning emergency activities, but may not otherwise distribute the information without approval of the employer or manufacturing employer. 5 i~,c... . ') ./ ) J Employee EducatloD Program Sec. 10. (a) Every employer shall provide, at least annually, an education and training program for employees using or handling hazardous chemicals. Within 30 days of providing the education and training program, an employer shall repon to the commissioner that the program has been provided to the employees. Additional illStruction shall be provided when the potential for exposure to hazardous chemicals is altered or when new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working with or in a work area containing hazardous chemicals. (b) The program must include, as appropriate, information on interpreting labels and MSDSs and the relatiollShip betWeen those two methodS of hazard communication; the location, acute and chronic effects, and safe handling of hazardous chemicals used by the employees; protective equipment and first aid treatment to be used with respect to the hazardous chemicals used by the employees; and general safety instruction on the handling, cleanup procedures, and disposal of hazardous chemicals. Employers shall keep a record of the dates of training sessions given to employees. (c) The commissioner;' under Section 14 of this A.ct, shall develop an education and trainin~ assistance program to aid those employers who, because of size or other practical considerations, are unable to develop the programs by themselves. The program shall be made available to an employer on request. . ConstructloD oC Act Sec. 11. The provision of information to an employee does not in any way affect the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals,nor does it affect the employer'S responsibility to take any action to prevent the occmrence of occupational disease as required under any other provision of law. The provision of information to an employee does not affect any other duty or responsibility of a manufacturer, producer, or formulator to warn ultimate users of a hazardous chemical under any other provision of law. Powers and Duties oC Board Sec. 12. The board may, in the manner provided by the law, adopt rules and administrative procedures reasonably necessary to carry out the purposes of this Act. ComplalDts, {D\'esdllatloDs, PeDaltles Sec. 13. (a) Complaints received in writing from employees or their designated representative ' relating to alleged violations of the Act by nonmanufacturing employers shall be investigated in a timely manner by the commissioner or his designated representative. Complaints from employees or their designated representatives relating to alleged violations by manufacturing employers shall be referred to the federal Occupational Safety and Health Administration by the complainant. However, complaints shall be investigated by the commissioner or his designated representative if the OSHA standard does not take effect or does not remain in effect or if the complaint is based on a requirement under this Act. (b) Officers or dUly designated representatives of the commissioner, on presentation of appropriate credentials, have the right of enl1'y into any workplace at reasonable times to inspect and investigate complaints. 6 '. . . ) (c) Employers and manufacturing employers (ound to be in violation of this Act have 14 days to comply. Employers and manufacturing employers not complying within 14 days fOllowing written notification of a violation are subject to an administrative penalty of not more than $500 per violation. (d) If required under this Act, employers and manufacturing employers who knowingly disclose a hazard are subject to a civil fine of not more that $5,000 per violation. This section does not affect any other right of an employee or any other person to receive compensation for damages under other law. (e) If required under this Act, employers and manufacturing employers who proximately cause an injury to an individual by knowingly disClosing false hazard information or knowingly failing to disclose hazard information are subject to a criminal fine of not more than $25,000. This section does not affect any other right of an employee or any other person to receive compensation for damages under other law. Outreach Programs Sec. 14. (a) The commissioner shall d!lvelop and provide tei each employer a suitable form >Qf notice providing employees with information regarding their rights under this Act. (b) As part of the outreach program, the commissioner shall develop an education and training program consisting of instructional materials to assist employers under Section 10 of this Act. ) (c) As part of the outreach program, the commissioner shall develop and distribute a supply of informational leaflets on employers' duties, employee rights, the public's ability to obtain information under this Act, the outreach program, and the effects of hazardous chemicals. (d) The commissioner may contract with a public institution of higher education or other public or private organJzations to develop and implement the outreach program. (e) The commissioner shall publicize the availability of information to answer inqumes from. employees, employers, or the public in this state concerning the effects of hazardous chemicals. ' (f) In cooperation with the commissioner, an employer may provide an outreach program in the community. Employee Rights Sec. 15. (a) Employees who may be exposed to hazardous chemicals shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for the hazardous chemicals. Employees, on request, shall be provided a copy of a specific MSDS with trade secret information, if any, deleted. In addition, employees shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment. These rights are guaranteed on the effective date of the Act. ) (b) An employer or manufacturing employer may not discharge, caused to be discharged, otherwise discipline, or in any manner discriminate against an employee because the employee has filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 13 of the Act, instituted or caused to be instituted any proceeding under or related to this Act, testified or is about to testify in such a proceeding, or exercised any rights afforded under this Act on behalf of the employee or on behalf of others. Pay, 7 position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this Act. (c) Any waiver by an employee of the benefits or requirements of this Act is against public policy and is null and void. Any employer's or manufacturing employer's request or requirement that an employee waive any rights under this Act as a condition of employment is a violation of this Act. Protection oC Trade Secrets Sec. 16. (a) An employer who believes that all or any part of the information required under Section 6, 9(b), or 9(d) is a trade secret may withhold the information, provided that: (I) material safety data sheets are available to employees in the area where they work; (2) hazard information on the trade secret chemicals, or an MSDS with trade secret information deleted, is provided to the fire chief and the commissioner, on request; (3) all relevant informatio~ is provided to a physician diagnosing and treating a person exposeCI to the chemical, under requirements stated in the OSHA standard in 29 CFR Section 1910.1200(i)(2); and (4) the employer can substantiate the trade secret claim. For purposes of the Act, the requirements in the OSHA standard for physicians treating employees shall apply to physicians treating persons. ) (B) The commissioner, on his own initiative or on the request of an employee, the employee's designated representative, a fire chief, or a person who made a request under Section 7(d) of this Act, may request any or all of the data substantiation the trade secret claim to determine whether the claim made under Subsection (a) of this section is valid. When making a determination of a trade secret claim under this subsection, the commissioner shall conduct a reasonable search of available literature to determine if the hazard information is accurate. If the commissioner, based on his review of the health and safety information made available by the employer and other available information, has determined that the MSDS reflects a prudent assessment of the scientific evidence regarding hazards, then the commissioner shall add an addendum to the MSDS over his signature stating his opinion. If the commissioner, based on his review of the health and safety information made available by the employer and other available information, has determined that the MSDS does not reflect a prudent assessment of the scientific evidence regarding hazards, then the commissioner shall add an addendum to the MSDS over his signature reflecting his opinion of a prudent assessment of the scientific evidence. The assessment shall be completed in 90 days of the commissioner's receipt of the information or data substantiating the trade secret claim. The commissioner shall protect from disclosure any or all information coming into his possession when the information is marked by the employer as confidential, and shall return all information so marked to the employer at the conclusion of a final determination. (c) The employer has 30 days after notification by the commissioner that a trade secret claim is not valid to petition for judicial review. Judicial review shall be by trial de novo in a district court of Travis County. ) Exemptions Sec. 17. (a) Notwithstanding any language to the contrary, the provisions of the Act do not apply to chemicals in the following categories: 8 (1) any article that ,is formed to a specific shape or design during manufacture, that has end-use functions dependent in whole or in part on its shape or design during end-use and that does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use; (2) products intended for personal consumption by employees in the workplace; (3) retail food sales establishments and all other retail trade establishments, exclusive of processing and repair areas; (4) any food, food additive, color additive, drug, or cosmetic as, those terins are defined in the Food and Drug Act (21' U.S.C. 201 et seq.)., or distilled spirits, wines, or malt beverages as those terms are defined in the federal Alcohol Administration Act (27 U.S.C. 201 e.t seq.); (5) a laboratory under the direct supervision or guidance of a technically qualified individual, provided that (A) labels on containers of incoming chemicals shall not be removed or defaced; (B) material safety data sheets received shall be maintained and made accessible to employees and students;' . (C) the provisions of Section 9 and 10 of this Act are met; and (D) the laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes; ) (6) products labeled pursuant to the federal insecticide, Fungicide, and Rodenticide Act; (7) hazardous waste regulated pursuant to the federal Resource Conservation and Recovery Act; and (8) radioactive waste. (b) No provision of this Act, except Section 9(a), and 10, applies to a workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more thaq five working days. Severability Sec. 18. The prOVISions of this Act are severable, and if any phrase, clause, sentence, or provision of this Act, or the application of any phrase, clause, sentence, or provision to any person, business entity, or circumstances, shall be held invalid, the remainder of this Act, and the application of such provision or provision to any person, business entity, or circumstances other than those which it was held invalid, shall not be affected thereby. Added by Acts 1985, 69th Leg., p. 1037, ch. 194, Section I, eff. Jan I, 1976 Title or Act: ) An Act relating to providing employees with access to information relating to hazardous chemicals to which they may be exposed during their employment, to providing hazard information to emergency service personnel and the commissioner of health, and to providing 9 I' I , ) ), ,.' ,) , persons with a mechanism to gain access to information relating to hazardous chemicals; providing penalties. Acts 1985, 69th Leg., p 1037, ch. 194. ~ ,. 10 '. . RULES ADOPTED BY THE TEXAS BOARD OF HEALTH UNDER THE HAZARD COMMUNICATION ACT, ARTICLE,51826, Sec. 12. Section 295.1. Purpose and Scope (a) The purpose of ;hese rules is to provide employees and the public with access to information relating to hazardous chemicals to which they may be exposed during their employment, to provide hazard information to emergency service personnel and the Commissioner of Health, and to provide persons with a mechanism to gain access to information relating to hazardous chemicals. (b) In order to avoid confusion among employers and the public, the Board shall implement the Hazard Communication Act, Texas Civil Statues, Article 5182b, compatibly with the Hazarll Communication Standard (OSHA Standard) of the United States Department of Labor. Occupational Safety and Health Administration. 29 CFR 1910.1200. Section 292.2. Delini lions ) In addition to the statutory definitions, the following words and terms, when used in these sections, shall have the fOllowing meanings, unless the context clearly indicated otherwise. Ad - - - - The Hazard Communication Act, Texas Civil Statutes, Article 5182b Appropriate hazard warning - - - - Any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the health and physical hazards of the chemical(s) in the container(s). Board - - - The Texas Board of Health. Commissioner - - - - - The Texas Commissioner of Health. Department - - - The Texas Department of Health. Health hazard - - - - A chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic systems, and agents which damage the lungs, skins, eyes. or mucous membranes. Identity - - - Any chemical or common name which is indicatlfd on the material safety data sheet (MSDS) for the chemical. The identity used shall permit' cross-references to be made among the required list of hazardous chemicals, the label and the MSDS. ) Label - - - - Any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals, which includes a common name referenceable to a material safety data sheet and workplace chemical list. II . Physical hazard - - - A chemical for which there is scientifically valid evidence that it is a combustible liquid. a compressed gas. explosive. flammable. an organic peroxide. an oxidizer. pyrophoric. unstable (reactive) or water-reactive. Work area - - - A room or defined space in a workplace where hazardous chemicals are produced or used and where employees are present. Workplace - - - An establishment at one geographical location containing one or more work areas. Normally this would be a building, or other structure. but it could be a complex of buildings if the work activities and hazardous chemicals within these building are similar. Section 295.3. Responsibility for Implementation of Program. The commissioner's responsibilities under the Act are carried out through the Occupational Health Program. Texas Department of Health. Compliance documents and routine inquiries regarding this act shall be addressed. until further notice by the Commissioner. to: Occupational Health Program Texas Department of Health 1100 West 49 Street Austin, Texas 78756 0( Section 295.4. Labeling. ) (a) If the OSHA Hazard Communication Standard does not remain in effect, the chemical manufacturer, formulator, importer. or distributor of hazardous chemicals shall ensure that each container leaving or kept in the workplace is labeled. tagged. or marked with the following information: (I) identity of the hazardous chemlcal(s); (2) Appropriate hazard warnings; and (3) Name and address of the chemical manufacturer, importer, or other responsible party. (b) Employers must label new or existing stock of hazardous chemicals with the following information. if such stocks are not already appropriately labeled: (I) Identity of the hazardous chemicals(s) and (2) Appropriate hazard warnings. (c), Labeling of pipelines, valves and other stationary conveyances is not required, provided that employees have ready access to documents or instruments to determine the contents of these conveyances at any time. Section 295.5. Posting of Workplace Notice. ) (a) Nonmanufacturing employers covered by the Act must keep posted a workplace notice specified in this rule. The wording of the required workplace notice may be changed by the Commissioner of Health as needed. The wording of the workplace notice is as follows: 12 . NOTICE TO EMPLOYERS THE TEXS HAZARD COMMUNICATION ACT OF 1985, TEXAS CIVIL STATUTES, ARTICLE SI82b, REQUIRES CERTAIN EMPLOYERS TO provide employees, local fire departments, the Texas Department of Health, and other interested persons with specific information on the hazards of chemicals in use. As required by law, your employer must provide you with certain information and training, starting January I, 1986. A brief summary of the law follows. 1. Employers must develop a list of hazardous chemicals used or stored in the workplace, each in excess of SS gallons or SOO pounds. Smaller quantities may be reported. This list shall be updated by the employer as necessary, but at least annually. The list must be sent to the Texas Department of Heath at least annually, to be made available to the general public on request. 2. Employees who may be exposed to hazardous chemicals shall be informed of the exposure by the employer and shall h:lVe access to the workplace chemicals list and to the most current material safety data sheets. which detail physical and health haZards and other pertine')t information. The list must state which chemicals are present in each work area. . 3. Employees shall receive training by the employer on the hazards of the chemicals and on measures they can take to protect themselves from those hazards, and shall be provided with appropriate personal protective equipment. This training shall be provided at least' annually and must be reported by the nonmanufacturing employer to the Texas Department of Health within 30 days of completion. ) 4. Employees shall not be required to work with hazardous chemicals from unlabeled containers, except portable containers for immediate use, the contents of which are known to the user. S. Employers must provide the names and telephone numbers of knowledgeable company representatives to the local fire department, as well as other information if the fire department requests it. 6. The following chemicals are exempted from coverage by this act: articles that do not normally release hazardous chemicals, food, cosmetics, pesticides for use (but not pesticide formulation), hazardous wastes. and some other materials. Most of these are covered by other acts. Manufacturers are exempt from some provisions of the State law since they are covered under similar rules adopted by the Federal Occupation Safety and Health Administration (OSHA). 7. Employees may file complaints with the Texas Department of Health. and may not be discharged or discriminated against in any manner for the exercise of any rights provided by this act. Employees and citizens may make written request to the. Texas Department of Health to require listing of small quantities of certain highly hazardous chemicals. EMPLOYERS MAY BE SUBJECT TO ADMINISTRATIVE PENALTIES AND CIVIL OR CRIMINAL FINES RANGING FROM $SOO TO $25,000 FOR VIOLATIONS OF THIS ACT. Further information may be obtained from: ) Occupational Health Program Texas Department of Health 1100 West 49th Street Austin, Texas 787S6 Phone: (512) 458-7410 13 . (b) The workplace notice must measure at least 8 1/2 by II inches and must be typed, typeset, or use mechanically produced lettering that is clearly legible. The letters must not be smaller that 12 characters per inch. The words "NOTICE TO EMPLOYEES' must be in bold capital letters at least 1/2 inch high. Other words spelled in capital letters must be reproduced in capital letters. The notice, as specified, must be produced or obtained by each employer at his own expense until further notice by the Commissioner. Section 295.6. Compliance Deadlines. (a) Manufacturing and nonmanufacturing employers covered by the Act or specified parts of the Act must send to the Occupational Health Program annually an up-to-date workplace chemical list for each of their workplaces in Texas, as specified in Section 2, Declaration of Purpose, and Section 6, Workplace Chemical List, of the Act. These lists shall be maintained in a public file operated by the Occupational Health Program. (b) Complete workplace chemical list must be sent to the Department annually, to be postmarked no later than as follows: (I) manufacturers (Standard Industrial Classification Codes 20-39) -- June 30, 1986, and each year thereafter. . (2) nonmanufacturers (Standard Industrial Clasification Codes 46-49, 51, 75, 76, 80, 82, 84 state and local governments) -- December 31, 1986, and each year thereafter. ) (c) When new chemicals are acquired during the year following the deadline, an addendum to the complete workplace chemical list Or a new complete list must also be sent to the Department and must be kept by the employer for 30 years like the annual list. Section 295.7. Training A Department. booklet outlining a training program shall be available by January I, 1987 at a reasonable price. Other informational materials may be published and sold by the Department at a reasonable price. Section 295.8. Assessment of Administrative Penalties. (a) Inspections may be conducted by the Commissioner of his designated representative to determine if persons are in violation of the Hazard Communication Act, Texas Civil Statutes, Article 5182b, or rules adopted by the Board of Health to enforce the Act, Section 295.1-295.7 of this title (relating to purpose and Scope; Definitions; Responsibility for Implementation of Program; Labeling; Posting of Workplace Notice; Compliance Deadlines; and Training). (See II TexReg. 850 and 10 TexReg 4889.) Persons found to be in violation will be notified in writing of the violation. (b) Inspections are not necessary to confirm violations in all instances. Failure to annually file with the Department the required workplace chemical list and addenda or, for non-manufacturing employers_only, to file the required notice of training will be considered violations of the Act that do not necessarily.require' an inspection. Other violations may be confirmed by the Department through correspondence with authorized company officals and may not warrant an inspection. ) (c) Persons found to be in violation of the Act are subject to administrative penalties authorized by the Act, Section 139(c). Each violation will be assessed as a separate penalty. The total penalty will be the sum of all individual violation penalties. 14 . , . ' ) (d) A person notified in writing of a violation must do one of the following within 14 days: correct the violation, pay an administrative penalty, or request a hearing. A written response electing one of these actions must be received by 'the Administrator, Occupational Health Program, on or before the 15th day following the receipt of the written notification of violations. A request for a hearing must specify the points of disagreement and relief sought. Hearings shall be held in accordance with Sections 1.21-1.33 of this title (relating to Formal Hearing Procedures). (e) Penalties will be due on the 15th day fOllowing the date that a written notification of violations is received by the person, unless the Occupational Health Program receives an acceptable written response that each violation has been abated or that a hearing has been requested. The written response must list separately each violation and must be signed by a duly authorized company official. An inappropriate or unacceptable response will not alleviate the necessity of paying the penalty when due. (f) Followup inspections may be made to confirm the status of abatement of violations. Any violation found on such followup inspection will be subject to an additional administrative penalty. If the first 14-day notice period has expired, that penalty will be due and a second or subsequent notice will be provided for determining second or subsequent penalty due dates. (g) The amount of penalty per violation will be based on the seriousness of the violation. '. ) (h) the degree of seriousness of each violation will be classified in one of three levels: (I) A-'minor violation, which is a minimal threat to employees or the public and/or temporary inability to fully comply. (2) A serious violation, which is a threat or hazard to employees or the public. (3) A critical violation, which has caused, or is likely to cause harm to employees or the publi~. (i) Penalties will be charged ,based on the following schedule: Seriousness of violation First Occurrence I Subsequent Occurrence 3 Second Occurrence 2 ----------------------------------------------------------------------------- Minor $ 50 $ 100 $ 250 Serious. $ 100 $ 250 $ 500 Critical. $ 300 $400 $ 500 .Failure to correct serious or critical violations may be considered for additional civil or criminal penalties. ) (j) Individual violations may be reduced or enhanced based on consideration of the history of previous violations, good faith efforts made to correct violations promptly, and on any other consideration that justice may require. A maximum reduction or enhancement of 50% per individual violation may be considered, based on the facts presented to the Department. (k) The following are examples of violation seriousness categories and are neither exhaustive nor controlling: 15 w;:: . or i-# .. '. .. ), ) ) (1) Minor Violation - Levell. (a) Failure to post the worker notice on one of five bulletin boards. (b) Failure to list a hazardous chemical which was not known to be a significant hazard by the employer or manufacturing employer. (c), Failure to adequately label a hazardous material that was obtained before the Act went into effect. (d) Failure to send an addendum to the workplace chemical list to the Texas Department of Health. (e) Inadvertent failure of a manufacturer or distributor to provide an up-to-date material safety data sheet to a school district or other employer covered by the Act. (2) Serious Violation - Level II. (A) Failure to inform the local fire department of appropriate contact persons at the company. (B) Failure to train new employees on the hazards of the jobs. (C) Failure to compile a workplace chemical list. (D) Failure to provide employees a warning and information on hazardous chemicals being used in the workplace by a contractor with employees subsequently complaining of irritation caused by vapors. (E) Failure to train and protest office workers exposed to ammonia from a "blueline" machine. (3) Critical Violation - Level III. (A) Refusal to provide hazard information to an employee on request. (B) Failure to initiate a training program. (C) Failure to provide requested information to the local fire department. (D) Failure to provide information on a hazardous chemical to a health professional for diagnosis or treatment of a patient. (E) Failure to keep a file or material safety data sheets on hazardous chemicals normally present in the workplace. ----------------------------------------------------------------------------- Further information may be obtained from: Occupational Health Program Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Phone: (512) 458-7410 16