1988R08- "CITY OF SCHERTZ HAZARD COMMUNICATION PROGRAM
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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.
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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.
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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.)
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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.
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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.
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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.
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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 &
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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
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-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.
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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.
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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.
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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:
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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:
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EMPLOYEE NAME DEPARTMENT EMPLOYEE SIGNATURE
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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
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Prepared by: Approved:
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EXHIBIT F
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MSDS INDEX
Depart.ment. Division
Workplace Dat.e .
Chemical or Manufacturer -
Mat.erial Name or Supplier - ,
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( Prepared by: Dat.e:
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EXHIBIT G
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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.
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Your prompt attention is necessary to maintain a proper level of
safety for our employees. Please send the MSDS for
no later than
~
Sincerely,
(
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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
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TEXAS
HAZARD
COMMUNICATION
ACf AND RULES
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TEXAS DEPARTMENT OF HEALTH
AUSTIN, nXAS
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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.
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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
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4
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5
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6
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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
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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.
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(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.
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(17) "Workplace" means an establishment at one geographical location containing one or more
work areas.
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(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
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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.
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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.
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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.
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Labels
Sec. 8. (a) Existing labels on incoming containers of hazardous chemicals may not be removed or
defaced.
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(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.
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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.
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(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,
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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.
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Exemptions
Sec. 17. (a) Notwithstanding any language to the contrary, the provisions of the Act do not
apply to chemicals in the following categories:
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(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:
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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
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persons with a mechanism to gain access to information relating to hazardous chemicals;
providing penalties. Acts 1985, 69th Leg., p 1037, ch. 194.
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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.
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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.
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(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:
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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.
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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.
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)
(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
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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:
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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.
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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