| (a) Purpose. The purpose of this chapter is to:
(1) provide agricultural workers and their designated
representatives with access to information regarding certain hazardous
chemicals to which they may be exposed during their normal employment
activities, during reasonably foreseeable emergency situations, or
as a result of their close proximity to areas where those chemicals
are used;
(2) provide access to information regarding hazardous
chemicals to certain emergency service organizations responsible for
dealing with chemical hazards during emergency situations in close
proximity to residential areas, to provide the department with access
to information regarding chemicals covered by the Act and this chapter,
and to provide members of the community with information about hazardous
chemicals used or stored in close proximity to their residences; and
(3) provide treating medical personnel and authorized
persons, including persons conducting epidemiological research, with
access to information regarding chemicals covered by the Act and this
chapter.
(b) Compliance with the Hazard Communication Act. A
covered employer shall comply with the requirements of the Act and
this chapter except insofar as the Hazard Communication Act, Texas
Health and Safety Code, Chapter 502, provides equivalent requirements
and the covered employer is in compliance with those requirements.
(c) Compliance with WPS. The department, after review
and comparison of the Act, this chapter, and the WPS, has determined
that the purpose of all these standards is to protect and communicate
possible hazards to which agricultural laborers may be exposed in
the workplace. A covered employer shall comply with the requirements
of the Act and this chapter. However, if an employer covered by the
Act and this chapter complies with applicable provisions of WPS and
the following additional and more stringent requirements of this chapter,
the employer will be considered to be in compliance with the Act and
this chapter:
(1) recognizing the use of a designated representative
by an agricultural laborer as provided for in the Act and §8.5
of this chapter (relating to Designated Representative);
(2) complying with requirements regarding the compilation,
maintenance, and provision of the Workplace Chemical List and attachments
as provided in §8.7 of this chapter (relating to Workplace Chemical
List);
(3) obtaining a Material Safety Data Sheet from manufacturers
and distributors in accordance with §8.6 of this chapter (relating
to Material Safety Data Sheet);
(4) complying with §8.11(f)(3) of this chapter
(relating to Training Program) which provides that a covered employer
may not refuse to hire a laborer solely because the laborer has not
completed a training program or cannot produce a training card;
(5) providing and reading crop sheets to agricultural
laborers in accordance with §8.8(b) of this chapter (relating
to Crop Sheets) in absence of training and if they do not have a training
card or they request it; and
(6) complying with notification requirements to the
local fire chief about chemicals stored for more than 72 hours as
provided in §8.12 of this chapter (relating to Emergency Response).
|
| Source Note: The provisions of this §8.1 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655 |
