| (a) Defined. A workplace chemical list (WCL) is a form
that must be completed with the information required by the Act, § §125.004-.005.
In order to determine whether the covered pesticide chemical must
be listed, a covered employer shall total the quantities of pesticide
products containing the same active ingredient to determine whether
more than the threshold amount of any covered pesticide chemical is
actually used or stored annually in the workplace. In order to determine
total quantities when both liquid and dry formulations of a covered
pesticide chemical have been used or stored, the covered employer
shall convert pounds to gallons or gallons to pounds using the ratio
9.09 pounds/gallon or .11 gallon/pound. The following documents or
information shall be attached to the workplace chemical list:
(1) the material safety data sheet, generally referred
to as the "safety data sheet" (SDS) for each chemical listed on the
workplace chemical list, or in the case for which an SDS is both unavailable
and not required under the federal Occupational Health and Safety
Administration hazard communication standard, a product label, or
equivalent documentation;
(2) crop sheets and other health and safety data provided
by the department that the covered employer has been required to distribute
to the covered employer's agricultural laborers; and
(3) an estimate of the amount of the product applied
and estimate of the number of acres treated. The department's workplace
chemical list form will include a space in which the covered employer
may provide this information.
(b) Responsibility to compile and maintain a workplace
chemical list.
(1) The department shall prescribe a form for the workplace
chemical list required by the Act. The form shall include places in
which a covered employer shall list the name of the crop(s), the product
name of all covered pesticide chemicals that are applied to the crop
and/or stored at the workplace in excess of the threshold amount,
the locations and dates of the application of all covered pesticide
chemicals used, and the storage locations of the covered pesticide
chemicals at the workplace. The department may approve a computerized
format if the format fulfills the requirements of the Act.
(2) A covered employer shall compile and maintain a
workplace chemical list for covered pesticide chemicals as specified
in subsection (a) of this section.
(3) The covered employer may choose to maintain a single
list for each crop, each work area, or each workplace, provided that
the list contains sufficient information to identify the date and
location of pesticide application(s) and the name(s) of the pesticide(s)
applied.
(4) If the list is compiled by workplace containing
various work areas in different counties, copies of the list shall
be kept at the place of business closest to the work area.
(5) The covered employer is responsible for obtaining
the workplace chemical list form from a department regional office
or the department website and is not relieved of these duties under
the Act and this chapter because he or she has not received a form
from the department.
(6) A covered employer's responsibility to maintain
a workplace chemical list includes the entering of information regarding
the application of covered pesticide chemicals as they are applied,
used, or stored in excess of the amounts specified in subsection (a)
of this section.
(7) The covered employer shall either:
(A) maintain workplace chemical lists and attachments
at the principal place of business in Texas for 30 years; or
(B) file workplace chemical lists and attachments with
the department annually.
(8) Any covered employer who wishes to file these records
with the department shall include the covered employer's identification
number. Records should be sent to the Texas Department of Agriculture,
Pesticide Program, P.O. Box 12847, Austin, Texas 78711. Records for
each calendar year shall be filed by January 31 of the following year.
The department shall issue a receipt acknowledging records have been
received from the covered employer.
(9) If the department determines that a covered employer
repeatedly fails to maintain the workplace chemical list and its attachments
as required, the department may require the covered employer to file
annually the list and attachments with the department.
(10) If a workplace ceases to be used for the agricultural
activities for which the workplace chemical list and attachments are
required, the covered employer shall send the workplace chemical lists
and attachments to the Texas Department of Agriculture, Pesticide
Program, P.O. Box 12847, Austin, Texas 78711.
(11) If the agricultural activities for which the workplace
chemical list and attachments are maintained continue at a workplace
but the covered employer is succeeded or replaced in function by another
person, the successor shall comply with the provisions of this subsection.
The successor is not liable for violations of the Act or this chapter
committed by his predecessor unless the transaction(s) leading to
the transfer were undertaken for the purpose of avoiding responsibility
for violations of the Act or this chapter.
(12) A licensed commercial applicator may satisfy the
obligations to keep records under the Texas Agriculture Code, §76.114,
and §7.33 of this title (relating to Records of Application,
and to maintain the workplace chemical list by maintaining a single
record, provided that the records maintained comply with all of the
requirements of this section as well as of §7.33 of this title
(relating to Records of Application). The department will develop
a form for the workplace chemical list which satisfies the recordkeeping
requirements for applicators.
(c) Access to the workplace chemical list.
(1) A covered employer shall make the workplace chemical
list and attachments accessible to an agricultural laborer, a designated
representative, treating medical personnel, or a member of the community.
The term "accessible" as used in this chapter means:
(A) in nonemergency situations, the term "accessible"
means that the documents or information shall be provided to a requester
for reading or copying, within a reasonable period of time, but in
no event more than five normal working days from the time of a reasonable
request. The term "reasonable request" as used in this section means
a request made orally or in writing either directly to the covered
employer, a managerial or supervisory employee employed by the covered
employer's place of business, or an employee designated by the covered
employer to receive such requests during normal working hours at the
workplace or the employer's place of business;
(B) in the case of a medical or safety emergency, the
term "accessible" means that the document or information shall be
given immediately to the requester authorized by the Act and this
chapter regardless of when the request is made.
(2) A designated representative or treating medical
personnel is not required to identify the agricultural laborer being
represented or treated.
(3) Before a covered employer allows an agricultural
laborer to work with a covered pesticide chemical or in a work area
where a covered pesticide chemical is used or stored, the covered
employer shall inform the agricultural laborer orally or in writing
of the existence of the workplace chemical list and its location.
(4) If the covered employer has filed the workplace
chemical list with the department, the covered employer shall inform
the requester that the requested workplace chemical list is available
from the department and provide the department's contact information.
(5) If a covered employer refuses to make accessible
the workplace chemical list and attachments to a designated representative,
treating medical personnel, or member of the community, that person
may notify the appropriate regional office of the department of the
request and of the covered employer's refusal.
(6) When the department is notified that a covered
employer has refused to provide a copy of the workplace chemical list
and attachments to a designated representative, or member of the community,
the department shall, within two working days from the day of receiving
the notice, request the covered employer to provide the department
with the list and attachments. The department's request to the covered
employer may be either oral or written.
(7) If the department, on behalf of a designated representative,
requests a copy of the workplace chemical list and attachments from
the covered employer, the covered employer shall provide the copy
to the department within 24 hours of the request.
(8) If the department, on behalf of a member of the
community, requests a copy of the workplace chemical list and attachments
from the covered employer, the covered employer shall provide the
copy to the department within 14 days of the request.
(9) A covered employer may not refuse to provide the
workplace chemical list form and attachments to an employee or treating
medical personnel.
(d) Department workplace chemical list files.
(1) The department may request a copy of any workplace
chemical list and attachments from any covered employer.
(2) The department shall maintain and preserve the
data from each workplace chemical list and attachments filed for 30
years.
(3) The department shall make this data available upon
request to an agricultural laborer, designated representative, member
of the community, treating medical personnel, and other medical and
health care personnel.
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