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Document Citation:
4 TAC § 8.1
Header:
TEXAS ADMINISTRATIVE CODE
TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS
Date:
08/31/2009
Document:
4 TAC § 8.1 (2011)
§ 8.1. General Provisions
(a) Purposes. The purposes of these regulations are:
(1) to 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) to 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 these regulations, and to provide members of the community with information about hazardous chemicals used or stored in close proximity to their residences; and
(3) to provide treating medical personnel and authorized persons, including persons conducting epidemiological research, with access to information regarding chemicals covered by the Act and these regulations.
(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 Civil Statutes, Article 5182b, provides equivalent requirements and the covered employer is in compliance with those requirements.
(c) Compliance with the Federal Worker Protection Standard (WPS). The department, after review and comparison of the Act, these regulations, and the Federal Worker Protection Standard, 40 Code of Federal Regulations (CFR), Part 170 (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 work place. A covered employer shall comply with the requirements of the Act and these regulations. However, if an employer covered by the Act and these regulations complies with applicable provisions of WPS and the following additional and more stringent requirements of these regulations, they will be considered to be in compliance with the Act and these regulations:
(1) recognizing the use of a designated representative by an agricultural laborer as provided for in the Act and § 8.5 of this title (relating to Designated Representative);
(2) complying with requirements regarding the compilation, maintenance, and provision of the Workplace Chemical List (WCL) and attachments as provided in § 8.7 of this title (relating to Workplace Chemical List);
(3) obtaining a Material Safety Data Sheet from manufacturers and distributors in accordance with § 8.6 of this title (relating to Material Safety Data Sheet (MSDS));
(4) complying with § 8.11(e)(3) of this title (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 title (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 title (relating to Emergency Response).
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