TEXAS HAZARD COMMUNICATION ACT

PROGRAM STATEMENT
The Texas Hazard Communication Act was passed by the 69th legislature and became effective January 1, 1986. Simply stated, the law requires disclosure of chemical hazards and provides access to information on hazardous chemicals.

THE ACT
Under the Act, all educational institutions within Texas, as well as any other employers, have the following responsibilities:

    1. As of January 1, 1986, employers must provide notice of the Act and its provisions to employees.
    2. As of January 1, 1986, employers must provide to the Fire Chief of the City Fire Department and the Local Emergency Planning Committee having jurisdiction over the workplace, a written list of the names and telephone numbers of knowledgeable representatives of the employer who can be contacted in case of emergency.
    3. As of January 1, 1986, employers must obtain Material Safety Data Sheets for all hazardous chemicals in the workplace. These sheets must be readily available for reference by employees and laboratory students. A file of MSDS's should be kept in each department where hazardous materials are stored or used. A list of MSDS's can be accessed on the University Safety Web site located on the Intranet.
    4. As of January 1, 1986, employers must obtain appropriate labels for containers of hazardous chemicals.
    5. As of September 1, 1993, employers must provide education and training for employees on an as needed basis as determined by the written school district safety policy. Employees must be informed of potential exposures they may have to hazardous chemicals and must be trained on hazardous chemicals that they use, regardless of quantity. All employees must be trained prior to working with hazardous chemicals or when new information on hazards is received.

DEFINITIONS

CHEMICAL NAME--The scientific designation of a chemical developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature, or a name that will clearly identify the chemical for conducting a hazard evaluation.
COMMON NAME--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.   
EMPLOYEE--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.
EXPOSE/EXPOSURE--When an employee is subjected to a hazardous chemical in the course of employment.
HAZARDOUS CHEMICAL--Any element, chemical compound, or mixture of elements or compounds that is a physical hazard or health hazard.
HEALTH HAZARD--Chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatoxins, nephrotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or  mucous membranes.
PHYSICAL HAZARD--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.
MATERIAL SAFETY DATA SHEET (MSDS)--A document containing hazard and safe handling information. MSDS's are located here.
MIXTURES--l. If a mixture has been tested as a whole to determine its hazards, the test results shall be used to determine whether the mixture is hazardous.2. If a mixture has not been tested as a whole to determine its hazards, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to    present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent    or greater which is considered to be a carcinogen.
LABEL-Any written, printed or graphic material displayed on or affixed to containers of hazardous chemicals.
WORK AREA--A room or defined space in a workplace where hazardous chemicals are produced or used and where employees are present.
WORKPLACE--A geographical location containing one or more work areas. (A single department located on one campus can be designated as a workplace.)

EMPLOYEE RESPONSIBILITY
Employees at Texas Woman's University have the following rights under the Act:
a. Access to the workplace and work area chemical lists and the pertinent Material Safety Data Sheets (MSDS),
b. to be trained about use and handling of hazardous chemicals,
c. to file complaints about violations without reprisal,
d. to not be required to work with hazardous chemicals from unlabeled containers, except portable containers for immediate use.

EMPLOYER RESPONSIBILITY
Texas Woman's University being an Employer must:
a. provide notice to employees of the act and its provisions,
b. provide, at least annually, training for employees and report to the Commissioner of     Health that the training was provided,
c .develop a workplace chemical list for each workplace having a hazardous chemical in quantities over 55 gallons or 500 pounds, or a lesser amount if set by the Board of Health,
d. submit the workplace chemical list annually to the Commissioner of Health, LEPC, Fire Department
e. update the list as necessary (at least annually and keep the list for 30 years,)
f.  provide the fire chief with chemical lists upon request.

EXEMPTIONS
Texas Hazard Communication Act Exemptions:
a. articles that do not normally release hazardous chemicals (i.e. tires, pvc piping, etc.),
b. products for personal consumption,
c. food, food additives, color additives, drugs, cosmetics, spirits,
d. products labeled pursuant to the federal insecticide, and rodenticide act,
e. hazardous waste,
f.  radioactive waste,
g. hazardous chemicals sold or transferred in sealed packages in less than five days,
h. retail food establishments and all other retail trade except processing and repair places.

WORK AREA CHEMICAL LIST
Each department shall:
a. compile a chemical list for each hazardous chemical normally used or stored in the work area,
b. give the chemical name and common name which is used on the material safety data sheet and container label,
c. give the quantity of each chemical at the time of the inventory (in gallons or pounds or fractions thereof),
d. give the work area in which the hazardous chemical is normally stored or used (building or room),
e. use the chemical inventory form for reporting (forms are available from the University Safety officer),
f.  update the work area chemical list annually,
g. provide the University Safety Officer with a copy of the work area chemical list,
h. make this list accessible to employees and emergency personnel upon request.

WORKPLACE CHEMICAL LIST
Each department shall:
a. compile a workplace chemical list from all work area chemical lists within the workplace for hazardous chemicals in excess of 55 gallons or 500 pounds,
b. use the chemical inventory form for reporting,
c. provide the University Safety Officer with a copy of the workplace chemical list,
d. maintain files of the workplace chemical list,
e. update the workplace chemical list annually (prior to November 30, send the list to University Safety Coordinator),
f. make the chemical lists accessible to employees and emergency service personnel.

TRAINING PROCEDURES
Each department chairman shall:
a. appoint one or more persons within the department to serve as trainers. These trainers must be knowledgeable about the hazards associated with the specific chemicals used in their respective work areas.
b. certify that all persons involved in classes that use hazardous chemicals have been informed of the act,
c .ensure that new or newly assigned employees shall be provided training before working with or in a work area containing hazardous chemicals,

The University Safety Officer shall:
a. supply training information to the departmental trainers regarding their responsibilities for complying with the Texas Hazard Comm Act,
b. compile a training list for the university from training forms supplied by departmental trainers,
c.   maintain training, chemical list files.

Each department trainer shall:
a. be responsible for providing and documenting specific training for each department employee,
b. re-train departmental employees each year during the Fall semester,
c. complete the standard training form for records of training and include date of training sessions and employee's signature of attendance (forms are available from the University Safety Officer),
d. Certify prior to the end of November that re-training has been completed.

Training shall include:
a. interpreting labels and material safety data sheets and their relationship,
b. location of, and safe handling of hazardous chemicals used by the employee, (if training is conducted based on chemical categories, describe the information for each category),
c. appropriate protective equipment to be used with respect to the hazardous chemicals used by employees,
d. general safety instructions on handling, clean-up procedures, and disposal of hazardous chemicals,
e. purpose and applicability of the Texas Hazardous Communication Act,
f.  first aid treatment with hazardous chemical exposures,
g. employee rights under the Texas Hazard Communications ACT.

Designated References for the Hazardous Chemical Reference List
The following references are designated under Section 1910.1200 (e) (of the OSHA standard). These references were adopted by the Texas Hazard
Communication Act.
a. OSHA's "Toxic and Hazardous Substances," 29 CFR 1910 Subpart Z.
b. American Conference of Governmental Industrial Hygienists Threshold Limit values(TLV) for Chemical Substance and Physical Agents in the Work Environment
c. The National Toxicology Programs (NTP). Third Annual Report on Carcinogens.
d. International Agency for Research on Cander's (IARC) Monographs Supplement 4.

NOTICE TO EMPLOYEES
What must be considered when posting the NOTICE TO EMPLOYEES sign?

Under the Texas Hazard Communication Act, the NOTICE TO EMPLOYEES sign should be hung by all universities and schools in all work places that contain hazardous substances. Some suggested areas that the notice should be hung are:

Teacher preparation areas
Science classrooms
Science laboratories
Chemical storage rooms
Janitorial closets
Art rooms
Bus barns
All shop areas that use hazardous substances
Offices with copy machines
Cafeteria kitchens

Non-manufacturing 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.

Forms

TrainingAgenda Train-the Trainer requirements.Used to guide training requirements.
Chemical Inventory Form used to record all hazardous substances in workplace.
Training Acknowledgement Form used to record training recipients and date.

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